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Full-Text Articles in Law
Brian H. Stuy (With Foreward By David Smolin), Open Secret: Cash And Coercion In China's International Adoption Program, Brian H. Stuy
Brian H. Stuy (With Foreward By David Smolin), Open Secret: Cash And Coercion In China's International Adoption Program, Brian H. Stuy
David M. Smolin
Open Secret is a documentation and analysis of seriously abusive practices in China's intercountry adoption system. The article describes three kinds of abuses: baby-buying programs at Chinese orphanages, "confiscations" of children by population control officials, and "education" programs in which orphanages falsify the ages and family situation of teenagers in order to make them paper eligible for intercountry adoption. The article questions the effectiveness of the Hague legal regimen for intercountry adoption, particularly in the context of China. A brief foreward by David Smolin places Brian Stuy's extensively-researched article about adoptions from China in a broader context.
An “I Do” I Choose: How The Fight For Marriage Access Supports A Per Se Finding Of Persecution For Asylum Cases Based On Forced Marriage, Natalie Nanasi
An “I Do” I Choose: How The Fight For Marriage Access Supports A Per Se Finding Of Persecution For Asylum Cases Based On Forced Marriage, Natalie Nanasi
Natalie Nanasi
There is something special about marriage. The U.S. Supreme Court, in striking down anti-miscegenation laws, restrictions on the right to marry for disadvantaged groups, and most recently, the Defense of Marriage Act, has long recognized the marital union to be “sacred” and “fundamental to…existence.” Yet this analysis is dramatically different when courts consider asylum law, where a woman who is seeking refuge in the United States to protect her from a forced marriage abroad will likely be denied protection because the harm she fears is not considered to be a “persecutory” act. She may therefore be forced to spend a …