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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 ...


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 ...


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 ...


Examining Pay Differentials In The Legal Field, Barbara Donn, Christine Cahill, Meghan H. Mihal 2015 St. Thomas Aquinas College

Examining Pay Differentials In The Legal Field, Barbara Donn, Christine Cahill, Meghan H. Mihal

Indiana Journal of Law and Social Equality

This study investigates pay discrimination towards women in the legal field. Recent research has shown that a pay gap does exist in the legal field, and we show that this gap widens throughout the lawyers’ early careers. For our analysis, we focus on the pay differentials between associate level men and women at large private law firms in the United States. The data used in this study is provided by the American Bar Association and is a nationally representative data set following lawyers who began their legal career in 2000. We show that women earn less than their male counterparts ...


Dangerous Or Just Pregnant? How Sanism & Biases Infect The Dangerousness Determination In The Civil Commitment Of Pregnant Women, Alyson R. Schwartz 2015 Maurer School of Law: Indiana University

Dangerous Or Just Pregnant? How Sanism & Biases Infect The Dangerousness Determination In The Civil Commitment Of Pregnant Women, Alyson R. Schwartz

Indiana Journal of Law and Social Equality

Sparked by the story of Alicia Beltran, this Note explores state use of civil commitment statutes to police pregnant women suspected of drug use. Civil commitment determinations are already infiltrated by sanism: an irrational prejudice against those with mental disabilities and illnesses expressed through stereotyping and stigmatization similar to that of other prejudices such as racism and sexism. Yet, deficiencies in civil commitment safeguards for pregnant women cannot be explained simply as an issue of sanism, gender oppression, wealth inequality, or racism. Rather, each of these components must be combined to reveal how the interaction of each erodes the constitutional ...


The Modern Day Scarlet Letter, Ifeoma Ajunwa 2015 David A. Clarke School of Law, University of the District of Columbia

The Modern Day Scarlet Letter, Ifeoma Ajunwa

Fordham Law Review

American society has come to presuppose the efficacy of the collateral legal consequences of criminal conviction. But little attention has been paid to their effects on the reintegration efforts of the formerly incarcerated and, in particular, formerly incarcerated women. An 1848 case, Sutton v. McIlhany, affirmed collateral legal consequences as constituting an important part of criminal punishment. More recent cases, such as Turner v. Glickman, in which a class of people convicted of drug crimes were subsequently denied food stamps and other government benefits, have upheld the constitutionality of imposing these legal penalties on an individual even after she has ...


The Early Female Jewish Members Of The Maryland Bar: 1920–1929, Deborah Sweet Eyler 2015 University of Maryland Francis King Carey School of Law

The Early Female Jewish Members Of The Maryland Bar: 1920–1929, Deborah Sweet Eyler

Maryland Law Review

No abstract provided.


“But I’M Brain-Dead And Pregnant”: Advance Directive Pregnancy Exclusions And End-Of-Life Wishes, Wendy Adele Humphrey 2015 College of William & Mary Law School

“But I’M Brain-Dead And Pregnant”: Advance Directive Pregnancy Exclusions And End-Of-Life Wishes, Wendy Adele Humphrey

William & Mary Journal of Women and the Law

Marlise Muñoz was approximately fourteen weeks pregnant when she suffered a pulmonary embolism, and two days later doctors declared her brain-dead. Knowing Marlise’s end-of-life wishes, her husband, Erick Muñoz, asked her doctors to withdraw or withhold any “life-sustaining” medical treatment from his brain-dead wife. The hospital refused, and it relied on a Texas statute that automatically invalidates a woman’s advance directive in the event she is pregnant. Ultimately, the trial court held that the Texas statute does not apply to a woman who is brain-dead and pregnant.

This tragic situation warrants action to ensure that a woman’s ...


