Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
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 …