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From Baby M To Baby M(Anji): Regulating International Surrogacy Agreements, yehezkel Margalit 2016 SelectedWorks

From Baby M To Baby M(Anji): Regulating International Surrogacy Agreements, Yehezkel Margalit

Hezi Margalit

In 1985, when Kim Cotton became Britain’s first commercial surrogate mother, Europe was exposed to the issue of surrogacy for the first time on a large scale. Three years later, in 1988, the famous case of Baby M drew the attention of the American public to surrogacy as well. These two cases implicated fundamental ethical and legal issues regarding domestic surrogacy and triggered a fierce debate about motherhood, child-bearing, and the relationship between procreation, science and commerce. These two cases exemplified the debate regarding domestic surrogacy - a debate that has now been raging for decades. Contrary to the well-known ...


Bridging The Gap Between Intent And Status: A New Framework For Modern Parentage, yehezkel Margalit 2016 SelectedWorks

Bridging The Gap Between Intent And Status: A New Framework For Modern Parentage, Yehezkel Margalit

Hezi Margalit

The last few decades have witnessed dramatic changes in the conceptualization and methodologies of determining legal parentage in the U.S. and other countries in the western world. Through various sociological shifts, growing social openness and bio-medical innovations, the traditional definitions of family and parenthood have been dramatically transformed. This transformation has led to an acute and urgent need for legal and social frameworks to regulate the process of determining legal parentage. Moreover, instead of progressing in a piecemeal, ad-hoc manner, the framework for determining legal parentage should be comprehensive. Only a comprehensive solution will address the differing needs of ...


Inside The Caucus: An Empirical Analysis Of Mediation From Within, Daniel M. Klerman, Lisa Klerman 2015 USC Law School

Inside The Caucus: An Empirical Analysis Of Mediation From Within, Daniel M. Klerman, Lisa Klerman

University of Southern California Legal Studies Working Paper Series

This article provides a glimpse into the worlds of mediation and settlement negotiation. Because they are almost always private, there has been relatively little empirical analysis of the dynamics of settlement or mediation. This article analyzes a unique data set derived from a mediator’s contemporaneous notes of mediations involving employment disputes, such as claims of discrimination or wrongful termination. Although the data set includes over four hundred cases, since they were all mediated by a single mediator, this article can be viewed as a case study. Among the most interesting facts uncovered by this analysis are the following. Mediation ...


Sports Scandals From The Top-Down: Comparative Analysis Of Management, Owner, And Athlete Discipline In The Nfl & Nba, Jaimie K. McFarlin, Joshua S.E. Lee 2015 Harvard University

Sports Scandals From The Top-Down: Comparative Analysis Of Management, Owner, And Athlete Discipline In The Nfl & Nba, Jaimie K. Mcfarlin, Joshua S.E. Lee

Jaimie K. McFarlin

This article serves to discuss the current landscape of professional sports discipline and commissioner power in the NFL & NBA, specifically understanding the discipline of management and ownership in the major leagues as compared to player discipline when franchise ownership interests and commissioner power conflict. Furthermore, these particular events illuminate the differences between discipline in professional sports and non-sports contexts.


Agenda: Innovations In Managing Western Water: New Approaches For Balancing Environmental, Social, And Economic Outcomes, University of Colorado Boulder. Getches-Wilkinson Center for Natural Resources, Energy, and the Environment 2015 University of Colorado Law School

Agenda: Innovations In Managing Western Water: New Approaches For Balancing Environmental, Social, And Economic Outcomes, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment

Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)

Many aspects of western water allocation and management are the product of independent and uncoordinated actions, several occurring a century or more ago. However, in this modern era of water scarcity, it is increasingly acknowledged that more coordinated and deliberate decision-making is necessary for effectively balancing environmental, social, and economic objectives. In recent years, a variety of forums, processes, and tools have emerged to better manage the connections between regions, sectors, and publics linked by shared water systems. In this event, we explore the cutting edge efforts, the latest points of contention, and the opportunities for further progress.


Deliberative Engagement Within The World Trade Organization: A Functional Substitute For Authoritative Interpretations, Cosette D. Creamer, Zuzann Godzimirska 2015 Harvard University

Deliberative Engagement Within The World Trade Organization: A Functional Substitute For Authoritative Interpretations, Cosette D. Creamer, Zuzann Godzimirska

Cosette D Creamer

The transition from the General Agreement on Tariffs and Trade dispute settlement proceedings to the Dispute Settlement Mechanism (DSM) of the World Trade Organization represented a notable instance of judicialization within international economic governance, in that it significantly increased the independence of the DSM from direct government control. Since they began ruling on trade conflicts in 1995, the WTO’s adjudicative bodies have enjoyed a greater degree of interpretive autonomy than initially intended by states parties. This development largely stems from deadlock within the political organs of the Organization resulting in non-use of one of the primary means of legislative ...


