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Articles 1 - 30 of 176
Full-Text Articles in Law
Benefit Or Burden?: Brackeen V. Zinke And The Constitutionality Of The Indian Child Welfare Act, Katie L. Gojevic
Benefit Or Burden?: Brackeen V. Zinke And The Constitutionality Of The Indian Child Welfare Act, Katie L. Gojevic
Buffalo Law Review
No abstract provided.
Phantom Income And Domestic Support Obligations, Timothy M. Todd
Phantom Income And Domestic Support Obligations, Timothy M. Todd
Buffalo Law Review
The tax code is designed to raise government revenue. Domestic support obligations (DSOs)—namely, child support and spousal support—are designed to ameliorate the financial burdens that arise upon divorce. To determine the amount of domestic support obligations, statutes often refer to commonly used taxation concepts, such as “income.”
Courts determining domestic support obligations have been confronted with the question of how to treat “phantom income”—that is, amounts that are includible as gross income under the federal tax code but that have not resulted in any actual current cash receipt. Individuals obligated to make domestic support payments have argued that phantom income …
From Marriage To Households: Towards Equal Treatment Of Intimate Forms Of Life, Deborah Zalesne, Adam Dexter
From Marriage To Households: Towards Equal Treatment Of Intimate Forms Of Life, Deborah Zalesne, Adam Dexter
Buffalo Law Review
Law and attitudes around marriage have changed drastically in our own history and are widely different across cultures. Same-sex marriage is now legal, polyamorous relationships are on the rise, and, as an empirical matter, marriage serves a different purpose than it did as little as forty years ago -- marriage is no longer a prerequisite for sexual intimacy, cohabitation, or parenthood. There are no essential elements to a definition of marriage to which the state can appeal without arbitrarily restricting citizens’ possibilities with respect to their most intimate relationships. Therefore, because any state-sanctioned version of marriage will be arbitrary, the …
Social Security, Divorce, And The Scope Of Federal Preemption, Michael T. Flannery
Social Security, Divorce, And The Scope Of Federal Preemption, Michael T. Flannery
Buffalo Law Review
In light of the United States Supreme Court’s decision in Howell v. Howell, in May 2017, this article urges Congress to clarify its intent for the scope of federal preemption of state property distribution laws under the anti-assignment provision of the Social Security Act, 42 U.S.C. § 407.Congress enacted the Social Security Act in 1935 to serve as a federally regulated social insurance benefit program designed to ensure a continuing source of income to retired workers, age 65 or older. Within the Act, Congress reserved for itself the exclusive authority to regulate the program, with one of the primary purposes …
The Ties That Bind: Attachment Theory And Child Welfare—Considering The Benefits Of Maintaining Biological Connections For Children In Foster Care, Keli Iles-Hernandez
The Ties That Bind: Attachment Theory And Child Welfare—Considering The Benefits Of Maintaining Biological Connections For Children In Foster Care, Keli Iles-Hernandez
Buffalo Public Interest Law Journal
No abstract provided.
Strenghtening Protections For Survivors Of Domestic Violence: The Case Of Washington, D.C., M. Alexandra Verdi
Strenghtening Protections For Survivors Of Domestic Violence: The Case Of Washington, D.C., M. Alexandra Verdi
Buffalo Law Review
No abstract provided.
Parental Parity: Intentional Parenthood's Promise, Melanie B. Jacobs
Parental Parity: Intentional Parenthood's Promise, Melanie B. Jacobs
Buffalo Law Review
No abstract provided.
Empowering Voices: Working Toward A Children's Right To Participatory Agency In Their Courtroom Experience, Kelsey Marie Ellen Till
Empowering Voices: Working Toward A Children's Right To Participatory Agency In Their Courtroom Experience, Kelsey Marie Ellen Till
Buffalo Law Review
No abstract provided.
