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Articles 1 - 8 of 8

Full-Text Articles in Law

Family Law And Female Empowerment, Andrea B. Carroll Mar 2019

Family Law And Female Empowerment, Andrea B. Carroll

Andrea Beauchamp Carroll

No abstract provided.


Gay Marriage And The Problem Of Property, Andrea B. Carroll Dec 2015

Gay Marriage And The Problem Of Property, Andrea B. Carroll

Andrea Beauchamp Carroll

The Supreme Court’s gay marriage decision in Obergefell has been hailed in almost all corners as a milestone in American jurisprudence. From topics as varied as adoption and taxes, a myriad of rights have now descended upon gay couples as a result of the Court’s ruling. In this Commentary, we explore the little discussed downsides of the decision when it comes to the property rights and debts of the spouses. This is particularly important when considering the rights of third parties and their settled expectations in the context of retroactivity, as well the ways in which the Court’s decision may …


Breaking Forever Families, Andrea B. Carroll Oct 2015

Breaking Forever Families, Andrea B. Carroll

Andrea Beauchamp Carroll

No abstract provided.


Cracks In The Cost Structure Of Agency Adoption, Andrea B. Carroll May 2014

Cracks In The Cost Structure Of Agency Adoption, Andrea B. Carroll

Andrea Beauchamp Carroll

No abstract provided.


Discrimination In Baby Making: The Unconstitutional Treatment Of Prospective Parents Through Surrogacy, Andrea B. Carroll May 2014

Discrimination In Baby Making: The Unconstitutional Treatment Of Prospective Parents Through Surrogacy, Andrea B. Carroll

Andrea Beauchamp Carroll

The article focuses on limited use of reproductive technologies in defense of discriminating against unmarried intended parents. It emphasizes to eliminate unconstitutional treatment of prospective parents involved in the surrogacy process. It informs that State laws related to surrogacy create discrimination which is based on marital status. It suggests that surrogacy should be included as a permissible reproductive avenue for right to married and unmarried intended parents in the U.S.


Re-Regulating The Baby Market: A Call For A Ban On Payment Of Birth Mother Living Expenses, Andrea B. Carroll Apr 2014

Re-Regulating The Baby Market: A Call For A Ban On Payment Of Birth Mother Living Expenses, Andrea B. Carroll

Andrea Beauchamp Carroll

More than fifty years ago, state law on domestic infant adoption changed to uniformly prohibit the practice of baby selling, a development that eliminated the “black market” for babies that many argued previously existed. Nonetheless, one need not look far to find that the United States’ domestic adoption system is broken even today, and the cost structure of the domestic adoption scheme is the greatest offender. A domestic adoption currently costs in the neighborhood of $40,0000, with the vast majority of the associated expenses coming not from the payment of any professional fees, but rather from the payment of living …


Incentivizing Divorce, Andrea B. Carroll Apr 2014

Incentivizing Divorce, Andrea B. Carroll

Andrea Beauchamp Carroll

Marriage is an important relationship, both for the parties to it and for society as a whole. Its benefits, stemming from the economies of scale and joint consumption inherent in the relationship, are largely unquestionable. And when marriage fails, the results are rather staggering. Economically, it is estimated that the annual cost of divorce to American taxpayers approaches $30 billion. From a social science perspective, the negative impacts of divorce on women and children have long been decried. In the face of these facts, we expect family law to fulfill a certain role. It should channel parties into the relationship …


Reviving Proxy Marriage, Andrea B. Carroll Apr 2014

Reviving Proxy Marriage, Andrea B. Carroll

Andrea Beauchamp Carroll

Marriage is merely a contract. It creates myriad rights and responsibilities - essentially conferring a status - but the American states recognize without exception that the parties’ relationship is at base nothing more than a contractual one. Still, modern society has elevated the marriage contract above all others. This distinction has overwhelmingly focused on the very personal nature of the marital relationship, a feature nonexistent in the arms-length contractual dealings with which we are accustomed to working when applying contract law. As a result, marriage is subject to a number of requirements, even at the level of contractual formation, which …