California Egg Toss - The High Costs Of Avoiding Unenforceable Surrogacy Contracts, 2014 University of San Diego
California Egg Toss - The High Costs Of Avoiding Unenforceable Surrogacy Contracts, Jennifer Jackson
In an emotionally charged decision regarding surrogacy contracts, it is important to recognize the ramifications, costs, and policy. There are advantages to both “gestational carrier surrogacy” contracts and “traditional surrogacy” contracts. However, this paper focuses on the differences between these contracts using case law. Specifically, this paper will focus on the implications of California case law regarding surrogacy contracts. Cases such as Johnson v. Calvert and In Re Marriage of Moschetta provide a clear distinction between these contracts. This distinction will show that while gestational carrier surrogacy contracts are more expensive, public policy and court opinions will provide certainty and ...
The Limits Of Child Pornography, 2014 Maurer School of Law: Indiana University
The Limits Of Child Pornography, Carissa Byrne Hessick
Indiana Law Journal
Although the First Amendment ordinarily protects the creation, distribution, and possession of visual images, the Supreme Court has declared that those protections do not apply to child pornography. But the Court has failed to clearly define child pornography as a category of speech. Providing a precise definition of the child pornography exception to the First Amendment has become increasingly important because recent years have seen a dramatic increase in the penalties associated with the creation, distribution, and possession of child pornography.
This Article proposes a clear definition of the child pornography exception. It argues that an image ought to fall ...
When Is Hiv A Crime? Sexualigy, Gender And Consent, Kim S. Buchanan
University of Southern California Legal Studies Working Paper Series
HIV criminalization is difficult to justify on the grounds advanced for it: public health and moral retribution. This Article engages with a third, underexamined rationale for HIV criminalization: sexual autonomy. Nondisclosure prosecutions purport to ensure “informed consent” to sex. However, almost all other forms of sexual deception — including deceptions that may jeopardize the partner’s health — are lawful; rape law expressly accommodates an expectation that men may lie to get sex from women. Neither public health nor retributive considerations adequately justify singling out HIV from other, permitted forms of sexual deception. Moreover, most HIV transmission and nondisclosure takes place between ...
Marriage Penalty: How Stacking Income Affects The Secondary Earner’S Decision To Work, Kevin M. Walsh
Kevin M Walsh
Our progressive tax rate structure is aimed at taxing citizens fairly and based on their ability to pay. The rate structure, however, partially loses its purpose when analyzing the income taxation of married individuals. If a married couple decides to file jointly they are sometimes taxed at higher rates than individuals are depending on the incomes of the couple. This has created what we know today as the “marriage penalty,” and it can serve as a deterrent to the secondary earner from working.
There is no simple solution to address how the marriage penalty, in combination with necessary expenses, affects ...
Cracks In The Shield: The Necessity Of The Employment Non-Discrimination Act, 2014 SelectedWorks
Cracks In The Shield: The Necessity Of The Employment Non-Discrimination Act, James N. Bolotin
James N Bolotin
This paper argues that legislation protecting homosexuals from employment discrimination is necessary, despite hopeful arguments that the text of Title VII should or can already protect against discrimination based on sexual orientation. The paper discusses how the precedent of the federal courts has gone too far in the wrong direction to believe that they will fix this interpretation problem on their own. Furthermore, it posits that the passage of ENDA or similar legislation will successfully lessen the prevalence of this type of discrimination.
Part I considers the history of Title VII’s “because of sex” protection. This includes a short ...
Diversity In The Boardroom: A Content Analysis Of Corporate Proxy Disclosures, 2014 Pace University
Diversity In The Boardroom: A Content Analysis Of Corporate Proxy Disclosures, Aaron A. Dhir
Pace International Law Review
My work in this field has focused on regulation by quota and regulation by disclosure. With regard to quotas, strikingly, the Norwegian law is not located in regulation that explicitly deals with human rights or equality issues; rather, it is found in the heart of the legal regime that gives life and personality to corporations – in Norwegian corporate law. I have conducted qualitative, interview-based research with Norwegian corporate directors, both men and women. It is only through understanding how the goals of the law have translated into the day-to-day existence of these individuals that we can begin to consider the ...
Comparative Sex Regimes And Corporate Governance: An Introduction, 2014 Pace University
Comparative Sex Regimes And Corporate Governance: An Introduction, Darren Rosenblum
Pace International Law Review
In February 2013, on the day of the worst snowstorm in many years, Pace International Law Review conducted a symposium on “Comparative Sex Regimes and Corporate Governance.” Despite a total shutdown of all transport networks and the consequent absence of a few stranded scholars, we met to discuss the fraught questions posed by corporate board quotas and formulate answers.