Termination Of Parental Rights Of Mentally Disabled Parents In New York: Suggestions For Fixing An Overbroad, Outdated Statute, Brandon R. White
Termination Of Parental Rights Of Mentally Disabled Parents In New York: Suggestions For Fixing An Overbroad, Outdated Statute, Brandon R. White
Buffalo Public Interest Law Journal
No abstract provided.
To Protect The Shield: Combatting Domestic Violence In The Nfl, Helen A. Drew
To Protect The Shield: Combatting Domestic Violence In The Nfl, Helen A. Drew
Journal Articles
After the most tumultuous months in the history of the NFL, Helen A. Drew analyzes the string of disciplinary issues that plagued the sport, including the Ray Rice and Adrian Peterson incidents, among others. Drew tracks the timeline of negative events in 2014, then proceeds to discuss NFL Commissioner Roger Goodell's history regarding player discipline. The Article concludes by discussing the NFL's revised personal conduct policy and suggesting improvements to the NFL's internal operations in an effort to strengthen the NFL community and brand.
The Woman Question In Post-Socialist Legal Education, Isabel Marcus
The Woman Question In Post-Socialist Legal Education, Isabel Marcus
Journal Articles
Sex equality—a significant contribution to the international human rights canon—was one of the legitimating principles of socialist states in Eastern Europe and, at least formally, of their post-socialist democratic successors. Why then has the subject been ignored or deeply marginalized in post-socialist legal education? Using socio-legal analysis to establish a legitimation or delegitimation dynamic regarding law in theory and practice in both eras, the author provides answers to this question and suggests various options for reforming post-socialist legal education to provide adequate training in the subject of women’s rights consistent with states’ international and regional human rights obligations.
20 Years Of Domestic Violence Advocacy, Collaborations, And Challenges: Reflections Of A Clinical Law Professor, Suzanne E. Tomkins
20 Years Of Domestic Violence Advocacy, Collaborations, And Challenges: Reflections Of A Clinical Law Professor, Suzanne E. Tomkins
Journal Articles
No abstract provided.
The Role Of Clinical Legal Education In The Future Of The Battered Women's Movement, Leigh Goodmark
The Role Of Clinical Legal Education In The Future Of The Battered Women's Movement, Leigh Goodmark
Buffalo Journal of Gender, Law & Social Policy
No abstract provided.
Unlocking Family Court's Potential For Public Health Promotion, Catherine Cerulli, Ann Marie White, Nancy Chin, Neil Mclaughlin
Unlocking Family Court's Potential For Public Health Promotion, Catherine Cerulli, Ann Marie White, Nancy Chin, Neil Mclaughlin
Buffalo Journal of Gender, Law & Social Policy
No abstract provided.
Violent Relationships And The Ensuing Effects On Children: Should New York Adopt A Rebuttable Presumption Against Awarding Custody To Batterers?, Elizabeth Monachino
Violent Relationships And The Ensuing Effects On Children: Should New York Adopt A Rebuttable Presumption Against Awarding Custody To Batterers?, Elizabeth Monachino
Buffalo Journal of Gender, Law & Social Policy
No abstract provided.
So You Want To Have A Second Child? Second Child Bias And The Justification-Suppression Model Of Prejudice In Family Responsibilities Discrimination, Kyle C. Velte
Buffalo Law Review
No abstract provided.
Jack The Ripper Lives On… The Need To Recognize Prostitutes As Domestic Violence Victims, Luisa Johnson
Jack The Ripper Lives On… The Need To Recognize Prostitutes As Domestic Violence Victims, Luisa Johnson
Buffalo Journal of Gender, Law & Social Policy
No abstract provided.
The Federal Fortress Surrounding Police Liability For Failure To Enforce Protection Orders, Stephanie Smiertka
The Federal Fortress Surrounding Police Liability For Failure To Enforce Protection Orders, Stephanie Smiertka
Buffalo Journal of Gender, Law & Social Policy
No abstract provided.
Socio-Economic Status And Legal Factors Affecting African American Fathers, Herbert Fain, Kimberly Fain
Socio-Economic Status And Legal Factors Affecting African American Fathers, Herbert Fain, Kimberly Fain
Buffalo Journal of Gender, Law & Social Policy
No abstract provided.
