Law Commons^™

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

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

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

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

Buffalo Public Interest Law Journal

No abstract provided.

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

Buffalo Law Review

No abstract provided.

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

Buffalo Public Interest Law Journal

No abstract provided.

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

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

Journal Articles

No abstract provided.

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

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

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

Buffalo Journal of Gender, Law & Social Policy

No abstract provided.

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

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

Journal Articles

No abstract provided.

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

Buffalo Law Review

No abstract provided.

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

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

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

Journal Articles

No abstract provided.

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

Buffalo Law Review

No abstract provided.

Red Thread Or Slender Reed: Deconstructing Prof. Bartholet's Mythology Of International Adoption, Johanna Oreskovic, Trish Maskew

Journal Articles

No abstract provided.

"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.