Led by Norway in 2003, several nations have begun to mandate certain levels of women’s inclusion on corporate boards. In the face of widespread exclusion of women from corporate power that suggests structural biases, these quotas appear radical and compelling ...
Rights In Separate Property Of Hindu Female – Challenge To Acquire A New Self, 2014 SelectedWorks
Rights In Separate Property Of Hindu Female – Challenge To Acquire A New Self, Archana Mishra
In India, among Hindus the customary laws sanctioned the male oriented law with respect to land and property and denied female their rights in land property. Access to economic rights, inheritance and property ownership to women has significant impact on her social and economic well-being. HSA, 1956 marks a new era in the Indian history of social legislation by removing, to an extent, the pre-existing discrimination in inheritance on grounds of gender and giving women access to economic rights. But the Act fails to live up to the promise of a legal system which aspires to ensure equality for all ...
Removing Disfavored Faces From Facebook: The Freedom Of Speech Implications Of Banning Sex Offenders From Social Media, 2014 Maurer School of Law: Indiana University
Removing Disfavored Faces From Facebook: The Freedom Of Speech Implications Of Banning Sex Offenders From Social Media, John Hitz
Indiana Law Journal
This Note scrutinizes the constitutionality of statutes that ban sex offenders who are no longer under any form of probation, parole, or supervised release from using social media. This Note argues that the incarnations of three of the social media ban statutes that have been examined by the federal judiciary were properly found unconstitutional because they violate the free speech rights of the sex offenders that they ban from social media. This Note goes on to argue that states can secure the interests they were seeking to protect in adopting these statutes through other means.
ng what groups of individuals ...
Natural Law, Natural Rights, And Same Sex Marriage, 2014 SelectedWorks
Natural Law, Natural Rights, And Same Sex Marriage, Shannon Holzer
The Definition of Rights and Same-Sex Marriage
The claim that same-sex couples have the right to be married needs to be explained according to particular theories of rights. This presents a problem for same-sex marriage (SSM) advocates for two reasons. First, if SSM advocates suggest that they have a natural right to be married (as rights were understood by Thomas Jefferson in the Declaration of Independence), then they have the burden to prove that this is the case. Yet, Natural Rights entail Natural Law (NL), and NL tends to support teleological definitions of marriage. Thus, the SSM advocate must ...
Let’S Talk About Sex: How Societal Value Evolution Has Redefined Obscenity, 2014 Pace University
Let’S Talk About Sex: How Societal Value Evolution Has Redefined Obscenity, Kamilah Mitchell
Pace Intellectual Property, Sports & Entertainment Law Forum
This Note seeks to examine the evolution of sex and sexuality in the media, by critically examining how the prevalence of sex and more recently the prevalence of topics and issues related to sexuality in television, literature, electronic media, and art have and continue to impact societal views and notions on obscenity. This Note will also examine the Miller test for obscenity, and the long term effects of societal value evolution on the application of the Miller test. This Note concludes by positing that at some point, the line between what is deemed sexually offensive and what is socially acceptable ...
Navigating A Post-Windsor World: The Promise And Limits Of Marriage Equality, 2014 SelectedWorks
Navigating A Post-Windsor World: The Promise And Limits Of Marriage Equality, Nancy J. Knauer
Nancy J. Knauer
When the 2013 landmark decision in U.S. v. Windsor invalidated part of the Defense of Marriage Act (DOMA), it was hailed as a landmark civil rights victory, but its implementation has been far from seamless. The federal government has not applied a uniform rule for marriage recognition, applying a state-of-domicile rule for some purposes (Social Security) and a broader state-of-celebration rule for others (e.g., federal tax matters). Moreover, Windsor did not directly address the state-level marriage prohibitions that remain in place in the majority of states. As a result, the United States continues to be a patchwork of ...
Ledbetter V. Goodyear Tire & Rubber Co., 2014 Touro College Jacob D. Fuchsberg Law Center
Ledbetter V. Goodyear Tire & Rubber Co., Derrick A. Bell Jr.
Touro Law Review
No abstract provided.
Sex Reassignment Surgery: Required For Transgendered Prisoners But Forbidden For Medicaid, Medicare, And Champus Beneficiaries, 2014 College of William & Mary Law School
Sex Reassignment Surgery: Required For Transgendered Prisoners But Forbidden For Medicaid, Medicare, And Champus Beneficiaries, Jennifer L. Casazza
William & Mary Journal of Women and the Law
No abstract provided.