Piercing The Veil Of Public Policy In The Recognition And Enforcement Of Foreign-Related Awards In China, Xiaochuan Han, Haoqian Chen 2015 SelectedWorks

Piercing The Veil Of Public Policy In The Recognition And Enforcement Of Foreign-Related Awards In China, Xiaochuan Han, Haoqian Chen

Haoqian Chen

No abstract provided.


Natural Disasters, Nuclear Disasters, And Global Governance, Eric Feldman, Chelsea Fish 2015 University of Pennsylvania Law School

Natural Disasters, Nuclear Disasters, And Global Governance, Eric Feldman, Chelsea Fish

Faculty Scholarship

This chapter uses the analytical framework of transnational legal ordering (TLO) developed by Halliday and Shaffer and applies it to the area of law and disasters. In contrast to the increasingly transnational legal nature of social ordering highlighted by Halliday and Shaffer, it argues that the emergence of transnational regulatory networks and cross-border principles or policies in the area of disaster management has been uneven and incomplete. Although there are many factors that help to explain why the law/disasters area has resisted the trend toward “transnationalization,” two stand out. One is the relative dearth of national laws and policies ...


Justice And Investment Arbitration, Perry S. Bechky 2015 International Trade & Investment Law PLLC

Justice And Investment Arbitration, Perry S. Bechky

Perry S. Bechky

Investment arbitration is rife with questions about justice. For example: Is it just to allow foreign investors to bring arbitral claims against states – especially when neither domestic investors nor persons other than investors aggrieved by state actions have any comparable access to arbitration? Do investment tribunals do justice between the parties? Do investment tribunals do justice to nonparties and, especially, the public interest? Are the particular forms and procedures of investment arbitration just?

This talk argues that investment arbitration affords a valuable mechanism for access to justice in a world of often-imperfect national courts. Nevertheless, investment arbitration is open to ...


Foreign Investment In The People's Republic Of China: Compensation Trade, Joint Ventures, Industrial Property Protection And Dispute Settlement, Kevin K. Maher 2015 University of Georgia School of Law

Foreign Investment In The People's Republic Of China: Compensation Trade, Joint Ventures, Industrial Property Protection And Dispute Settlement, Kevin K. Maher

Georgia Journal of International & Comparative Law

No abstract provided.


Preclusion Of Remedies Under Article 16(3) Of The Uncitral Model Law, Nata Ghibradze 2015 Pace University

Preclusion Of Remedies Under Article 16(3) Of The Uncitral Model Law, Nata Ghibradze

Pace International Law Review

In search of actual consequences of (mis)use of the available remedies, Chapter II of the foregoing article starts by exploring whether the Model Law implies “choice of remedies” policy by examining its travaux préparatoires (hereinafter “travaux”). It also seeks to determine existence of “alternative system of defences” at cross-border level between remedies at the seat of arbitration and in the enforcement country. Chapter III engages in a determination of general framework of preclusions under the Model Law by analyzing specific provisions such as Article 4, 13 and 16(2).

Chapter IV, by analyzing the travaux, determines the primary purpose ...


Is The Albert H Kritzer Database Telling Us More Than We Know?, Thomas Neumann 2015 Aarhus University, School of Business and Social Sciences

Is The Albert H Kritzer Database Telling Us More Than We Know?, Thomas Neumann

Pace International Law Review

This article is the first in a series of articles attempting to provide a geographical and temporal overview of the application practice of the United Nations Convention on Contracts for the International Sale of Goods (CISG). In this first article, the success of CISG is explored. The article develops the idea of using the Albert H. Kritzer Database to achieve an overview of the success of the Convention in practice. It is argued that the success of the Convention is useful to measure by its uniformity in practice, and therefore a set of criteria relating to the Convention’s application ...


