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Giving Every Child A Chance: The Need For Reform And Infrastructure In Intercountry Adoption Policy, Rachel J. Wechsler
Giving Every Child A Chance: The Need For Reform And Infrastructure In Intercountry Adoption Policy, Rachel J. Wechsler
Rachel J. Wechsler
This essay is both descriptive and normative in nature. Its purpose is to describe the current intercountry adoption regime along with its problems, and to propose a much-needed solution. At the outset, the paper explains the great need for intercountry adoption, highlighting empirical research on child development. Secondly, it gives an overview of past and present international adoption policy. Thirdly, the essay describes the problems in the current policy regime. Finally, it proposes an international agency and Family Court as a new approach to intercountry adoption that will solve many of the failures of the current system.
Integrated Sovereignty, Philip M. Nichols
Integrated Sovereignty, Philip M. Nichols
Philip M. Nichols
Sovereignty confounds legal scholarship. The doctrinal definition of sovereignty does not describe the real world, yet that definition dominates both the application of law and scholarly debate. Robert Dahl’s empirical methodology, never before applied to sovereignty, yields at least two insights. First, sovereignty does not consist of absolute control of everything, instead sovereignty is the final control of some things. Second, many different entities possess sovereignty; thus the sovereignty described in doctrinal international law is actually integrated. Accepting the notion of integrated sovereignty allows international law to better describe the empirical world, and positions international law to accommodate the needs …
United States V. Lazarenko: Filling In Gaps In Support And Regulation Of Transnational Relationships, Philip M. Nichols
United States V. Lazarenko: Filling In Gaps In Support And Regulation Of Transnational Relationships, Philip M. Nichols
Philip M. Nichols
The prosecution in the United States of Pavlo Lazarenko for corruption merits study for two reasons. First, it provides case study of the use of local laws to deal with a transnational act. Law should support and regulates interaction within communities; local laws that stop at the borders do little to support transnational communities and international law, which does not recognize most transnational persons as legitimate subjects of international law, does even less. The court that tried Lazarenko could not therefore rely solely on its local law nor could it turn to nonexistent transnational law; instead it cobbled together local …