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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 ...


Privately Failing: Recidivism In Public And Private Prisons, Lee N. Gilgan 2015 Willamette University

Privately Failing: Recidivism In Public And Private Prisons, Lee N. Gilgan

Lee N Gilgan

This study would add to available research regarding recidivism rates following incarceration in private prisons in contrast to incarceration in government-run prisons. This is a non-experimental meta-analysis viewing numerous studies discussing the effects of multiple covariants within public and private prisons. Based on the information and conclusion in these studies, we find that there is little overall consensus concerning the effects of increased privatization on recidivism. While many studies find certain aspects of privatization to have some potential effect on recidivism, there are many other aspects that either are out of scope or have a negative effect on recidivism. However ...


The Meaning Of The Responsibility To Protect: An Analysis Of The R2p Principle In International Law, 2001-2013, Muditha Halliyadde 2015 Indiana University Maurer School of Law

The Meaning Of The Responsibility To Protect: An Analysis Of The R2p Principle In International Law, 2001-2013, Muditha Halliyadde

Theses and Dissertations

The thesis analyzes the first decade of experience with the principle of the responsibility to protect (R2P), in order to evaluate the status of the R2P principle in contemporary international law. The R2P principle is an important topic because its meaning, as well as its effect, continues to be debated in international law. The thesis examines state practice within the United Nations and beyond after the articulation of the R2P principle in 2001. The analysis includes detailed case studies relevant to R2P: Darfur, Libya, Côte d’Ivoire and Syria. The thesis argues that the R2P principle has not significantly changed ...


Twenty-First Century Regression: The Disparate Impact Of Hiv Transmission Laws On Gays, Siobhan E. Murillo 2015 University of San Diego

Twenty-First Century Regression: The Disparate Impact Of Hiv Transmission Laws On Gays, Siobhan E. Murillo

Siobhan E Murillo

No abstract provided.


The Emerging Neoliberal Penality: Rethinking Foucauldian Punishment In A Profit-Driven Carceral System, Kevin Crow 2015 Martin Luther Universitat Halle-Wittenberg

The Emerging Neoliberal Penality: Rethinking Foucauldian Punishment In A Profit-Driven Carceral System, Kevin Crow

Kevin Crow

There is a new neoliberal penality emerging in the United States with four primary characteristics: (1) the death of rehabilitation, (2) the de-individualization of the criminal, (3) the emergence of a market for deviance, and (4) the managerialistic approach. The prison-industrial complex in the United States illustrates these pillars, but the pillars are not limited to the prison-industrial complex.

Foucault's concept of the prison as an institution primarily of individual normalization presupposes rehabilitation as the primary goal of the institution. This is no longer the case. Rather, the "penal culture" has shifted from one that views crime and imprisonment ...


The Difficulty Of Temporal Jurisdiction In Janowiec And Others V. Russia, Julia Koch 2015 Boston College Law School

The Difficulty Of Temporal Jurisdiction In Janowiec And Others V. Russia, Julia Koch

Boston College International and Comparative Law Review

In October 2013, the European Court of Human Rights ruled on claims brought against the Russian Federation for the 1940 massacre of more than 21,000 prisoners of war. Relatives of the prisoners challenged that Russia had, among other things, failed in its legal obligation to carry out an adequate and effective investigation into the massacre. The court concluded that it did not have temporal jurisdiction to evaluate the merits of these claims; it stated that Russia’s legal obligation to investigate could not extend to transgressions that occurred prior to the existence of the convention under which the claims ...


Acquittals In Mugenzi & Mugiraneza V. Prosecutor Contribute To The Weak Legacy Of The International Criminal Tribunal For Rwanda, Alison Agnew 2015 Boston College Law School

Acquittals In Mugenzi & Mugiraneza V. Prosecutor Contribute To The Weak Legacy Of The International Criminal Tribunal For Rwanda, Alison Agnew

Boston College International and Comparative Law Review

In 2011, the Trial Chamber of the International Criminal Tribunal for Rwanda (ICTR) found Justin Mugenzi and Prosper Mugiraneza guilty of conspiracy to commit genocide and direct and public incitement to commit genocide due to their roles in the removal and replacement of Jean-Baptiste Habyalimana as prefect of Butare in April 1994. In February 2013, the Appeals Chamber reversed these convictions and acquitted Mugenzi and Mugiraneza, determining that the appellants did not possess the requisite mens rea and genocidal intent. The ICTR’s goal is to bring justice and reconciliation to Rwanda, but these acquittals demonstrate its institutional weakness. The ...


