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Full-Text Articles in Law

Intolerable Situations And Counsel For Children: Following Switzerland's Example In Hague Abduction Cases , Merle H. Weiner Dec 2008

Intolerable Situations And Counsel For Children: Following Switzerland's Example In Hague Abduction Cases , Merle H. Weiner

American University Law Review

In the twilight days of 2007, Switzerland took decisive action to protect children who were being harmed by the application of the Hague Convention on the Civil Aspects of International Child Abduction ("Hague Abduction Convention" or "Convention"). 1 Its Parliament passed the Federal Act on International Child Abduction and the Hague Conventions on the Protection of Children and Adults ("Swiss Act"). 2 The Swiss Act, which should enter into force in mid-2009, 3 gives important and necessary guidance to Swiss courts about the phrase "intolerable situation" in Article 13(b) of the Hague Abduction Convention. 4 The Swiss Act also directs …


Are You Still My Mother, Interstate Recognition Of Adoption By Gays And Lesbians , Rhonda Wasserman Oct 2008

Are You Still My Mother, Interstate Recognition Of Adoption By Gays And Lesbians , Rhonda Wasserman

American University Law Review

Parents and their biological children routinely cross state borders safe in the assumption that the parent-child relationship will be recognized wherever they go. The central issue raised in this Article is whether the law guarantees parents and their adopted children the same security if the parents are gay. This question is part of a broader debate about the obligation of states to recognize changes in family status effected under the laws of other states, such as same-sex marriages and migratory divorces. The debate is divisive because it pits the family against the state; one state against another; and the needs …


The Upbringing Of A Creature: The Scope Of A Parent's Right To Teach Children To Hate, Brooke Emery Jan 2008

The Upbringing Of A Creature: The Scope Of A Parent's Right To Teach Children To Hate, Brooke Emery

The Modern American

No abstract provided.


Born To No Mother: In Re Roberto D.B. And Equal Protection For Gestational Surrogates Rebutting Maternity, Emily Stark Jan 2008

Born To No Mother: In Re Roberto D.B. And Equal Protection For Gestational Surrogates Rebutting Maternity, Emily Stark

American University Journal of Gender, Social Policy & the Law

No abstract provided.


View From The Ivory Tower: Musings Of A Former Family Lawyer, David Spratt Jan 2008

View From The Ivory Tower: Musings Of A Former Family Lawyer, David Spratt

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Guarantors Of Our Genes: Are Egg Donors Liable For Latent Genetic Disease, Suriya E.P. Jayanti Jan 2008

Guarantors Of Our Genes: Are Egg Donors Liable For Latent Genetic Disease, Suriya E.P. Jayanti

American University Law Review

Assisted reproductive technology ("ART"), including egg donation, is changing the topography of the American family. Heated debates and legislative battles over cloning and stem cell research reveal the complexity of the moral, scientific, and legal implications of emerging alternative reproductive methods. In fact, the field of reproductive medicine is the "Wild West" of the healthcare world where technological development is testing the boundaries of science and ethics. The legal and ethical issues intrinsic to the evolution of the egg donation industry are poised to become central topics of public debate as we, as a culture, reevaluate who and what constitutes …


Valuing All Families: An Introduction To The 2008 Santa Clara Law Review Symposium, Nancy Polikoff Jan 2008

Valuing All Families: An Introduction To The 2008 Santa Clara Law Review Symposium, Nancy Polikoff

Articles in Law Reviews & Other Academic Journals

The family has changed over time, as has the law concerning families and relationships. Thank goodness. Until recent decades, the law punished nonmarital sex, delineated separate spheres for men and women, and restricted the grounds for ending marriage. The sexual revolution, feminism, and the demand for divorce were the social phenomena that facilitated these changes. Today we take for granted that marriage is not the right dividing line for the rights and obligations of parents. We now must revise our laws to protect the economic security and emotional peace of mind of the full variety of today's families and relationships.


You Are Not The Father: How State Paternity Laws Protect (And Fail To Protect) The Best Interests Of Children, Sarah Mcginnis Jan 2008

You Are Not The Father: How State Paternity Laws Protect (And Fail To Protect) The Best Interests Of Children, Sarah Mcginnis

American University Journal of Gender, Social Policy & the Law

No abstract provided.