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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.
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.
Parental Parity: Intentional Parenthood's Promise, Melanie B. Jacobs
Parental Parity: Intentional Parenthood's Promise, Melanie B. Jacobs
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.
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.
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.
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.
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.
Munchausen Syndrome By Proxy: Treatment In The Courts, Kimberly L. Sweet
Munchausen Syndrome By Proxy: Treatment In The Courts, Kimberly L. Sweet
Buffalo Women's Law Journal
No abstract provided.
The Adulterous Wife: A Cross-Historical And Interdisciplinary Approach, Meghan E.B. Norton
The Adulterous Wife: A Cross-Historical And Interdisciplinary Approach, Meghan E.B. Norton
Buffalo Women's Law Journal
No abstract provided.
His, Hers Or Ours? – Who Has The Right To Determine The Disposition Of Frozen Embryos After Separation Or Divorce?, April J. Walker
His, Hers Or Ours? – Who Has The Right To Determine The Disposition Of Frozen Embryos After Separation Or Divorce?, April J. Walker
Buffalo Women's Law Journal
No abstract provided.
Domesticity And The Texas Community Property System, Lauren F. Redman
Domesticity And The Texas Community Property System, Lauren F. Redman
Buffalo Women's Law Journal
No abstract provided.
Why Judy Norman Acted In Reasonable Self-Defense: An Abused Woman And A Sleeping Man, Marina Angel
Why Judy Norman Acted In Reasonable Self-Defense: An Abused Woman And A Sleeping Man, Marina Angel
Buffalo Women's Law Journal
No abstract provided.
International Adoption: Thoughts On The Human Rights Issues, Elizabeth Bartholet
International Adoption: Thoughts On The Human Rights Issues, Elizabeth Bartholet
Buffalo Human Rights Law Review
No abstract provided.