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Open Access. Powered by Scholars. Published by Universities.®

2010

Comparative Law

Margaret Ryznar

Articles 1 - 3 of 3

Full-Text Articles in Law

International Commercial Surrogacy And Its Parties, Margaret Ryznar Jan 2010

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 Jan 2010

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 …


All’S Fair In Love And War: But What About In Divorce? The Fairness Of Property Division In American And English Big Money Divorce Cases, Margaret Ryznar Dec 2009

All’S Fair In Love And War: But What About In Divorce? The Fairness Of 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, wherein judges have discretion over resources that significantly exceed the needs of the parties, that fairness acquires substantial haziness. The question of fairness is particularly acute in short marriages, as well as when one spouse is at fault for the divorce or when one spouse contributes extraordinarily to the marriage. Courts in both England and the United States have been …