The New York Times covers the Supreme Court’s acceptance of a case challenging a police failure to enforce a protective order (Town of Castle Rock v. Gonzales, No. 04-278). Linda Greenhouse writes (excerpt): The case will require the Supreme Court…
Correlating sex and satisfaction
ABCnews reveals Primetime Live’s polling results on sex in America. Gary Langer, Cheryl Arnedt and Dalia Sussman write (excerpt): Satisfaction, in particular, matters: People who are satisfied with their sex lives are considerably more likely in turn to be satisfied…
Conforming judgment
The Michigan Supreme Court vacated the court of appeals decision in Zak v. Zak (Case No. SC: 126023-4; September 24, 2004). The court determined that: (1) in settlement, the parties could treat the severance payment as income, not property; and…
Fault or no-fault
Findlaw includes an update on the movement in New York toward “true no-fault divorce,” noting the practical effects of making divorces hard to get (out-of-state divorces, dishonesty, perjury, fraud). In Michigan, we see legislative efforts every year in the opposite…
Hip and whizzo
BBC News lists 101 words that came into common use in the last 101 years: A study of when new words became common during the past century has had some surprising findings, such as the word “celebs” being used in…
Giving notice to parties in default
By ADM File No. 2004-09 the Michigan Supreme Court has amended MRC 2.603 (default and default judgment), effective January 1, 2005. The stated intent was to clarify “some ambiguities created by the former rule’s inconsistent usage of ‘default,’ ‘default judgment,’…
Declining modification of prior bad acts rule
The Justices action on 2001-51 – Proposed Amendment of Rule 404 of the Michigan Rules of Evidence provides an interesting diversity in approaches to the problem of domestic violence prosecutions, including wedges between usual allies. Excerpts: Kelly: I am unwilling…
Reflections on a “debasing, ultra-demoralizing, un-American and inhuman leprosy”
The Detroit Free Press includes the personal account of life and death for her interracial great-grandparents. Desiree Cooper writes: When Logan died in 1936, Mary and their children stood outside the church, forbidden to attend the funeral. Because he left…
Leading questions
The New York Times uses the presidential debates between Bush and Kerry to teach a trial advocacy lesson on the difference between direct examination and cross examination. Christopher Scanlan writes (excerpt): Unlike its rhetorical opposite, the closed-ended question, which limits…
Public advocacy
The Family Law Section posts its positions on various legislative efforts on the web. The recent positions include: SB0702 Children, adoption SB0935 Family law, marriage & divorce SB0960 Pre-divorce Program SB0961 Marriage Preservation Tax Credit SB0962 Tax Credit for Marriage…
Books on coping with divorce
Recently, the ABA Family Law listserve generated a discussion of divorce resources for clients, couples and families. The books referenced included: Divorce is Not the End of the World: Zoe’s and Evan’s Coping Guide for Kids, by Zoe and Evan…
Making a difference
The State Bar of Michigan presented major awards to Michigan family law lawyers at its 69th Annual Meeting. The SBM honored Richard Kupferschmidt, Richard S. Victor, and Joseph W. Cunningham at the Distinguished Service Awards Banquet: Richard Kupferschmidt, of Western…
Nothing but the truth
Lee Robinson gives us her poem “The Rules of Evidence.” Note that this is art, not advice for conducting a real trial. Or is it? Read the poem and you decide (excerpt): What you want to say most is inadmissible.…
“wondering if people are thinking of me”
The New York Times gives space to D. Nurkse and creative writing workshops for kids in custody. The article links to the poems of 6 teenage inmates at Rikers Island. D. Nurkse writes (excerpt): In 1998 I was hired to…
Election results
The Family Law Section, State Bar of Michigan, elected the following officers for 2004-2005: John F. Mills, Chair Judge Lisa M. Sullivan, Chair-elect David C. Sarnacki, Treasurer Carlo Martina, Corresponding Secretary Charlotte Allen, Recording Secretary
Beginning conversations
Marie Claire’s It’s Time to Talk campaign is striving to help the one in three women who will be abused during their lifetime. The Corporate Alliance to End Partner Violence and Domestic Violence Programs at Safe Horizon provides tips on…
Evasive action to avoid paying ex-wife
The Sixth Circuit Court of Appeals issued In re: Copper, 2004 Fed App. 0007P (6th Cir. 2004)(File Name: 04b0007p.06). Judge Aug writes (excerpt): Over the past nine years, the Debtor has taken evasive action to avoid paying his ex-wife, Athena…
Second time around
haiku and reflection
What a kid wants, what a kid needs
the father-daughter story of Karl Malone and Cheryl Ford
The first 10 minutes
the importance of first impressions