Law Commons^™

Regulating Markets For Gestational Care: Comparative Perspectives On Surrogacy In The United States And India, Sital Kalantry

Cornell Journal of Law and Public Policy

Many newly emerging surrogacy markets imported the American-style free market model to surrogacy, but this model has led to exploitation and abuse of surrogates even though similar abuses were not observed in the United States. It is interesting that even in U.S. states where there is no legislation that directly regulates surrogacy, industry actors have developed customary terms and norms that provide a basic level of rights and protections to surrogates. However, industry norms do not similarly protect surrogates in India.

I argue that industry actors in the United States are incentivized to create such protective norms because they have …

Families And The Ethic Of Globordered Markets, Daphna Hacker

Cornell Journal of Law and Public Policy

In this Article, I examine the ethical implications of the impact of what I term globordered markets-that is, the markets created by the intense interactions between national borders and globalization-on families. While the interrelations between "the family" and "the market" have been acknowledged ever since Engels pointed to the connection between private property and the patriarchal family, and more recently in the rich discussions over work-family balance, there remains much more to be explored in this moral domain. In particular, very little scholarly attention has been given to how families are affected by both the global market and the impact …