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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 ...


The High Price Of Poverty: A Study Of How The Majority Of Current Court System Procedures For Collecting Court Costs And Fees, As Well As Fines, Have Failed To Adhere To Established Precedent And The Constitutional Guarantees They Advocate., Trevor J. Calligan 2015 St. Mary's School of Law, Texas

The High Price Of Poverty: A Study Of How The Majority Of Current Court System Procedures For Collecting Court Costs And Fees, As Well As Fines, Have Failed To Adhere To Established Precedent And The Constitutional Guarantees They Advocate., Trevor J. Calligan

Trevor J Calligan

No abstract provided.


"Mama's Baby, Papa's Maybe": Disestablishment Of Paternity, Vanessa S. Browne-Barbour 2015 South Texas College of Law

"Mama's Baby, Papa's Maybe": Disestablishment Of Paternity, Vanessa S. Browne-Barbour

Akron Law Review

No abstract provided.


Children’S Voices In Family Law Conflicts, Benedetta Faedi Duramy, Tali Gal 2015 Golden Gate University School of Law

Children’S Voices In Family Law Conflicts, Benedetta Faedi Duramy, Tali Gal

Publications

Children are commonly recognized as separate human beings with individual views and wishes worthy of consideration. Their ability to freely express these views and wishes constitutes the concept of child participation, defined by Article 12 of the United Nations Convention on the Rights of the Child as the right of children capable of forming their own views to be able to express themselves freely in all matters affecting their lives. Children should particularly be provided with the opportunity to be heard in any judicial and administrative proceedings pertaining to them, either directly or through appropriate representatives, and with necessary precautions ...


Intestacy Concerns For Same-Sex Couples: How Variations In State Law And Policy Affect Testimentary Wishes, Megan Moser 2015 Seattle University School of Law

Intestacy Concerns For Same-Sex Couples: How Variations In State Law And Policy Affect Testimentary Wishes, Megan Moser

Seattle University Law Review

As the number of same-sex couples increases in the United States, concerns regarding the evolution of federal and state law, with respect to rights for same-sex couples, also continue to rise. As marriage is not always available to same-sex couples, they often face very different legal issues than couples in a traditional marriage. Because marriage is typically not a legal cause of action, the question of a marriage’s validity often arises incidentally to another legal question, such as the disposition of a decedent’s estate.


Summary Of Beau Davis V. Andrea Ewalefo, 131 Nev. Adv. Op. 45 (July 02, 2015), Daven Cameron 2015 Nevada Law Journal

Summary Of Beau Davis V. Andrea Ewalefo, 131 Nev. Adv. Op. 45 (July 02, 2015), Daven Cameron

Nevada Supreme Court Summaries

On appeal from a child custody decree, the Court found the District Court did not have specific findings of fact to support the restriction of travel and visitation outside of the United States and its territories. The Court granted en banc reconsideration, reversed and remanded the case for further fact finding considerations concerning whether the minor child can safely travel overseas for parental visitation.


Holistic Pregnancy: Rejecting The Theory Of The Adversarial Mother, Rona Kaufman Kitchen 2015 Duquesne University School of Law

Holistic Pregnancy: Rejecting The Theory Of The Adversarial Mother, Rona Kaufman Kitchen

Rona Kaufman Kitchen

In its zealous effort to protect the lives and health of unborn children, the law frequently views the expecting mother with suspicion. In its most extreme form, the law regards the potential mother as a potential murderess. This perspective does not reflect the nature of pregnancy, it undermines the autonomy of loving mothers, and it is detrimental to children. Regardless of whether there is any conflict between mother and fetus, the State presumes the mother to be a threat to her fetus and subjugates her rights as a result. The State interferes with the mother’s autonomy, bodily integrity, parental ...


Newsroom: Dean Yelnosky On Same-Sex Marriage, Roger Williams University School of Law 2015 Roger Williams University

Newsroom: Dean Yelnosky On Same-Sex Marriage, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


La Doctrina De Los Actos Propios En La Variación De La Tenencia, Marco Andrei Torres Maldonado 2015 Universidad Nacional Mayor de San Marcos

La Doctrina De Los Actos Propios En La Variación De La Tenencia, Marco Andrei Torres Maldonado

Marco Andrei Torres Maldonado

No abstract provided.


Must Judges Follow Children’S Wishes Over Their Custody?, Benedetta Faedi Duramy 2015 Golden Gate University School of Law

Must Judges Follow Children’S Wishes Over Their Custody?, Benedetta Faedi Duramy

Publications

Across countries and jurisdictions, allowing children to voice their preferences in family disputes is beneficial for all parties involved. Judges find it useful to complement and corroborate facts and information of a case, parents learn how their children are coping with the current situation, and, finally, children end up being more satisfied with the process and adjusting better to the outcome. Giving children a say over their custody empowers them, fosters their sense of control, and contributes to their best interest. Those who are not invited to express their views, instead, become disappointed, frustrated and resentful.


Secession: The Contradicting Provisions Of The United Nations Charter – A Direct Threat To The Current World Order, N. Micheli Quadros 2015 Loyola Law School - Los Angeles

Secession: The Contradicting Provisions Of The United Nations Charter – A Direct Threat To The Current World Order, N. Micheli Quadros

N. Micheli Quadros

The preamble of the United Nations' Charter (hereinafter UN Charter) presents its members declaration under which justice and respect for international law and the international community is supposed to be maintained. To date, the United Nations (UN) has failed to ensure international peace by allowing powerful states to infringe upon other nations’ territorial integrity and manipulate individuals to exercise their right of self-determination.