Criminal Responsibility For Arbitrators In Chinese Law: Perversion Of Law In Commercial Arbitration, Duan Xiaosong 2015 Southwest University (China)

Criminal Responsibility For Arbitrators In Chinese Law: Perversion Of Law In Commercial Arbitration, Duan Xiaosong

Pace International Law Review

This article is prompted by a recent Chinese criminal provision governing the impartiality of arbitration. The goals of the article fare to critically examine the new criminal statute created by the provision and to put forward some proposals for reform, which could be employed to resolve the tension that exists between arbitrator impartiality and deference to arbitration. Although the new provision appears to eliminate the abuse of arbitral power, it may raise more questions than it resolves. This article explores the problems and undertakes a comparative analysis of the corresponding U.S. provision, as well as an analysis of some ...


Settling The Long War: Alternative Dispute Resolution And The War On Terror, Matthew P. Chiarello 2015 College of William & Mary Law School

Settling The Long War: Alternative Dispute Resolution And The War On Terror, Matthew P. Chiarello

William & Mary Law Review

No abstract provided.


Innovation Paper: Improving Timeliness In The Justice System, Australian Centre for Justice Innovation (ACJI) 2015 Australian Centre for Justice Innovation

Innovation Paper: Improving Timeliness In The Justice System, Australian Centre For Justice Innovation (Acji)

Timeliness in the Justice System: Ideas and Innovations

In Australia and elsewhere, concerns have been expressed for many years that it can take too long to deal with disputes in the justice system. Numerous strategies have been introduced to address these concerns and reduce delay, including the use of more effective technologies; effecting cultural change that imposes obligations on courts, litigants and others to support more timely finalisation of disputes; better management of cases and disputes; promoting earlier dispute resolution through the use of alternative dispute resolution (ADR); and reconfiguring the roles of those within the justice system as well as imposing decreasing incentives that may operate to ...


Conflict Of Laws In Arbitration Agreements Between Developed And Developing Countries, Mary Kathryn Lynch 2015 University of Georgia School of Law

Conflict Of Laws In Arbitration Agreements Between Developed And Developing Countries, Mary Kathryn Lynch

Georgia Journal of International & Comparative Law

No abstract provided.


The Recognition And Enforcement Of Foreign Country Judgments And Arbitral Awards: A North-South Perspective, Michael Quilling 2015 University of Georgia School of Law

The Recognition And Enforcement Of Foreign Country Judgments And Arbitral Awards: A North-South Perspective, Michael Quilling

Georgia Journal of International & Comparative Law

No abstract provided.


Symposium - Conflicts Of Law In Contracts Between Developed And Developing Nations, Gabriel M. Wilner 2015 University of Georgia School of Law

Symposium - Conflicts Of Law In Contracts Between Developed And Developing Nations, Gabriel M. Wilner

Georgia Journal of International & Comparative Law

No abstract provided.


The Cape Town Convention’S Improbable-But-Possible Progeny Part Two: Bilateral Investment Treaty-Like Enforcement Mechanism, Charles W. Mooney Jr. 2015 University of Pennsylvania Law School

The Cape Town Convention’S Improbable-But-Possible Progeny Part Two: Bilateral Investment Treaty-Like Enforcement Mechanism, Charles W. Mooney Jr.

Faculty Scholarship

This Essay is Part Two of a two-part essay series that outlines and evaluates two possible future international instruments. Each instrument draws substantial inspiration from the Cape Town Convention and its Aircraft Protocol (together, the “Convention”). The Convention governs the secured financing and leasing of large commercial aircraft, aircraft engines, and helicopters. It entered into force in 2006. It has been adopted by sixty-six Contracting States (fifty-eight of which have adopted the Aircraft Protocol), including the U.S., China, the E.U., India, Ireland, Luxembourg, Russia, and South Africa.

This Part of the Essay explores whether an investor-state dispute settlement ...


Unbundling Procedure: Carve-Outs From Arbitration Clauses, Christopher R. Drahozal, Erin O'Hara O'Connor 2015 University of Florida Levin College of Law

Unbundling Procedure: Carve-Outs From Arbitration Clauses, Christopher R. Drahozal, Erin O'Hara O'Connor

Florida Law Review

A rich literature analyzes how parties choose between courts and arbitration. Within this literature, scholars traditionally assume that sophisticated parties make a single choice between courts and arbitration based on the bundle of dispute resolution services that seems most appealing ex ante. As with the literature on bundling generally, however, legal scholars are increasingly focusing their attention on the unbundling of court and arbitral procedures—that is, the ability of parties to contract for à la carte or customized dispute resolution procedures in court and arbitration. While such unbundling is common ex post, i.e., after a dispute arises, most ...


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