From Baby M To Baby M(Anji): Regulating International Surrogacy Agreements, 2016 SelectedWorks
From Baby M To Baby M(Anji): Regulating International Surrogacy Agreements, Yehezkel 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, 2016 SelectedWorks
Bridging The Gap Between Intent And Status: A New Framework For Modern Parentage, Yehezkel 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 ...
Whose Fault Is It Anyway?: Analyzing The Role “Fault” Plays In The Division Of Premarital Property If Marriage Does Not Ensue, 2015 The Catholic University of America, Columbus School of Law
Whose Fault Is It Anyway?: Analyzing The Role “Fault” Plays In The Division Of Premarital Property If Marriage Does Not Ensue, Arielle L. Murphy
Catholic University Law Review
Whenever an engagement comes to a premature end, the first question that seems to be asked is: “who gets the engagement ring?” This Comment seeks to answer this question. As societal views regarding marriage and a woman’s role within it began to change in the mid-twentieth century, courts started to recognize engagement rings as conditional gifts that were conditioned upon the marriage actually occurring. Even with this framework, states remain divided on whether fault should be included as part of the analysis in determining which party is entitled to the ring if an engagement ends before marriage occurs. This ...
Divorcing Into Debt: How Bankruptcy Abuse Prevention And Consumer Protection Act Created A New Class Member In America's Debtors' Prisons, Bobby A. Lean Jr.
Bobby A Lean Jr.
This paper takes a look into BAPCPA and how 11 U.S.C. § 523(a)(15) of the bankruptcy code creates a debtors' prison. It then compares the Florida courts and the Ohio courts and how creditors can use this section to potentially jail their debtors. Using policy analysis the paper turns to possible solutions and the cost there of.
The Law's Duty To Promote The Kinship System: Implications For Assisted Reproductive Techniques And For Proposed Redefinitions Of Familial Relations, Scott T. Fitzgibbon
Boston College Law School Faculty Papers
Kinship relations, in our society and in most, are organized systematically. That is to say, each kinship connection is constructed, conducted, and considered, not in isolation but by reference to the others. Your uncle is your father’s brother, in just about the same way as your own sibling is your brother and your children are one another’s brothers and sisters. Your spouse is the mother or father of your children, in just about the same way as your mother and father are your parents and the parents of your siblings. One’s beliefs and expectations about what each ...
Deconstructing Infanticide, 2015 University of Ottawa
Deconstructing Infanticide, Eric Vallillee
Western Journal of Legal Studies
The offence of infanticide is allegedly based in debunked and sexist ideas about women and pregnancy. This article demonstrates that this offence is both necessary and beneficial regardless of its alleged basis. This article outlines the elements of infanticide and examines the legislative history from Medieval England to its adoption in Canada before discussing contemporary discourses on infanticide with a particular focus on the application of modern medical science. This work argues there are two issues with the current offence: (1) the requirement of a “disturbed mind” in the accused resulting from childbirth or lactation; and (2) the lack of ...
Conciliare Vita E Lavoro. Verso Un Welfare Plurale, 2015 Tor Vergata University
Conciliare Vita E Lavoro. Verso Un Welfare Plurale, Michele Faioli
La ricerca è volta a analizzare gli schemi di welfare privato nella dinamica della conciliazione vita/lavoro, mettendo in rilievo alcune inefficienze del sistema italiano, a livello pubblico nazionale e regionale. Anche mediante la comparazione con altri paesi europei, il team di ricerca propone la costituzione di un fondo bilaterale nazionale per l'erogazione di welfare privato in attuazione di modelli di conciliazione vita/lavoro (cd. FOPAC)
Concubinage And Union Libre: A Historical Comparison Of The Rights Of Unwed Cohabitants In Wrongful Death Actions In France And Louisiana, 2015 McGeorge School of Law at the Salzburg Institute of International Law
Concubinage And Union Libre: A Historical Comparison Of The Rights Of Unwed Cohabitants In Wrongful Death Actions In France And Louisiana, Robert F. Taylor
Georgia Journal of International & Comparative Law
No abstract provided.
