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Full-Text Articles in Law

Punishing Families For Being Poor: How Child Protection Interventions Threaten The Right To Parent While Impoverished, David Pimentel Jan 2019

Punishing Families For Being Poor: How Child Protection Interventions Threaten The Right To Parent While Impoverished, David Pimentel

Articles

No abstract provided.


Free-Range Parenting Gets Legal Protection In Utah - But Should The State Dictate How To Parent?, David Pimentel Jun 2018

Free-Range Parenting Gets Legal Protection In Utah - But Should The State Dictate How To Parent?, David Pimentel

Articles

No abstract provided.


Protecting The Free-Range Kid: Recalibrating Parents' Rights And The Best Interest Of The Child, David Pimentel Jan 2016

Protecting The Free-Range Kid: Recalibrating Parents' Rights And The Best Interest Of The Child, David Pimentel

Articles

No abstract provided.


Medicaid Spend Down, Estate Recovery And Divorce: Doctrine, Planning, And Policy, John A. Miller Jan 2015

Medicaid Spend Down, Estate Recovery And Divorce: Doctrine, Planning, And Policy, John A. Miller

Articles

Medicaid is the need-based government program that pays for much of the health care for the poor in the United States. Medicaid often ends up paying the costs of nursing home care for middle-class seniors who have descended into poverty as a result of the high costs of such care. For married couples, Medicaid requires a “spend down” of both spouses’ assets before one spouse can qualify for Medicaid support. This Article posits that, unless the law is changed, divorce may well become standard Medicaid planning practice in many circumstances. This will be especially true for middle and upper-middle-class married …


The Impact Of Obergefell: Tradition Marriage's New Lease On Life, David Pimentel Jan 2015

The Impact Of Obergefell: Tradition Marriage's New Lease On Life, David Pimentel

Articles

The Supreme Court's decision in Obergefell v. Hodges in June 2015 provided a dramatic turn in America's ongoing debate over same-sex marriage. Justice Kennedy's opinion speaks in emotionally evocative terms about the compelling societal and personal significance of marriage, holding that the right to marry is a fundamental right under the Fourteenth Amendment, a right that extends to same-sex couples. Justice Kennedy's rhetoric about the importance of marriage is noteworthy, even curious, given marriage's steady decline over the past 50 years. Just when it seemed that marriage was losing its significance in our society-because marriages are more easily ended, because …


It's Worth The Hassle Part Ii: How Does The Baby Veronica Case Impact Cases Involving Indian Children?, Elizabeth Brandt Jan 2014

It's Worth The Hassle Part Ii: How Does The Baby Veronica Case Impact Cases Involving Indian Children?, Elizabeth Brandt

Articles

No abstract provided.


Criminal Child Neglect And The Free Range Kid: Is Overprotective Parenting The New Standard Of Care?, David Pimentel Jan 2012

Criminal Child Neglect And The Free Range Kid: Is Overprotective Parenting The New Standard Of Care?, David Pimentel

Articles

No abstract provided.


Domestic Violence Trends And Topics, Patrick D. Costello Jan 2009

Domestic Violence Trends And Topics, Patrick D. Costello

Articles

No abstract provided.


Origins Of Idaho's Community Property System: An Attempt To Solve A Legislative Mystery, Elizabeth Brandt Jan 2009

Origins Of Idaho's Community Property System: An Attempt To Solve A Legislative Mystery, Elizabeth Brandt

Articles

No abstract provided.


Concerns At The Margins Of Supervised Access To Children, Elizabeth Brandt Jan 2007

Concerns At The Margins Of Supervised Access To Children, Elizabeth Brandt

Articles

No abstract provided.


Representing Victims Of Domestic Violence In Property Distribution Proceedings After The Bankruptcy Abuse Prevention And Consumer Protection Act Of 2005, Elizabeth Brandt Jan 2007

Representing Victims Of Domestic Violence In Property Distribution Proceedings After The Bankruptcy Abuse Prevention And Consumer Protection Act Of 2005, Elizabeth Brandt

Articles

No abstract provided.


Cautionary Tales Of Adoption: Addressing The Litigation Crisis At The Moment Of Adoption, Elizabeth Brandt Jan 2005

Cautionary Tales Of Adoption: Addressing The Litigation Crisis At The Moment Of Adoption, Elizabeth Brandt

Articles

No abstract provided.


De Facto Custodians: A Response To The Needs Of Informal Kin Caregivers?, Elizabeth Brandt Jul 2004

De Facto Custodians: A Response To The Needs Of Informal Kin Caregivers?, Elizabeth Brandt

Articles

No abstract provided.


Parents Know Best: Revising Our Approach To Parental Custody Agreements, Linda Jellum Jan 2004

Parents Know Best: Revising Our Approach To Parental Custody Agreements, Linda Jellum

Articles

Historically, parents have not been able to determine custody of their children prior to marriage in the form of a prenuptial agreement. Although parents are able to enter into such agreements, courts normally have a great deal of latitude in ignoring these agreements. A majority of states merely consider the agreement as one factor in determining what is in the child's best interest, while the majority of the rest presume the agreement is in the best interest of the child unless the judge finds otherwise. Only two states defer to the parental agreement unless it would be harmful to the …


Valuation, Allocation, And Distribution Of Retirement Plans At Divorce: Where Are We?, Elizabeth Brandt Oct 2001

Valuation, Allocation, And Distribution Of Retirement Plans At Divorce: Where Are We?, Elizabeth Brandt

Articles

No abstract provided.


The Challenge To Rural States Of Procedural Reform In High Conflict Custody Cases, Elizabeth Brandt Jan 2000

The Challenge To Rural States Of Procedural Reform In High Conflict Custody Cases, Elizabeth Brandt

Articles

No abstract provided.


Uniform Premarital Agreements Act And The Reality Of Premarital Agreements In Idaho, Elizabeth Brandt Jan 1997

Uniform Premarital Agreements Act And The Reality Of Premarital Agreements In Idaho, Elizabeth Brandt

Articles

No abstract provided.


Family Law And The Pursuit Of Intimacy, Monique C. Lillard Jan 1994

Family Law And The Pursuit Of Intimacy, Monique C. Lillard

Articles

No abstract provided.


Treatment Of Community Contributions To Mortgage Payments (Including Principal And Interest On Separate Property), Elizabeth Brandt Jan 1994

Treatment Of Community Contributions To Mortgage Payments (Including Principal And Interest On Separate Property), Elizabeth Brandt

Articles

No abstract provided.


Community Income, Federal Income Taxation And Divorce, John A. Miller Jan 1991

Community Income, Federal Income Taxation And Divorce, John A. Miller

Articles

No abstract provided.


Introduction To The First Annual Review Of Community Property Law, Elizabeth Brandt Jan 1991

Introduction To The First Annual Review Of Community Property Law, Elizabeth Brandt

Articles

No abstract provided.


Federal Income Taxation And Community Property Law: The Case For Divorce, John A. Miller Jan 1990

Federal Income Taxation And Community Property Law: The Case For Divorce, John A. Miller

Articles

No abstract provided.


Community-Property Treatment Of The Increase In Value Of A Separately Owned Business, Elizabeth Brandt Jan 1990

Community-Property Treatment Of The Increase In Value Of A Separately Owned Business, Elizabeth Brandt

Articles

No abstract provided.