Law Commons^™

Commercial Surrogacy: Is Regulation Necessary To Manage The Industry?, Cara M. Luckey

Cara M Luckey

This paper discusses legal and ethical issues involved with commercial surrogacy both within the United States and Internationally. Inconsistencies in laws create an increased potential for the exploitation of the parties involved in a surrogacy agreement. The validity of contracts varies between states and certain countries that allow surrogacy do not adequately protect the surrogate mothers. As this field of Assisted Reproductive Technology becomes more prevalent, the need for effective regulation of commercial surrogacy is essential.

Case Note: Nabozny V. Podlesny, William B. Turner

William B Turner

This case note describes and provides context for the 1996 opinion in Nabozny v. Podlesny, in which the Seventh Circuit Court of Appeals reversed a district judge's grant of summary judgment to defendants in a suit by a former student who complained of years of severe bullying and harassment by his peers because of his sexual orientation, which school administrators persistently failed to take steps to stop.

The Wisdom Of Solomon: Why We Can't Split The Pre-Embryo, Bridget M. Fuselier

Bridget M Fuselier

Due to the fact that there are at least 500,000 cryo-preserved pre-embryos and a very small amount of common law or statutes to provide guidance, legislators need to act and take steps to guide the people impacted by these problems.

This article promotes modifications to property concepts that protects the special dignity of the pre-embryo while also recognizing the autonomy of the individual gamete providers. The article proposes a form of ownership that would prevent the pre-embryos from passing through wills and by intestate succession. It would also eliminate the possibility of ending up with a multitude of owners for …

Judge Harold Baer's Quixotic Crusade For Class Counsel Diversity, Michael H. Hurwitz

Michael H Hurwitz

In this comment, the author discusses the recent rulings of U.S. District Court Judge Harold Baer, Jr. directing that proposed class counsel provide evidence of its racial and gender diversity. After summarizing the provisions of Rule 23(g) of the Federal Rules of Civil Procedure that govern the appointment of class counsel, the author analyzes Judge Baer’s rulings in light of Rule 23(g)’s requirements. The author concludes that Judge Baer’s rulings are inconsistent with the Rule’s requirements and, instead, represent the judge’s effort to impose his own policy views over the interests of the class members served by the Rule’s narrow …