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- Male guardianship; Saudi Arabia; Mohammed bin Salman al Saud; MbS; women; women’s rights; absolute monarchy; authoritarian government; human rights abuses; silenced activists; discrimination in legal system; geopolitical dynamics; geopolitics; Middle East. (1)
- Parental rights; Biological parents; Nonbiological parents; Adoption; Adoptive parents; Adoption law; Marriage equality; Same-sex marriage; Same-sex parents; Primary caregiver; Preconception agreements; Child welfare; Juvenile law; New York State; New York Court of Appeals (1)
- Parental rights; Parenthood; Parental bond; Adoption; Adoption law; Inheritance; Inheritance law; Minors; Rights of minors; Minors' rights; Termination; Child welfare; Juvenile law (1)
- Protection for Children Born Through Assisted Reproductive Technologies Act (1)
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Articles 1 - 10 of 10
Full-Text Articles in Legislation
Freedom On Paper: Reforms To Women’S Rights In Saudi Arabia Will Not Be Effective Until Male Guardianship Is Abolished, Mackenzie Kramer
Freedom On Paper: Reforms To Women’S Rights In Saudi Arabia Will Not Be Effective Until Male Guardianship Is Abolished, Mackenzie Kramer
Brooklyn Journal of International Law
Male guardianship, a societal custom derived from Islamic law, renders women in Saudi Arabia second class citizens. The country’s preservation of male guardianship has broken its agreement to adhere to the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), the leading international women’s rights treaty. Throughout the past decade the country’s Crown Prince, Mohammed bin Salman al Saud (“MbS”), has issued rulings that work to slowly dismantle the apparatus of male guardianship. These developments have been both meaningful and restrained; MbS attempts to tread lightly into human rights reforms to garner the support of western allies, …
Battling Baby Brokers: A Comparative Analysis Of The United States’ Versus Europe’S Adoption Policies, Amanda P. Gonzales
Battling Baby Brokers: A Comparative Analysis Of The United States’ Versus Europe’S Adoption Policies, Amanda P. Gonzales
Brooklyn Journal of International Law
Child adoption involves the permanent transfer of parental rights from a child’s biological or legal parents to another party. Parties in the Unites States (US) have engaged in this process in various forms for centuries. Today, over one hundred thousand children are adopted by American families each year. Many of these adoptions take place privately through agencies. An agency assists in the process of matching prospective adoptive parents with birth parents from whom they will adopt a child. In exchange for this assistance, the prospective adoptive parents pay tens of thousands of dollars in fees and expenses to the agency …
The New York Court Of Appeals' Expansion Of The Definition Of The Term “Parent” Leaves Future Questions Unanswered, Ilana Sharan
The New York Court Of Appeals' Expansion Of The Definition Of The Term “Parent” Leaves Future Questions Unanswered, Ilana Sharan
Journal of Law and Policy
On August 30, 2016, the New York Court of Appeals in Brooke S.B. v. Elizabeth A.C.C., expanded the definition of the term “parent,” overruling the twenty-five-year-old bright line rule that limited standing to seek custody or visitation to traditional parents. In 1991, the New York Court of Appeals decided Alison D. v. Virginia M. where they defined “parent” to include only people who have a biological or adoptive relationship with the child, reasoning that the typical family consisted of a husband and wife. In many cases subsequent to Alison D., the court attempted to alleviate the harsh application this rule …
Cutting Off The Umbilical Cord–Reflections On The Possibility To Sever The Parental Bond, Tali Marcus
Cutting Off The Umbilical Cord–Reflections On The Possibility To Sever The Parental Bond, Tali Marcus
Journal of Law and Policy
Parenthood is a status comprising exclusivity relating to the rights and responsibilities concerning the child. The rights and obligations imbued in the parental status are evident first and foremost during the child’s minority. Nonetheless, the status has legal meaning and implications that extend beyond the child’s minority and carry on throughout adulthood. By defining parenthood and assigning parental status, the law establishes legal as well as social responsibility towards the child and a bond for life. This article questions the eternal aspect of parenthood and aspires to initiate discussion pertaining to the social and legal conventions that pose parenthood as …
Beyond Walls And Fences: Exploring The Legal Geography Of Gated Communities In Mixed Spaces, Manal Totry-Jubran
Beyond Walls And Fences: Exploring The Legal Geography Of Gated Communities In Mixed Spaces, Manal Totry-Jubran
Journal of Law and Policy
In the last three decades, a new type of physical seclusion has appeared around the world: the gating and walling of urban and suburban spatial residences. This phenomenon, led mainly by dominant socio-economic groups, is referred to as “gated communities.” This article focuses on the legal challenges that gated communities raise in ethnocratic societies that share a legacy of segregation and of unequal distribution of land. The main argument is that, due to this legacy, the legality of gated communities and walls that separate communities generate legal debates that goes beyond classic legal claims of rights violations of non-residents of …
Beyond Walls And Fences: Exploring The Legal Geography Of Gated Communities In Mixed Spaces, Manal Totry-Jubran
Beyond Walls And Fences: Exploring The Legal Geography Of Gated Communities In Mixed Spaces, Manal Totry-Jubran
Journal of Law and Policy
In the last three decades, a new type of physical seclusion has appeared around the world: the gating and walling of urban and suburban spatial residences. This phenomenon, led mainly by dominant socio-economic groups, is referred to as “gated communities.” This article focuses on the legal challenges that gated communities raise in ethnocratic societies that share a legacy of segregation and of unequal distribution of land. The main argument is that, due to this legacy, the legality of gated communities and walls that separate communities generate legal debates that goes beyond classic legal claims of rights violations of non-residents of …
Thailand's Ban On Commercial Surrogacy: Why Thailand Should Regulate, Not Attempt To Eradicate, Allison L. Zimmerman
Thailand's Ban On Commercial Surrogacy: Why Thailand Should Regulate, Not Attempt To Eradicate, Allison L. Zimmerman
Brooklyn Journal of International Law
International commercial surrogacy is when a person or couple from one country hires a surrogate in a different country. In recent years, this form of reproductive tourism has been a booming industry in Thailand due to the lack of meaningful regulation, relatively low cost, and unavailability in other countries. After a string of scandals involving Thai surrogacy arrangements arose, however, the Thai government enacted the Protection for Children Born Through Assisted Reproductive Technologies Act (the “ART Act”), prohibiting Thai commercial surrogacy from serving foreign clients, and only allowing Thai heterosexual couples to make use of surrogacy arrangements. As a result, …
Subverting The Marriage-Amendment Crusade With Law And Policy Reform, Anita Bernstein
Subverting The Marriage-Amendment Crusade With Law And Policy Reform, Anita Bernstein
Faculty Scholarship
No abstract provided.
For And Against Marriage: A Revision., Anita Bernstein
For And Against Marriage: A Revision., Anita Bernstein
Faculty Scholarship
No abstract provided.
Surrogate Parenting: What Should Legislatures Do?, Marsha Garrison
Surrogate Parenting: What Should Legislatures Do?, Marsha Garrison
Faculty Scholarship
No abstract provided.