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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 …
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.
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.
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.
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.
Micah Has One Mommy And One Legal Stranger: Adjudicating Maternity For Nonbiological Lesbian Coparents, Melanie B. Jacobs
Micah Has One Mommy And One Legal Stranger: Adjudicating Maternity For Nonbiological Lesbian Coparents, Melanie B. Jacobs
Buffalo Law Review
No abstract provided.
Challenging The Parent-Child-State Triangle In Public Family Law: The Importance Of Private Providers In The Dependency System, Susan Vivian Mangold
Challenging The Parent-Child-State Triangle In Public Family Law: The Importance Of Private Providers In The Dependency System, Susan Vivian Mangold
Buffalo Law Review
No abstract provided.
Women's Freedom To Contract At Divorce: A Mask For Contextual Coercion, Penelope Eileen Bryan
Women's Freedom To Contract At Divorce: A Mask For Contextual Coercion, Penelope Eileen Bryan
Buffalo Law Review
No abstract provided.
The Battle For Baby Jessica: A Conflict Of Best Interests, Bernadette Weaver-Catalana
The Battle For Baby Jessica: A Conflict Of Best Interests, Bernadette Weaver-Catalana
Buffalo Law Review
No abstract provided.
A Life Preserver For Battered Immigrant Women: The 1990 Amendments To The Immigration Marriage Fraud Amendments, Maxine Yi Hwa Lee
A Life Preserver For Battered Immigrant Women: The 1990 Amendments To The Immigration Marriage Fraud Amendments, Maxine Yi Hwa Lee
Buffalo Law Review
No abstract provided.
Killing Us Softly: Divorce Mediation And The Politics Of Power, Penelope E. Bryan
Killing Us Softly: Divorce Mediation And The Politics Of Power, Penelope E. Bryan
Buffalo Law Review
No abstract provided.
Domestic Relations—Separation Agreement Provision For Child's College Education Held Binding In An Action For Child Support—Boden V. Boden, Susan K. Vanderlinde
Domestic Relations—Separation Agreement Provision For Child's College Education Held Binding In An Action For Child Support—Boden V. Boden, Susan K. Vanderlinde
Buffalo Law Review
No abstract provided.
Criminal Law—Private Eavesdropping—Second Circuit Finds Marital Dispute Implicitly Exempted From The Federal Wiretapping Act. Anonymous V. Anonymous, Roslyn A. Lipton
Criminal Law—Private Eavesdropping—Second Circuit Finds Marital Dispute Implicitly Exempted From The Federal Wiretapping Act. Anonymous V. Anonymous, Roslyn A. Lipton
Buffalo Law Review
No abstract provided.
Malpica-Orsini: Bypassing The Unwed Father In New York Adoptions, Joseph K. Riotto
Malpica-Orsini: Bypassing The Unwed Father In New York Adoptions, Joseph K. Riotto
Buffalo Law Review
No abstract provided.
Custody Rights Of Lesbian Mothers: Legal Theory And Litigation Strategy, Nan D. Hunter, Nancy D. Polikoff
Custody Rights Of Lesbian Mothers: Legal Theory And Litigation Strategy, Nan D. Hunter, Nancy D. Polikoff
Buffalo Law Review
No abstract provided.
The Impact Of The Equal Rights Amendment On The New York State Alimony Statute, Richard H. Murphy
The Impact Of The Equal Rights Amendment On The New York State Alimony Statute, Richard H. Murphy
Buffalo Law Review
No abstract provided.
Family Law—A Man Who Consents To The Heterologous Artificial Insemination Of His Wife Is The Childs Father Whose Permission Is Required For The Adoption Of The Child By Another., Barbara J. Davies
Buffalo Law Review
In re Adoption of Anonymous, 74 Misc. 2d 99, 345 N.Y.S.2d 430 (Sur. Ct. 1973).
Cruelty Divorce Under New York's Reform Act: On Repeating Ancient Error, Lee E. Teitelbaum
Cruelty Divorce Under New York's Reform Act: On Repeating Ancient Error, Lee E. Teitelbaum
Buffalo Law Review
No abstract provided.
Domestic Relations—State Statute May Not Forbid A Putative Father From Suing For The Wrongful Death Of His Illegitimate Child, Myra S. Goldstein
Domestic Relations—State Statute May Not Forbid A Putative Father From Suing For The Wrongful Death Of His Illegitimate Child, Myra S. Goldstein
Buffalo Law Review
Holden v. Alexander, 39 App. Div. 2d 476, 336 N.Y.S. 2d 649 (2d Dep't 1972).
The Equal Rights Amendment: Constraint On Discretion In Family Law, Marylou Clark, Tricia Semmelhack, Sara Steinbock
The Equal Rights Amendment: Constraint On Discretion In Family Law, Marylou Clark, Tricia Semmelhack, Sara Steinbock
Buffalo Law Review
No abstract provided.
In Defense Of Youth. By W. Vaughn Stapleton And Lee E. Teitelbaum., Daniel Katkin, Frederick Hussey
In Defense Of Youth. By W. Vaughn Stapleton And Lee E. Teitelbaum., Daniel Katkin, Frederick Hussey
Buffalo Law Review
No abstract provided.