A Legal And Policy Argument For Bail Denial And Preventative Treatment For Batterers In The United States, Dawn Beichner, Robbin Ogle, Anne Garner, Daniel Anderson 2015 Illinois State University

A Legal And Policy Argument For Bail Denial And Preventative Treatment For Batterers In The United States, Dawn Beichner, Robbin Ogle, Anne Garner, Daniel Anderson

Papers in Women's and Gender Studies

Historically, battering has been a culturally and legally acceptable form of social control within the United States. This article provides an examination of how this legacy of social acceptance has influenced the development of laws and social policies related to battering. We provide a critique of our current approach to battering and our historical reliance on private or social helping agencies intended to hide and protect victims. We call for a transformation of our current policies that provides for the removal of the batterer—not the victim and her children—from the family home through a process of bail denial ...


Acoso Sexual Callejero: Una Nueva Norma Para Cotidianas Violencias, Beatriz Ramirez 2015 Pontificia Universidad Catolica del Peru

Acoso Sexual Callejero: Una Nueva Norma Para Cotidianas Violencias, Beatriz Ramirez

Beatriz Ramirez

El Congreso del Perú ha aprobado recientemente una ley a efectos de prevenir el acoso sexual en espacios públicos. Al respecto, la autora resalta que esta norma es una concreción de la obligación internacional del Estado peruano de prevenir, sancionar y erradicar toda forma de violencia, siendo el acoso sexual una de sus expresiones más usuales. Asimismo, recuerda que pese a no haberse incluido en el texto finalmente aprobado las modificaciones al Código Penal, el acoso sexual callejero encaja perfectamente en la redacción actual de varios tipos penales.


Quis Custodiet Ipsos Custodies? The Current State Of Sexual Assault Reform Within The U.S. Military And The Need For The Use Of A Formal Decisionmaking Process In Further Reform, Danielle Rogowski 2015 Seattle University School of Law

Quis Custodiet Ipsos Custodies? The Current State Of Sexual Assault Reform Within The U.S. Military And The Need For The Use Of A Formal Decisionmaking Process In Further Reform, Danielle Rogowski

Seattle University Law Review

Who protects those who protect the nation? In the United States, these responsibilities are levied upon the U.S. Congress, which has Constitutional authority to “make rules for the Government and Regulation of the land and naval Forces.” As such, the U.S. military currently has a robust and well-developed judicial system governed by the Uniform Code of Military Justice (UCMJ). Yet critics have attacked this system during the past two decades by alleging that it fails to adequately prevent and prosecute sexual assault within the ranks. Following scandals at the 1991 Tailhook Convention, Aberdeen Proving Grounds, and the United ...


From Reynolds To Lawrence To Brown V. Buhman: Antipolygamy Statutes Sliding On The Slippery Slope Of Same-Sex Marriage, Stephen L. Baskind 2015 Univerisity of Texas at Arlington

From Reynolds To Lawrence To Brown V. Buhman: Antipolygamy Statutes Sliding On The Slippery Slope Of Same-Sex Marriage, Stephen L. Baskind

Stephen L Baskind

In 2003 in Lawrence v. Texas (striking Texas’ sodomy law), Justice Scalia predicted in his dissent the end of all morals legislation. If Justice Scalia is correct most, if not all, morals-based legislation may fall. For example, in recent years state laws prohibiting same-sex marriage have fallen to constitutional challenges. Ten years after Lawrence in 2013, a Utah Federal District Court in Brown v. Buhman, though feeling constrained by the 1878 Reynolds case (which rejected a First Amendment challenge to an antipolygamy law), nevertheless at the request of a polygamous family concluded that the cohabitation prong of Utah’s anti-bigamy ...


Human Rights Practices In The Arab States: The Modern Impact Of Sharī’A Values, James Dudley 2015 University of Georgia School of Law

Human Rights Practices In The Arab States: The Modern Impact Of Sharī’A Values, James Dudley

Georgia Journal of International & Comparative Law

No abstract provided.


