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Full-Text Articles in Law
Signed, Sealed, Delivered--Not Yours: Why The Fair Labor Standards Act Offers A Framework For Regulating Gestational Surrogacy, Zoe M. Beiner
Signed, Sealed, Delivered--Not Yours: Why The Fair Labor Standards Act Offers A Framework For Regulating Gestational Surrogacy, Zoe M. Beiner
Vanderbilt Law Review
Over the past several decades, gestational surrogacy has emerged as a rapidly growing industry. Such growth has prompted an enormous amount of debate among scholars, human rights advocates, economists, and the media over a wide array of legal and ethical issues. This debate is perhaps most evident in the divergence of state approaches to the regulation of gestational surrogacy-for example, some states ban the practice entirely, others allow only altruistic arrangements, and many states simply do not address surrogacy at all. The fractured landscape of surrogacy regulation has resulted in artificially high costs and, often, uncertainty for all parties involved. …
Contract As Commodified Promise, Erik Encarnacion
Contract As Commodified Promise, Erik Encarnacion
Vanderbilt Law Review
Many scholars assume that lawmakers should design contract law with the goal of facilitating commercial promises. But the question of which promises count as commercial remains neglected. This Article argues that this question matters more than one might initially expect. Once we understand commerciality in terms of commodificationroughly, treating something as subject to market norms-surprising recommendations for reform follow. First, if contract law should enforce commodified promises, we should demote the consideration doctrine to a presumption of enforceability rather than a formal requirement. Second, we should adopt a rule, contrary to current doctrine in most jurisdictions in the United States, …