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Yours, Mine, Or Ours: Resolving Frozen Embryo Disputes Through Genetics, Carinne Jaeger 2017 Seattle University School of Law

Yours, Mine, Or Ours: Resolving Frozen Embryo Disputes Through Genetics, Carinne Jaeger

Seattle University Law Review

Part I of this Note provides some background on the current frameworks being used by courts in dual-progenitor disputes, while Part II presents the only two cases to deal with sole-genetic progenitor disputes and details how the courts conducted their analyses. Part III explains how courts establish legal parentage and how these legal parentage standards apply to frozen embryo disputes, specifically ones that involve only one genetic progenitor. Part IV proposes a new genetic framework to assist in the resolution of these issues. This Note concludes with a recommendation for future legislative intervention to aid in the widespread and uniform ...


In Re: Parental Rights As To R.T., K.G-T., N.H-T. And E.H-T, 133 Nev. Adv. Op. 38 (June 29, 2017), Brittni Griffith 2017 Nevada Law Journal

In Re: Parental Rights As To R.T., K.G-T., N.H-T. And E.H-T, 133 Nev. Adv. Op. 38 (June 29, 2017), Brittni Griffith

Nevada Supreme Court Summaries

The Court reviewed an appeal based on the termination of an individual’s parental rights. The Court held that “[a] party petitioning to terminate parental rights must establish by clear and convincing evidence that (1) termination is in the child’s best interest, and 2) parental fault exists.” Relying on previous decisions, the Court confirmed that poverty may not be a factor when it determines “parental fault,” but the Court may consider a parent’s compliance with a case plan. Here, the Court reaffirmed the district court’s decision because it relied on “substantial evidence” that Appellant did not follow ...


Adoption In China: Past, Present And Yet To Come, Margaret Ryznar 2017 Indiana University McKinney School of Law

Adoption In China: Past, Present And Yet To Come, Margaret Ryznar

Georgia Journal of International & Comparative Law

No abstract provided.


"Never Had A Choice And No Power To Alter": Illegitimate Children And The Supreme Court Of Japan, Shigenori Matsui 2017 University of British Columbia, Peter A. Allard School of Law

"Never Had A Choice And No Power To Alter": Illegitimate Children And The Supreme Court Of Japan, Shigenori Matsui

Georgia Journal of International & Comparative Law

No abstract provided.


Nguyen V. Boynes, 133 Nev. Adv. Op. 32 (June 22, 2017), Angela Lee 2017 Nevada Law Journal

Nguyen V. Boynes, 133 Nev. Adv. Op. 32 (June 22, 2017), Angela Lee

Nevada Supreme Court Summaries

The Nevada Supreme Court held that granting joint legal and physical custody to the non-adoptive parent in a same-sex couple adoption does not violate the equitable adoption doctrine or the equal protection clauses of the United States and Nevada State Constitutions.


Vaile V. Porsboll, 133 Nev. Adv. Op. 30 (June 22, 2017), Stephanie Glantz 2017 Nevada Law Journal

Vaile V. Porsboll, 133 Nev. Adv. Op. 30 (June 22, 2017), Stephanie Glantz

Nevada Supreme Court Summaries

Nevada child support order controls Norway order when the parents filed for divorce in Nevada, even though the children reside in Norway. Additionally, the Nevada Supreme Court has jurisdiction to hold the parent in contempt and to impose sanctions for failure to meet his or her child support obligations.


Parental Separation And The Child Custody Decision: Toward A Reconception, David G. Duff, Roxanne Mykitiuk 2017 Allard School of Law at the University of British Columbia

Parental Separation And The Child Custody Decision: Toward A Reconception, David G. Duff, Roxanne Mykitiuk

Roxanne Mykitiuk

Contemporary debates regarding the appropriate way to resolve custody and access disputes reflect deeply rooted conceptions of both the family and the proper relationship between the family and the state. The prevailing "best interests of the child" test and judicial presumptions favouring sole custody embody a traditional definition of the family and a communitarian image of familial relationships.Conversely, current joint custody legislation adopts a liberal-contractual paradigm, in which the family is viewed as a joint partnership and children are conceived as assets to be equally divided upon termination ofthe spousal relationship. The authors reject both notions of the family ...


