Open Access. Powered by Scholars. Published by Universities.®
- Publication
Articles 1 - 4 of 4
Full-Text Articles in Law
Preventative Legislation Ensures Intended Parents Of Gestational Surrogacy Benefits Under The California Family Rights Act, Jennifer Jackson
Preventative Legislation Ensures Intended Parents Of Gestational Surrogacy Benefits Under The California Family Rights Act, Jennifer Jackson
Jennifer Jackson
We live in a rapidly evolving technological age, which now allows parents to enter surrogacy contracts. In such a world, the law often lags in catching up to technology and the ramifications that may ensue. This paper focuses on the California Family Rights Act (CFRA) and the consequences it has on surrogacy agreements and the rights intended parents. While the CFRA includes broad language as to the definition of a “child,” case law shows that surrogate born children may be unintentionally excluded. As a result, this paper analyzes the arguments both for and against revision to the CFRA and concludes …
Tell Us A Story, But Don't Make It A Good One: Resolving The Confusion Regarding Emotional Stories And Federal Rule Of Evidence 403, Cathren Page
Cathren Page
Abstract: Tell Us a Story, But Don’t Make It A Good One: Resolving the Confusion Regarding Emotional Stories and Federal Rule of Evidence 403 by Cathren Koehlert-Page Courts need to reword their opinions regarding Rule 403 to address the tension between the advice to tell an emotionally evocative story at trial and the notion that evidence can be excluded if it is too emotional. In the murder mystery Mystic River, Dave Boyle is kidnapped in the beginning. The audience feels empathy for Dave who as an adult becomes one of the main suspects in the murder of his friend Jimmy’s …
Deprivative Recognition, Erez Aloni
Deprivative Recognition, Erez Aloni
Erez Aloni
Family law is now replete with proposals advocating for the legal recognition of nonmarital relationships: those between friends, relatives, unmarried intimate partners, and the like. The presumption underlying these proposals is that legal recognition is financially beneficial to partners. This assumption is sometimes wrong: Legal recognition of relationships can be harmful to unmarried partners--a reality whose impact on policy concerning regulation of nonmarital unions has not been explored. As this Article shows, a significant number of people benefit financially from nonrecognition of their relationships. While in most cases the state turns a blind eye to this financial gain, when it …
Deprivative Recognition, Erez L. Aloni
Deprivative Recognition, Erez L. Aloni
Erez Aloni
Family law is now replete with proposals advocating for the legal recognition of nonmarital relationships: those between friends, relatives, unmarried intimate partners, and the like. The presumption underlying these proposals is that legal recognition is financially beneficial to partners. This assumption is sometimes wrong: Legal recognition of relationships can be harmful to unmarried partners--a reality whose impact on policy concerning regulation of nonmarital unions has not been explored. As this Article shows, a significant number of people benefit financially from nonrecognition of their relationships. While in most cases the state turns a blind eye to this financial gain, when it …