Outdated, redundant and vague provisions that proved their inefficiency have plagued the UN Charter. Chapter I, Art 1 § 2 of the UN Charter, states that one of the main purpose of the UN is “to develop friendly ...


Summary Of Jennifer L. V. Eighth Jud. Dist. Ct., 131 Nev. Adv. Op. 30 (Jun. 04, 2015), Jaymes Orr 2015 Nevada Law Journal

Summary Of Jennifer L. V. Eighth Jud. Dist. Ct., 131 Nev. Adv. Op. 30 (Jun. 04, 2015), Jaymes Orr

Nevada Supreme Court Summaries

The Court held that, although a legal guardianship had been established, and a parent had neither legal nor physical custody of a child, parents are not relived of their parental duties to provide for the care, support, or maintenance of the child.


The Night Is Dark And Full Of . . . Family Law?: California Law And Marital Presumption In Game Of Thrones, Rebecca Rosen 2015 Pace University

The Night Is Dark And Full Of . . . Family Law?: California Law And Marital Presumption In Game Of Thrones, Rebecca Rosen

Pace Intellectual Property, Sports & Entertainment Law Forum

The television show Game of Thrones has developed a tremendous following in recent years. The show takes place primarily in the fictional state of Westeros, a feudal society that mirrors many of the legal structures of medieval England. As such, many of the laws and customs of Westeros seem antithetical to the beliefs and values of modern viewers. In an attempt to posit a more just outcome following the death of Westeros’ king (the action which springboards the primary power struggle), this Article applies California law to the disposition of King Robert’s property. Shockingly, this Article finds that California ...


Los Efectos De La Sentencia De Divorcio. La Protección Del Tercero De Buena Fe A Partir De Su Inscripción En El Registro Personal, Marco Andrei Torres Maldonado 2015 Universidad Nacional Mayor de San Marcos

Los Efectos De La Sentencia De Divorcio. La Protección Del Tercero De Buena Fe A Partir De Su Inscripción En El Registro Personal, Marco Andrei Torres Maldonado

Marco Andrei Torres Maldonado

No abstract provided.


When An Ex Can Take It All: The Effect—And Non-Effect—Of Revocation On A Will Post-Divorce, Molly Brimmer 2015 University of Maryland Francis King Carey School of Law

When An Ex Can Take It All: The Effect—And Non-Effect—Of Revocation On A Will Post-Divorce, Molly Brimmer

Maryland Law Review

No abstract provided.


Newsroom: Pbc: Safe Passage Through Guardianship, Roger Williams University School of Law 2015 Roger Williams University

Newsroom: Pbc: Safe Passage Through Guardianship, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Contemplating Abortion: Hiv-Positive Women's Decision To Terminate Pregnancy, Sarah MacCarthy, Jennifer Rasanathan, Ann Crawford-Roberts, Ines Dourado, Sofia Gruskin 2015 RAND Corporation

Contemplating Abortion: Hiv-Positive Women's Decision To Terminate Pregnancy, Sarah Maccarthy, Jennifer Rasanathan, Ann Crawford-Roberts, Ines Dourado, Sofia Gruskin

University of Southern California Legal Studies Working Paper Series

Research on pregnancy termination largely assumes HIV status is the only reason why HIV-positive women contemplate abortion. As antiretroviral treatment (ART) becomes increasingly available and women are living longer, healthier lives, the time has come to consider the influence of other factors on HIV-positive women’s reproductive decision-making. Because ART has been free and universally available to Brazilians for more than two decades, Brazil provides a unique context in which to explore these issues. A total of 25 semi-structured interviews exploring women’s pregnancy termination decision-making were conducted with women receiving care at the Reference Centre for HIV/AIDS in ...


Should Divorce Be More Taxing?: Structuring Tax Reduction To Reduce Inequality, Stephanie H. McMahon 2015 University of Cincinnati College of Law

Should Divorce Be More Taxing?: Structuring Tax Reduction To Reduce Inequality, Stephanie H. Mcmahon

Indiana Journal of Law and Social Equality

Current law makes divorce a time for minimizing some couples’ taxes. The group who benefit from the reduction are unlikely to be those in greatest financial need following divorce. Existing divorce-related taxation focuses on shifting the tax burden between spouses, the implicit and explicit elections that enable this shifting, and the classification of who should be entitled to this tax reduction. This article argues that Congress should focus tax reduction on those with minimal resources following divorce to ensure an equitable distribution of the nation’s tax burden. This article proposes an alternative tax regime more consistent with mitigating inequality ...


“Alimony For Your Eggs”: Fertility Compensation In Divorce Proceedings, Katelin Eastman 2015 Pepperdine University

“Alimony For Your Eggs”: Fertility Compensation In Divorce Proceedings, Katelin Eastman

Pepperdine Law Review

This Comment explores the history and reasoning behind divorce in the United States, examines contemporary alimony jurisprudence, and assesses the viability of fertility compensation in divorce proceedings, arguing that there is, in fact, a legal basis for awarding such reparation upon divorce. Part II surveys divorce at common law and details the impact of the Uniform Marriage and Divorce Act (UMDA) and its introduction of no-fault divorce. Part III discusses alimony under New Jersey state law, with particular emphasis on reimbursement alimony after the Reiss trilogy, the Crews marital standard of living, and the impact of Assisted Reproductive Technology (ART ...


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