Reflection: How Multiracial Lives Matter 50 Years After Loving, Lauren Sudeall Lucas 2017 Georgia State University College of Law

Reflection: How Multiracial Lives Matter 50 Years After Loving, Lauren Sudeall Lucas

Lauren Sudeall Lucas

Black Lives Matter. All Lives Matter. These two statements are both true, but connote very different sentiments in our current political reality. To further complicate matters, in this short reflection piece, I query how multiracial lives matter in the context of this heated social and political discussion about race. As a multiracial person committed to racial justice and sympathetic both to those pushing for recognition of multiracial identity and to those who worry such recognition may undermine larger movements, these are questions I have long grappled with both professionally and personally. Of course, multiracial lives matter - but do they constitute ...


In The "Best Interests" Of The Disabled: Legislating Morality And The Power To Initiate Support Orders For Disabled Adults In Ohio, Kalynne Proctor 2017 Cleveland-Marshall College of Law

In The "Best Interests" Of The Disabled: Legislating Morality And The Power To Initiate Support Orders For Disabled Adults In Ohio, Kalynne Proctor

Cleveland State Law Review

Today’s reality is that many families have children who are faced with disabling conditions that prevent them from relinquishing their dependency on others. Often, the need for specialized treatment and care does not terminate once a severely disabled child reaches adulthood. While typically parents are relieved of their legal parental obligations to their adult-aged children, this is not the same case for parents with severely disabled children. In some respects, Ohio has recognized the financial difficulties divorced parents face when they are the sole caregivers of disabled adult children. Although Ohio law requires that the noncustodial parent in a ...


A Case Against Collaboration, Rachel Rebouché 2017 University of Maryland Francis King Carey School of Law

A Case Against Collaboration, Rachel Rebouché

Maryland Law Review

In family law, as in other legal disciplines, the use of alternative dispute resolution has dramatically increased. In a process called collaborative divorce, separating spouses hire attorneys who agree to work together—almost entirely outside of the court system—to reach a settlement ending the marriage. A team of experts, including mental health professionals, financial neutrals, and parenting coordinators, helps the parties resolve conflicts and settle property, support, and custody disputes. For divorcing couples, the collaborative process promises emotional healing and avoidance of contentious litigation. Advocates for collaborative divorce describe the transformational effects of the process in an evangelical tone ...


Sieglein V. Schmidt: Securing The Legitimacy Of All Children Created Through Assisted Reproductive Technology, Gabrielle C. Phillips 2017 University of Maryland Francis King Carey School of Law

Sieglein V. Schmidt: Securing The Legitimacy Of All Children Created Through Assisted Reproductive Technology, Gabrielle C. Phillips

Maryland Law Review

No abstract provided.


Find Out What It Means To Me: The Politics Of Respect And Dignity In Sexual Orientation Antidiscrimination, Jeremiah A. Ho 2017 University of Massachusetts School of Law

Find Out What It Means To Me: The Politics Of Respect And Dignity In Sexual Orientation Antidiscrimination, Jeremiah A. Ho

Utah Law Review

This Article considers the state of LGBTQ equality after the Supreme Court’s decision in Obergefell v. Hodges. Specifically, by examining this upsurge of social visibility for same-sex couples as both acceptance of sexual minorities and cultural assimilation, the Article finds that the marriage cases at the Supreme Court—Obergefell and United States v. Windsor—shifted the framing of gay rights from the politics of respect that appeared more than a decade ago in Lawrence v. Texas toward a politics of respectability. The Article traces this regression in Justice Kennedy’s own definition of dignity from Lawrence, where he approached ...


Reflection: How Multiracial Lives Matter 50 Years After Loving, Lauren Sudeall Lucas 2017 Georgia State University College of Law

Reflection: How Multiracial Lives Matter 50 Years After Loving, Lauren Sudeall Lucas

Faculty Publications By Year

Black Lives Matter. All Lives Matter. These two statements are both true, but connote very different sentiments in our current political reality. To further complicate matters, in this short reflection piece, I query how multiracial lives matter in the context of this heated social and political discussion about race. As a multiracial person committed to racial justice and sympathetic both to those pushing for recognition of multiracial identity and to those who worry such recognition may undermine larger movements, these are questions I have long grappled with both professionally and personally. Of course, multiracial lives matter - but do they constitute ...


Embry-Uh-Oh: An Alternative Approach To Frozen Embryo Disputes, Anna El-Zein 2017 University of Missouri School of Law

Embry-Uh-Oh: An Alternative Approach To Frozen Embryo Disputes, Anna El-Zein

Missouri Law Review

This Note addresses the general background of domestic and international case law and legislation surrounding embryonic disputes. It then examines recent case law developments; specifically, it discusses the only existing frozen embryo dispute in Missouri. Finally, we offer a suggested approach for courts to use when addressing these increasingly complex cases.


