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International Commercial Surrogacy And Its Parties, Margaret Ryznar
International Commercial Surrogacy And Its Parties, Margaret Ryznar
Margaret Ryznar
When discussing international commercial surrogacy, it is essential to remember that at the heart of this market are women and children, which requires an in-depth analysis of the issues that implicate these parties to a commercial surrogacy. In undertaking such an analysis, this Article considers the rights, interests, and obligations of these parties to a surrogacy, as well as the various opportunity costs of international commercial surrogacy. This framework is particularly relevant today as India, an international surrogacy hotspot for American couples, begins to legislate on the subject, and relatedly, as American states continue to grapple with issues regarding surrogacy.
The Legal Treatment Of Cohabitation In Poland And The United States, Margaret Ryznar, Anna Stępień-Sporek
The Legal Treatment Of Cohabitation In Poland And The United States, Margaret Ryznar, Anna Stępień-Sporek
Margaret Ryznar
The increasing popularity of cohabitation, as manifested in the recent American and Polish censuses, has introduced various issues to the courts and legislatures in each country—among the most important being the protection of cohabitants after an unsuccessful cohabitation. However, neither country has recognized a comprehensive law on cohabitation, instead permitting cohabitation agreements and unjust enrichment theories to govern the termination of the cohabitation. Many issues, furthermore, are treated collaterally by the law through, for example, paternity laws. Although there are certain disadvantages to such an approach to cohabitation, these shortfalls need to be balanced against the consequences of the increased …
The Pursuit Of Life, Liberty, Happiness…And Fairness? Property Division In American And English Big Money Divorce Cases, Margaret Ryznar
The Pursuit Of Life, Liberty, Happiness…And Fairness? Property Division In American And English Big Money Divorce Cases, Margaret Ryznar
Margaret Ryznar
Eyebrows have recently arched not only at the high sums involved in big money divorce cases, but also at the amount of ink spilled on this relatively small subset of divorce cases. Yet, it is precisely in big money cases that fairness acquires substantial haziness. Is it fair for a high-wage earner to pay an ex-spouse half of his future profits? Or, would it be fairer for the ex-spouse to be awarded less than half, but still receive millions of dollars? Such questions are particularly acute in short marriages or when one spouse is at fault for the divorce. Courts …
Adult Rights As The Achilles’ Heel Of The Best Interests Standard: Lessons In Family Law From Across The Pond, Margaret Ryznar
Adult Rights As The Achilles’ Heel Of The Best Interests Standard: Lessons In Family Law From Across The Pond, Margaret Ryznar
Margaret Ryznar
Family law litigants have long searched for permutations of constitutional principles that gain access to federal courts. Typically, such litigants have been most successful with due process and equal protection arguments—even at the expense of the venerable “best interests of the child” standard in child-related cases. One legal system currently wrestling with this familiar clash between the interests of children and adults is that of England—where adults are armed with the rights granted by the Human Rights Act 1998, while children’s interests are given preference in an earlier act, the Children Act 1989. England’s strategy in dealing with this conflict …