The Property Rights Of Spouses Cohabiting Without Marriage In Israel - A Comparative Commentary, 2015 Tel-Aviv University
The Property Rights Of Spouses Cohabiting Without Marriage In Israel - A Comparative Commentary, Menashe Shava
Georgia Journal of International & Comparative Law
No abstract provided.
Federalism And Family Status, 2015 University of California, Davis
Federalism And Family Status, Courtney G. Joslin
Indiana Law Journal
The myth of family law’s inherent localism is sticky. In the past, it was common to hear sweeping claims about the exclusively local nature of all family matters. In response to persuasive critiques, a narrower iteration of family law localism emerged. The new, refined version acknowledges the existence of some federal family law but contends that certain “core” family law matters—specifically, family status determinations—are inherently local. I call this family status localism. Proponents of family status localism rely on history, asserting that the federal government has always deferred to state family status determinations. Family status localism made ...
The Kids Are Not All Right: Using The Best Interest Standard To Prevent Parental Alienation And A Therapeutic Intervention Approach To Provide Relief, Kelly Schwartz
Boston College Law Review
Parental alienation, when one parent engages in behaviors to turn a child against the other parent, is a serious problem. Such behavior can manifest following a parents’ divorce or separation and can have long-lasting and damaging effects on children. Although both family law and tort law offer various remedies for parental alienation, this Note argues that parental alienation is best handled through family law. Accordingly, the best interest of the child standard should be modified to include parental alienation to prevent it from occurring in the first place. Additionally, courts should utilize the therapeutic intervention approach to mitigate the harms ...
Summary Of Bluestein V. Bluestein, 131 Nev. Adv. Op. 14 (Mar. 26, 2015), 2015 Nevada Law Journal
Summary Of Bluestein V. Bluestein, 131 Nev. Adv. Op. 14 (Mar. 26, 2015), Ashleigh Wise
Nevada Supreme Court Summaries
The Court held a district court has the authority to review and modify a custodial agreement once either party makes a modification request. When modifying a custodial agreement, however, the district court must primarily look for the child’s best interest.
Women Made Whole: How Tort Law Can Change The Lives Of Domestic Violence And Sexual Assault Victims, 2015 University of Pittsburgh - Main Campus
Women Made Whole: How Tort Law Can Change The Lives Of Domestic Violence And Sexual Assault Victims, Sara L. Crewson
Sara L Crewson
Tort law and insurance companies are failing to provide female domestic violence victims with adequate access to civil courts, proper legal mechanisms with which to gain that access, and are far behind the times when compared to other gender-linked crimes like those of rape and sexual assault. The Restatement of Torts (Third) has classified domestic violence as an intentional tort, and most insurance policies will not provide coverage for harms that were committed intentionally. Certain homeowners' insurance policies won't provide coverage if a spouse tries to sue another spouse for harms committed, leaving vulnerable wives unable to seek compensation ...
Scholars Of The Constitutional Rights Of Children (Amici Curiae), 2015 Georgia State University College of Law
Scholars Of The Constitutional Rights Of Children (Amici Curiae), Tanya M. Washington
Tanya Monique Washington
My co-authors and I filed an amicus brief with the U.S. Supreme Court in Obergefell v. Hodges last month. Our first co-authored amicus brief was filed with the Supreme Court in U.S. Windsor in 2013, and it was cited by the Respondents in their brief to the Court. The Defense of Marriage Act's harmful impact on children in same-sex families was the focus of that brief, and the Court acknowledged those harms as relevant to its analysis of DOMA's constitutionality. Our brief was published in the Iowa Journal of Gender, Race and Justice.
In our amicus ...
