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Articles 1 - 6 of 6
Full-Text Articles in Law
Saving Seaborn: Ownership Not Marriage As The Basis Of Family Taxation, Dennis J. Ventry Jr
Saving Seaborn: Ownership Not Marriage As The Basis Of Family Taxation, Dennis J. Ventry Jr
Indiana Law Journal
One of the most famous Supreme Court tax cases celebrated its eightieth birthday last year. In Poe v. Seaborn, the Court reified two principles of the federal income tax: ownership determines tax liability and state law determines ownership. This Article affirms that family taxation continues to follow ownership, not marriage, despite the federal government’s position that the “ownership equals taxability” rule applies almost exclusively to heterosexual spouses. Verifying the vitality of this principle carries significant implications for all families, particularly nontraditional families. Under the aegis of Seaborn, the principle authorizes certain members of state-recognized relationships—marriages, domestic partnerships, civil unions—to file …
Reviled Mothers: Custody Modification Cases Involving Domestic Violence, Megan Shipley
Reviled Mothers: Custody Modification Cases Involving Domestic Violence, Megan Shipley
Indiana Law Journal
No abstract provided.
To Lynch A Child: Bullying And Gender Nonconformity In Our Nation's Schools, Michael J. Higdon
To Lynch A Child: Bullying And Gender Nonconformity In Our Nation's Schools, Michael J. Higdon
Indiana Law Journal
No abstract provided.
Resolving Conflicts Of Constitution: Inside The Dominican Republic's Constitutional Ban On Abortion, Mia So
Resolving Conflicts Of Constitution: Inside The Dominican Republic's Constitutional Ban On Abortion, Mia So
Indiana Law Journal
No abstract provided.
Fundamental Versus Deferential: Appellate Review Of Terminations Of Parental Rights, Karen A. Wyle
Fundamental Versus Deferential: Appellate Review Of Terminations Of Parental Rights, Karen A. Wyle
Indiana Law Journal
Any attorney who handles or follows cases involving termination of parental rights will have often read, “This court has long had a highly deferential standard of review in cases concerning the termination of parental rights.” This article addresses several questions that arise from that familiar language:
- Does the Indiana Court of Appeals in fact have a tradition or practice of highly deferential review of termination orders?
- Is this deference greater than the court accords to trial court decisions in other family law matters or in non-family civil appeals?
- If so, on what legal analysis is this special deference based?
- Is …
Domestic Violence And State Intervention In The American West And Australia, 1860-1930, Carolyn B. Ramsey
Domestic Violence And State Intervention In The American West And Australia, 1860-1930, Carolyn B. Ramsey
Indiana Law Journal
This Article calls into question stereotypical assumptions about the presumed lack of state intervention in the family and the patriarchal violence of Anglo- American frontier societies in the late nineteenth and early twentieth centuries. By analyzing previously unexamined cases of domestic assault and homicide in the American West and Australia, Professor Ramsey reveals a sustained (but largely ineffectual) effort to civilize men by punishing violence against women. Husbands in both the American West and Australia were routinely arrested or summoned to court for beating their wives in the late 1800s and early 1900s. Judges, police officers, journalists, and others expressed …