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Full-Text Articles in Law
Due Date: Enforcing Surrogacy Promises In The Best Interest Of The Child, Browne C. Lewis
Due Date: Enforcing Surrogacy Promises In The Best Interest Of The Child, Browne C. Lewis
Law Faculty Articles and Essays
Professor Lewis argues that the courts should apply contract principles and not family law principles to resolve surrogacy disputes. Since children are unique, Professor Lewis argues, courts should presume that the contract should be specifically enforced. As a result, the intended mother should be adjudicated the legal mother. However, Professor Lewis further argues the the surrogate should be able to present evidence of changed circumstances to rebut the presumption of specific performance and permit the court to determine maternity based upon the best interests of the child.
Squeezing Subjectivity From The Doctrine Of Unconscionability, Paul Bennett Marrow
Squeezing Subjectivity From The Doctrine Of Unconscionability, Paul Bennett Marrow
Cleveland State Law Review
Issues of unconscionability are most often encountered in two arenas: commercial agreements and family law agreements. In the first arena this Article proposes that the analysis should focus on the impact of a suspect term on the integrity of the contracting system or to an enabling statute. If a contract term materially undermines or compromises the integrity of the system for contracting or the integrity of an enabling statute, it should be found unconscionable. In the family law arena things differ because of the substance of the relationships involved and because the need for mutual consideration is de-emphasized. Accordingly, in …
Contract Sports, Martha M. Ertman
Contract Sports, Martha M. Ertman
Cleveland State Law Review
I explore ways that the private law of commerce can be imported to the private law of domestic relations to remedy family law's inadequacy and inequality. Existing domestic relations law posits heterosexual marriage as naturally superior to other forms of intimate affiliation, rendering the others (such as cohabitation, same-sex sexuality, and polyamory) unnatural and inferior. As such, it fails to recognize many intimate affiliations. Two examples of bridging the divide between private business law and private family law that I discuss in this essay are cohabitation contracts and Premarital Security Agreements. Importing private business models to domestic relations law has …