Storytelling As A Policy Tool: An Examination Of Same-Sex Marriage In Massachusetts, 2014 Northeastern University
Storytelling As A Policy Tool: An Examination Of Same-Sex Marriage In Massachusetts, Edward F. Kammerer
Law and Public Policy Dissertations
Policy debates often hinge on careful frame selection. Frames are ways of organizing the world, emphasizing certain aspects of a policy debate or issue while deemphasizing others. Storytelling is a useful technique for framing. Stories are central to how the mind processes information and makes decisions. Stories, and storytelling, present information that may not be purely rational, but is still important in the decision making context. They add emotion and heighten interest. Applied Legal Storytelling scholars have begun exploring the role of stories in legal disputes. Using the framework developed in that literature, this study looks at the types of ...
Conversion Therapy And Free Speech: A Doctrinal And Theoretical First Amendment Analysis, 2014 College of William & Mary Law School
Conversion Therapy And Free Speech: A Doctrinal And Theoretical First Amendment Analysis, Clay Calvert, Kara Carnley, Brittany Link, Linda Riedmann
William & Mary Journal of Women and the Law
This Article analyzes, from both a doctrinal and theoretical perspective, the First Amendment speech interests at stake before the U.S. Court of Appeals for the Ninth Circuit in Welch v. Brown and Pickup v. Brown. Those cases pivot on a controversial California law banning mental health providers from performing sexual orientation change efforts (also known as conversion therapy) on minors. Two district court judges reached radically different conclusions about the First Amendment questions. The Article explores how a trio of recent Supreme Court decisions involving seemingly disparate factual scenarios—Brown v. Entertainment Merchants Association, United States v. Alvarez and ...
Location, Location, Location, The Impact Of Registered Sex Offenders On Home Sale Prices: A Case Study Of Mclean County, Illinois, John C. Navarro, Cara Rabe-Hemp
Graduate Research - Criminal Justice
Borrowing from the broken windows theory, this paper addresses the impact of sex offenders’ residences on neighborhood’s property values in McLean County, Illinois. Three data sets were combined to explore the relationship: the addresses of registered sex offenders (RSOs) in McLean County, Illinois, the location and property characteristics of homes sold in McLean County between December 2012 to December 2013, and variables from the 2010 U.S. Census. ArcGIS was utilized to create buffers up to 0.2 of a mile around a sold home to measure the concentration of RSOs and sexual predators (SPs) and to calculate the ...
Prenatal Torts: Reproductive Rights With Teeth, 2014 SelectedWorks
Prenatal Torts: Reproductive Rights With Teeth, Andrew H. Jones
Andrew H Jones
The purpose of tort law is to restore the plaintiff to the position he or she would have occupied had the complained of injury not occurred. To this end, the measure of damages is the amount which will compensate for all detriment proximately caused. But, when the causal link between the wrong and injury is abortion, and the harm relates to the existence of a human life, the issue of recovery becomes complicated. The difficulty of the issue is aggravated by the existence of conflicting principles, such as protecting a constitutionally recognized right to refrain from procreation, and maintaining the ...
Bracelets And The Scope Of Student Speech Rights In B.H. Ex Rel. Hawk V. Easton Area School District, 2014 Boston College Law School
Bracelets And The Scope Of Student Speech Rights In B.H. Ex Rel. Hawk V. Easton Area School District, Jacquelyn Burke
Boston College Journal of Law & Social Justice
The U.S. Court of Appeals for the Third Circuit held that a district wide ban of bracelets containing the word “boobies” was an impermissible restriction of students’ First Amendment speech rights. The majority’s focus on the bracelets’ social message is critical for the preservation of students’ rights to discuss social issues, particularly health issues. Alternatively, Judge Hardiman’s dissent focused on the bracelets’ alleged sexual innuendo and did not give credence to the bracelets’ purpose. Judge Hardiman advocated upholding the ban due to the bracelets’ supposed sexual nature. Had Judge Hardiman prevailed, knowledge and awareness of a vital ...
Preventative Legislation Ensures Intended Parents Of Gestational Surrogacy Benefits Under The California Family Rights Act, Jennifer Jackson
We live in a rapidly evolving technological age, which now allows parents to enter surrogacy contracts. In such a world, the law often lags in catching up to technology and the ramifications that may ensue. This paper focuses on the California Family Rights Act (CFRA) and the consequences it has on surrogacy agreements and the rights intended parents. While the CFRA includes broad language as to the definition of a “child,” case law shows that surrogate born children may be unintentionally excluded. As a result, this paper analyzes the arguments both for and against revision to the CFRA and concludes ...