Not Women For The Women’S Movement, Not Black For The Racial Movement: A Critical Race Critique On Mass Incarceration And The External Effects On The Women Left At Home, Amy Seamann 2015 DePaul University

Not Women For The Women’S Movement, Not Black For The Racial Movement: A Critical Race Critique On Mass Incarceration And The External Effects On The Women Left At Home, Amy Seamann

Journal of Women, Gender and the Law

With over 2.2 million people in America currently behind bars, the United States is in the midst of a national epidemic of its own making. This vast incarceration rate represents a multitude of people imprisoned for non-violent crimes. In fact, approximately half a million people are in prison or in jail for a drug offense and have no history of violence. The epidemic disproportionately affects people of color, as “one in ten black males in his thirties” is incarcerated on any particular day, despite the fact that whites are just as likely to use drugs.

Mass incarceration has increasingly ...


Divorcing Gender From Marriage: A Feminist Perspective On The Jurisprudence Of Transgendered Marriage, Michelle Cass 2015 DePaul University

Divorcing Gender From Marriage: A Feminist Perspective On The Jurisprudence Of Transgendered Marriage, Michelle Cass

Journal of Women, Gender and the Law

Sex is an immutable characteristic; says who? As transgendered people and LGBTQQ (lesbian, gay, bisexual, transgender, queer, questioning) issues gain more traction and recognition, the clear contours of sex and gender are fading, and a more fluid concept of gender is emerging. However, the American legal system lags behind the mutability of gender in an environment where the conceptualization and understanding of gender is becoming ever more nuanced and complex. This is most apparent in the law’s treatment of transgendered marriage: a marriage involving at least one person who identifies as transgendered. A transgendered person can be defined as ...


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 ...


Fifty Shades Of Oppression: Sadomasochism, Feminism, And The Law, Jacqueline Horn 2015 DePaul University

Fifty Shades Of Oppression: Sadomasochism, Feminism, And The Law, Jacqueline Horn

Journal of Women, Gender and the Law

Can sadomasochism (S/M) be reconciled with feminism? When pain is pleasure and humiliation is empowerment, how should the law respond? This article investigates S/M under the legal gaze, particularly the manner in which legal theory and legal practice have constructed female masochism. This article argues that the jurisprudence of S/M is formed by the perception of the “sexual other” as a threat to the normative sexual behavior the law has worked tirelessly to maintain. Historically, society – and by extension the law – has been intolerant of behavior that transgresses sexual norms. As Laura A. Rosenbury and Jennifer E ...


What To Expect When You’Re Expecting: Fetal Protection Laws That Strip Away The Constitutional Rights Of Pregnant Women, Jennifer Henricks 2015 Boston College Law School

What To Expect When You’Re Expecting: Fetal Protection Laws That Strip Away The Constitutional Rights Of Pregnant Women, Jennifer Henricks

Boston College Journal of Law & Social Justice

Many states have enacted fetal protection laws as a way of promoting fetal health and combatting the problem of in utero fetal drug abuse. These laws, however, unduly compromise the constitutional rights of pregnant women, implicating a woman’s rights to privacy, due process, and equal protection under the laws. Additionally, such laws compromise both maternal health and fetal health by discouraging at-risk pregnant women from seeking medical attention. Requiring procedural protections before the enforcement of fetal protection laws may mitigate the laws’ extensive constitutional problems. Additionally, enacting programs that provide pregnant women with positive incentives to promote fetal health ...


Foreword: Diversity In The Legal Profession: A Comparative Perspective, Deborah L. Rhode 2015 Stanford University

Foreword: Diversity In The Legal Profession: A Comparative Perspective, Deborah L. Rhode

Fordham Law Review

In principle, the legal profession in the United States and United Kingdom is deeply committed to diversity and inclusion. In practice, it lags behind. This colloquium explores what stands in the way. Leading scholars from both countries look at the gap between aspirations and achievement, and suggest some concrete strategies for change.


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