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California Egg Toss - The High Costs Of Avoiding Unenforceable Surrogacy Contracts, Jennifer Jackson Apr 2014

California Egg Toss - The High Costs Of Avoiding Unenforceable Surrogacy Contracts, Jennifer Jackson

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 …


California Egg Toss - The High Costs Of Avoiding Unenforceable Surrogacy Contracts, Jennifer Jackson Apr 2014

California Egg Toss - The High Costs Of Avoiding Unenforceable Surrogacy Contracts, Jennifer Jackson

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 …


Throwing Dirt On Doctor Frankenstein’S Grave: Access To Experimental Treatments At The End Of Life, Michael J. Malinowski Jul 2013

Throwing Dirt On Doctor Frankenstein’S Grave: Access To Experimental Treatments At The End Of Life, Michael J. Malinowski

Michael J. Malinowski

All U.S. federal research funding triggers regulations to protect human subjects known as the Common Rule, a collaborative government effort that spans seventeen federal agencies. The Department of Health and Human Services has been in the process of re-evaluating the Common Rule comprehensively after decades of application and in response to the jolting advancement of biopharmaceutical science. The Common Rule designates specific groups as “vulnerable populations”—pregnant women, fetuses, children, prisoners, and those with serious mental comprehension challenges—and imposes heightened protections of them. This article addresses a question at the cornerstone of regulations to protect human subjects as biopharmaceutical research and …


Reforming The Universal Service Fund For The Digital Age, Daniel Lyons Dec 2011

Reforming The Universal Service Fund For The Digital Age, Daniel Lyons

Daniel Lyons

The marketplace and technological changes that have occurred since the last major revision of the Communications Act in 1996 have rendered existing law and policy woefully outdated, if not obsolete. In the past fifteen years there has been a switch from analog to digital services, from narrowband to broadband networks, and, most importantly, from a mostly monopolistic to a generally competitive environment. In Communications Law and Policy in the Digital Age: The Next Five Years, some of the nation's most eminent scholars explain why communications law and policy should be changed in response to these profound marketplace transitions. And, as …


Net Neutrality: Applying (And Expanding) Nondiscrimination Norms In Cyberspace, Daniel Lyons Jul 2011

Net Neutrality: Applying (And Expanding) Nondiscrimination Norms In Cyberspace, Daniel Lyons

Daniel Lyons

The article discusses the regulations to promote net neutrality in the broadband industry by the Federal Communications Commission (FCC. It focuses on the term unreasonable discrimination taken from Section 202 of the Communications Act that restricts telephone companies and telecommunications providers. Details on benefits offered by tiering approach such as a more intelligent Internet traffic management and greater competition among broadband providers are discussed.


Preserving Identities: Protecting Personal Identifying Information Through Enhanced Privacy Policies And Laws, Robert Sprague, Corey Ciocchetti Dec 2008

Preserving Identities: Protecting Personal Identifying Information Through Enhanced Privacy Policies And Laws, Robert Sprague, Corey Ciocchetti

Robert Sprague

This article explores the developing phenomenon of the ongoing collection and dissemination of personal identifying information (PII): first, explaining the nature and form of PII, including the consequences of its collection; second, exploring one of the greatest threats associated with data collection - unauthorized disclosure due to data breaches, including an overview of state and federal legislative reactions to the threats of data breaches and identity theft; third, discussing common law and constitutional privacy protections regarding the collection of personal information, revealing that United States privacy laws provide very little protection to individuals; and fourth, examining current practices by online …


Rethinking Information Privacy In An Age Of Online Transparency, Robert Sprague Dec 2007

Rethinking Information Privacy In An Age Of Online Transparency, Robert Sprague

Robert Sprague

No abstract provided.


Googling Job Applicants: Incorporating Personal Information Into Hiring Decisions, Robert Sprague Dec 2006

Googling Job Applicants: Incorporating Personal Information Into Hiring Decisions, Robert Sprague

Robert Sprague

No abstract provided.


Business Blogs And Commercial Speech: A New Analytical Framework For The 21st Century, Robert Sprague Dec 2006

Business Blogs And Commercial Speech: A New Analytical Framework For The 21st Century, Robert Sprague

Robert Sprague

No abstract provided.


From Taylorism To The Omnipticon: Expanding Employee Surveillance Beyond The Workplace, Robert Sprague Dec 2006

From Taylorism To The Omnipticon: Expanding Employee Surveillance Beyond The Workplace, Robert Sprague

Robert Sprague

No abstract provided.