Benjamin C Wolf

Navigating the Matrimonial and Family Law Jurisdictional Gauntlet Where One Party Lives Out-of-State

Benjamin C. Wolf — Mon, 07 Jun 2010 08:24:44 PDT

This article explains the various situations in which New York courts have jurisdiction over a matrimonial or family court case, where one party is out-of-state. The New York Domestic Relations Law in this area is very complicated, and an understanding of the matter is vital when considering where a family or matrimonial action can be brought.

Getting a Common Law Marriage Recognized in a Non-Common-Law State

Benjamin C. Wolf — Tue, 26 Jan 2010 12:00:06 PST

Although most states have abolished common law marriage, a state may still recognize such a marriage established in another state which still recognizes common law marriages as valid, pursuant to the “full faith and credit” clause of the U.S. Constitution. This article discusses some of the requirements that one may meet in order to have a common law marriage recognized even in states which do not themselves recognize common law marriage as valid.

Driving While Intoxicated (DWI) Without Actually Driving

Benjamin C. Wolf — Tue, 11 Aug 2009 11:13:22 PDT

Each state has its own Driving Under the Influence (DUI) or Driving While Intoxicated (”DWI”) statute, each of which may define the elements of the crime differently. For example, in New York, pursuant to the Vehicle and Traffic Law, one may be convicted of a DWI, a very serious criminal offense, if he “operate[s] a motor vehicle” while legally intoxicated. The question is: What does it mean to “operate a motor vehicle”? Does merely turning on the engine violate the statute? Can you be arrested for walking toward your car? What if you sit in the car with the keys in your pocket?

Fetal Homicide Laws & Legal Abortion - The Common Denominator

Benjamin C. Wolf — Mon, 10 Aug 2009 11:55:49 PDT

While some may find this surprising, many relatively pro-choice states have laws that classify the killing of a fetus as homicide or murder. The fact that even the most pro-choice states classify the non-consensual killing of a fetus as murder in their criminal statutes indicates that such classification is certainly not intended to establish religious doctrine as state law or define “when life begins.” Rather, the fact that states consider non-consensual abortion to be murder while consensual abortion remains legal indicates that in this area of the law, another factor is at the forefront of legislator's minds.

After Gant, Is New York’s Car Search Rule Stricter, More Lenient or Juuuust Right?

Benjamin C. Wolf — Wed, 20 May 2009 17:55:29 PDT

This short article explores the Supreme Court's recent decision of Arizona v. Gant. Given that New York's Court of Appeals has traditionally been stricter than the United States Supreme Court with regard to the permissible scope of a search incident to a lawful arrest, this article asks whether the now-stricter Gant decision places the Supreme Court as strict as New York, less strict, or whether it remains more lenient.

Resolving the Conflict Between Jewish and Secular Estate Law

Benjamin C. Wolf — Wed, 20 May 2009 17:40:04 PDT

This brief Article, "A Practical Solution to the Conflict Between Secular and Jewish Estate Law," fills a gaping void in legal literature. It addresses the conflict that observant Jews face between their desire to carry out their estate plans on one hand and basic adherence to Jewish inheritance law on the other hand. Attorneys seeking practical solutions to this quandary for their observant Jewish clients have literally no sources available to them in law reviews and journals. All that is available are out-of-print Jewish sources. And even those sources are either Hebrew sources, with no English translation, or hard-to-find and out-of-print, and even these did not comprehensively address the proffered solutions according to secular law. This Article seeks to fill this gaping void in the legal literature.