Using Community Based Participatory Research To Study The Relationship Between Sources And Types Of Funding And Mental Health Outcomes For Children Served By The Child Welfare System In Ohio, Susan Vivian Mangold, Catherine Cerulli, Gregory Kapcar, Crystal Ward Allen, Kim Kaukeinen, Hua He
Using Community Based Participatory Research To Study The Relationship Between Sources And Types Of Funding And Mental Health Outcomes For Children Served By The Child Welfare System In Ohio, Susan Vivian Mangold, Catherine Cerulli, Gregory Kapcar, Crystal Ward Allen, Kim Kaukeinen, Hua He
Journal Articles
No abstract provided.
Revisiting The Role Of The Psychological Parent In The Dissolution Of The Homosexual Relationship, Caroline L. Kinsey
Revisiting The Role Of The Psychological Parent In The Dissolution Of The Homosexual Relationship, Caroline L. Kinsey
Buffalo Journal of Gender, Law & Social Policy
No abstract provided.
Toward A Theory Of Procedural Justice For Juveniles, Tamar R. Birckhead
Toward A Theory Of Procedural Justice For Juveniles, Tamar R. Birckhead
Buffalo Law Review
No abstract provided.
Nice Guys Finish Last: New Yorkers Leave Our Assets Exposed When We Plan For Forever, Audrey Rose Herman
Nice Guys Finish Last: New Yorkers Leave Our Assets Exposed When We Plan For Forever, Audrey Rose Herman
Buffalo Journal of Gender, Law & Social Policy
No abstract provided.
You Take The Embryos But I Get The House (And The Business): Recent Trends In Awards Involving Embryos Upon Divorce, Mark P. Strasser
You Take The Embryos But I Get The House (And The Business): Recent Trends In Awards Involving Embryos Upon Divorce, Mark P. Strasser
Buffalo Law Review
No abstract provided.
Failing To Speak For Itself: The Res Ipsa Loquitur Presumption Of Parental Culpability And Its Greater Consequences, Allyson B. Levine
Failing To Speak For Itself: The Res Ipsa Loquitur Presumption Of Parental Culpability And Its Greater Consequences, Allyson B. Levine
Buffalo Law Review
No abstract provided.
Follow The Money: Federal, State, And Local Funding Strategies For Child Welfare Services And The Impact Of Local Levies On Adoptions In Ohio, Susan V. Mangold, Catherine Cerulli
Follow The Money: Federal, State, And Local Funding Strategies For Child Welfare Services And The Impact Of Local Levies On Adoptions In Ohio, Susan V. Mangold, Catherine Cerulli
Journal Articles
No abstract provided.
Kinship Foster Care: Implications Of Behavioral Biology Research, David J. Herring
Kinship Foster Care: Implications Of Behavioral Biology Research, David J. Herring
Buffalo Law Review
No abstract provided.
Red Thread Or Slender Reed: Deconstructing Prof. Bartholet's Mythology Of International Adoption, Johanna Oreskovic, Trish Maskew
Red Thread Or Slender Reed: Deconstructing Prof. Bartholet's Mythology Of International Adoption, Johanna Oreskovic, Trish Maskew
Journal Articles
No abstract provided.
The Illusion Of Transformative Conflict Resolution: Mediating Domestic Violence In Nicaragua, Raquel Aldana, Leticia M. Saucedo
The Illusion Of Transformative Conflict Resolution: Mediating Domestic Violence In Nicaragua, Raquel Aldana, Leticia M. Saucedo
Buffalo Law Review
No abstract provided.
"If Sex Offenders Can Marry, Then Why Not Gays And Lesbians?": An Essay On The Progressive Comparative Argument, Courtney Megan Cahill
"If Sex Offenders Can Marry, Then Why Not Gays And Lesbians?": An Essay On The Progressive Comparative Argument, Courtney Megan Cahill
Buffalo Law Review
No abstract provided.