La Construcción De Un Inmueble Por Parte De Uno De Los Cónyuges Sobre Un Bien Propio De Uno De Ellos, Convierte El Bien En Social, Enrique Varsi Dr. 2017 Universidad de Lima, Perú

La Construcción De Un Inmueble Por Parte De Uno De Los Cónyuges Sobre Un Bien Propio De Uno De Ellos, Convierte El Bien En Social, Enrique Varsi Dr.

Enrique Varsi Rospigliosi

La construcción de un inmueble por parte de uno de los cónyuges sobre un bien propio de uno de ellos, convierte el bien en social


El Carácter Relativo De La Presunción Mater Semper Certa Est En Los Supuestos De Maternidad Subrogada. A Propósito De Una Reciente Sentencia, Marco Andrei Torres Maldonado 2017 Universidad Nacional Mayor de San Marcos

El Carácter Relativo De La Presunción Mater Semper Certa Est En Los Supuestos De Maternidad Subrogada. A Propósito De Una Reciente Sentencia, Marco Andrei Torres Maldonado

Marco Andrei Torres Maldonado

Para el autor, el artículo 409 del Código Civil, el cual establece la presunción de maternidad, no debe ser considerado absoluto en la medida en que existen supuestos como en el caso de maternidad subrogada que superan la ficción jurídica establecida por el legislador. En ese sentido, afirma que el intérprete no debería guiarse por el hecho biológico del parto, pues al respecto entrarían consideraciones como el interés superior del menor frente a la conducta de los progenitores biológicos. Por ello, se expresa de acuerdo a la sentencia expedida por el Quinto Juzgado Especializado en lo Constitucional de la Corte ...


The Principle Of Subsidiarity And The Law Of The Family Business, Scott T. FitzGibbon 2017 Boston College Law School

The Principle Of Subsidiarity And The Law Of The Family Business, Scott T. Fitzgibbon

Scott T. FitzGibbon

There is a considerable incongruity between the ends and aims of the business association, on the one hand, and the ends and aims of the family -- and thus of most family businesses -- on the other. This Essay proposes a principle for the guidance of the law in such matters. This is the principle of subsidiarity, which instructs government and the law to recognize the smaller organizations of society and to foster their functioning along lines appropriate to their purposes and along the lines intended by their principals. This Essay develops an especially rich account of the principle of subsidiarity, according ...


Klabacka V. Nelson, 133 Nev. Adv. Op. 24 (May 25, 2017), Christopher Kelly 2017 University of Nevada, Las Vegas -- William S. Boyd School of Law

Klabacka V. Nelson, 133 Nev. Adv. Op. 24 (May 25, 2017), Christopher Kelly

Nevada Supreme Court Summaries

The Court determined that (1) family courts have subject matter jurisdiction in divorce proceedings that involve issues otherwise outside the scope of family courts, (2) parol evidence may not be considered to determine party intent to form separate property agreements and self-settled spendthrift trusts where the written agreements are valid and unambiguous, (3) a court order equalizing assets between different spendthrift trusts is improper because the NRS protects against court orders that move assets from trusts and against moves that do not benefit trust beneficiaries, (4) spendthrift trusts may not be reached for payment of personal obligations not known at ...


Workin’ 9:00–5:00 For Nine Months: Assessing Pregnancy Discrimination Laws In Georgia, Kaitlyn Pettet 2017 Georgia State University College of Law

Workin’ 9:00–5:00 For Nine Months: Assessing Pregnancy Discrimination Laws In Georgia, Kaitlyn Pettet

Georgia State University Law Review

As demonstrated in this Note, there is still a considerable way to go before women are no longer forced to choose between pregnancy and keeping their career. Allegations of pregnancy discrimination in the workplace are also on the rise.

In 1997, 4,000 plaintiffs filed complaints with the Equal Employment Opportunity Commission (EEOC). By 2011, that number rose to 5,800. The EEOC won significant damages in pregnancy discrimination cases, demonstrating a greater tendency towards discrimination in the workplace. Additionally, this rise in claims and awards caught the attention of the nation’s media, placing new emphasis on the treatment ...


The Pro Bono Collaborative Project Spotlight 05-23-2017, Roger Williams University School of Law 2017 Roger Williams University

The Pro Bono Collaborative Project Spotlight 05-23-2017, Roger Williams University School Of Law

Pro Bono Collaborative Staff Publications

No abstract provided.


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