Gross V. Switzerland: A Deadly Dose For Personal Autonomy, Johanna Interian 2015 Boston College Law School

Gross V. Switzerland: A Deadly Dose For Personal Autonomy, Johanna Interian

Boston College International and Comparative Law Review

On May 14, 2013, the European Court of Human Rights held that the current assisted suicide law in Switzerland was insufficiently clear. Specifically, the failure to address whether a person who was not terminally ill could access the necessary drug violated Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms. The court would remove impediments to obtaining lethal prescriptions by insisting on clearer laws, though it did not go far enough by failing to recognize an affirmative right to assisted suicide. Before this decision was finalized, however, unexpected events in the case led the European ...


A Balanced Diet Of First Amendment Cases, Joel Gora 2015 Touro College Jacob D. Fuchsberg Law Center

A Balanced Diet Of First Amendment Cases, Joel Gora

Touro Law Review

No abstract provided.


Reconsidering Federal And State Obstacles To Human Trafficking Victim Status And Entitlements, Amanda J. Peters 2015 South Texas College of Law

Reconsidering Federal And State Obstacles To Human Trafficking Victim Status And Entitlements, Amanda J. Peters

Amanda J Peters

Federal and state anti-trafficking laws describe the victim in the process of criminalizing the act of human trafficking. Nearly half of all states adopt the federal definition of victim, which requires proof of forced, defrauded or coerced labor, whereas the other half narrows this definition thereby limiting the number of victims qualifying for state victims services. Using this definition, victims must prove their status before they can access victim entitlements. Even when victims prove their status, they may be denied traditional crime victim benefits like restitution and Crime Victim Compensation funds. In this way, their victim status may be rendered ...


Deconstructing Infanticide, Eric Vallillee 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 ...


Afghan Juvenile Code In Practice: Assessing Against International Juvenile Law, Christopher W. Carlson Jr. 2015 George Washington University Law School

Afghan Juvenile Code In Practice: Assessing Against International Juvenile Law, Christopher W. Carlson Jr.

Christopher W. Carlson Jr.

This Article assesses and compares Afghanistan’s juvenile procedures with the systems and norms advocated by the United Nations (“UN”). The Afghan Juvenile Code of 2005 is compared with the UN Convention on the Rights of the Child’s four key guidelines. The four guidelines include: (1) imprisonment of juveniles “shall be used only as a measure of last resort”; (2) any such imprisonment shall be “for the shortest appropriate period of time”; (3) juveniles who are in prison shall be “separated from adults”; and (4) they shall have the right to maintain “family contact.” These guidelines serve as a ...


Displaced Persons: "The New Refugees" (The Dean Rusk Award Recipient), David Hull 2015 University of Georgia School of Law

Displaced Persons: "The New Refugees" (The Dean Rusk Award Recipient), David Hull

Georgia Journal of International & Comparative Law

No abstract provided.


The Concept Of Fundamental Rights In European Economic Community Law, Laurent Marcoux Jr. 2015 Canadian Human Rights Foundation

The Concept Of Fundamental Rights In European Economic Community Law, Laurent Marcoux Jr.

Georgia Journal of International & Comparative Law

No abstract provided.


A Message Of Hope, Dean Rusk 2015 University of Georgia School of Law

A Message Of Hope, Dean Rusk

Georgia Journal of International & Comparative Law

No abstract provided.


Panel Iii: General Discussion, Georgia Journal of International and Comparative Law 2015 University of Georgia School of Law

Panel Iii: General Discussion, Georgia Journal Of International And Comparative Law

Georgia Journal of International & Comparative Law

No abstract provided.


Human Rights And Internal Conflicts: Some Aspects Of The United Nations Approach, Thomas McCarthy 2015 Human Rights Division, United Nations

Human Rights And Internal Conflicts: Some Aspects Of The United Nations Approach, Thomas Mccarthy

Georgia Journal of International & Comparative Law

No abstract provided.


The Helsinki Final Act: Peace Through Diplomacy, Max M. Kampelman 2015 Conference on Security and Co-operation in Europe

The Helsinki Final Act: Peace Through Diplomacy, Max M. Kampelman

Georgia Journal of International & Comparative Law

No abstract provided.


Panel Ii: General Discussion, Georgia Journal of International and Comparative Law 2015 University of Georgia School of Law

Panel Ii: General Discussion, Georgia Journal Of International And Comparative Law

Georgia Journal of International & Comparative Law

No abstract provided.


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