The Inevitability Of Discretion: What Proponents Of Parenting Time Guidelines Can Learn From Thirty Years Of Federal Sentencing Guidelines, 2015 Faulkner University School of Law
The Inevitability Of Discretion: What Proponents Of Parenting Time Guidelines Can Learn From Thirty Years Of Federal Sentencing Guidelines, Joi T. Montiel
Joi T Montiel
For decades, the prevailing standard for a judge making a decision regarding parenting time has been “the best interest of the child.” Because the high degree of discretion afforded to a trial court by the best interest standard may render inconsistent and unpredictable results, the standard has been widely criticized. In the past half century, federal sentencing has undergone similar scrutiny. The Federal Sentencing Guidelines—“the most controversial and disliked sentencing reform initiative in U.S. history”—have substantially curtailed judicial discretion in an effort to ensure uniformity in sentencing.
Several states have explored limiting judicial discretion in the area ...
Equitable Tolling Denied: Uniform Standard Breaks Abuser’S Control Within Domestic Violence, 2015 University of Missouri School of Law
Equitable Tolling Denied: Uniform Standard Breaks Abuser’S Control Within Domestic Violence, Laura E. Petkovich
Laura E Petkovich
No abstract provided.
Avoiding Juvenile Actions For Youth At Risk, 2015 Birmingham City Schools, Birmingham, AL
Avoiding Juvenile Actions For Youth At Risk, Wanda L. Ward J. D.
National Youth-At-Risk Conference Savannah
Targeted Audience: Classroom Teachers, School Administrators, Counselors, Social Workers, Behavior Specialists, & Juvenile Probation Officers (JPO)
Brief Description: In this session participants will learn strategies that build trust and mutual respect necessary to establish and maintain positive school and community participation for students who may be at risk of dropping out of school and being caught up in the juvenile court system. Participants will learn techniques that can be used immediately for improving student’s attitudes and behavior.
Crying Wolf: The Use Of False Accusations Of Abuse To Influence Child Custodianship And A Proposal To Protect The Innocent, 2015 West Virginia University
Crying Wolf: The Use Of False Accusations Of Abuse To Influence Child Custodianship And A Proposal To Protect The Innocent, Robert W. Kerns Jr
Robert W Kerns JR
A false accusation of child abuse is one of the gravest offenses one can allege against a parent. In our society there exists a bright line standard that if a child is abused, the law steps in to shield the child from the attacker; but what happens when our legal system is manipulated so as to trick a court into protecting a child from an innocent parent? The welfare of a child cannot be recognized when he or she is fractioned from a qualified parent because an opposing parent cried wolf, and knowingly made false accusations against the other of ...
For Men Only: A Gap In The Rules Makes Sex Discrimination In The Client Selection Process Ethical, 2015 Nova Southeastern University - Shepard Broad Law Center
For Men Only: A Gap In The Rules Makes Sex Discrimination In The Client Selection Process Ethical, Michele N. Struffolino
Michele N Struffolino
For Men Only: A Gap in the Rules Makes Sex Discrimination in the Client Selection Process Ethical
By Professor Michele N. Struffolino
The billboard states: “Divorce: Men Only.” The reaction is one of confusion. Something just does not seem right. Isn’t this discrimination? Is the system willing to allow this message because the need to protect men’s rights in divorce outweighs the systemic and societal harms associated with the message?
Although this article focuses on the ethical issues associated with firms that exclude women from the pool of potential divorce clients, the existence of women only ...
Trends In The Efficacy Of Parental Alienation Allegations In Child Custody Cases And Their Implications For Tortious Action, 2015 Lincoln Memorial University, Duncan School of Law
Trends In The Efficacy Of Parental Alienation Allegations In Child Custody Cases And Their Implications For Tortious Action, Bruce L. Beverly
Bruce L. Beverly
As the second of a series, this paper attempts to further explore the phenomenon of parental alienation in domestic relations cases by exploring the often frustrating position that many courts take with regard to blatant and obvious violations of the fundamental rights of parents to raise and know their children. Ofttimes, where courts have found the most blatant interference and harmful manipulation by one parent of the other parent's formerly close relationship with a child, the court either forces a detrimentally aligned child into the custody of the wrongfully vilified parent, thereby harming possible the child and that injured ...