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Full-Text Articles in Law

Critiquing The 2008 Model Act: Redefining "Consent" And Implications Of Intent-Based Parenthood For Posthumous Reproduction, Amy Lai Dec 2010

Critiquing The 2008 Model Act: Redefining "Consent" And Implications Of Intent-Based Parenthood For Posthumous Reproduction, Amy Lai

Amy Lai

My paper critiques the Model Act governing Assisted Reproductive Technology proposed by the American Bar Association in February 2008, for its unnecessarily stringent, one-size-fits-all consent standard governing posthumous reproduction, as well as its far-reaching implications for federal and state legislatures, despite the purportedly modest language of the statute. The paper, by weighing several pertinent factors relating to consent and posthumous conception, advocates a lesser consent standard for the use of deposited, cryopreserved gametes. In addition, it argues that the Model Act promulgates intent-based parenthood which in turn affirms bridging an arbitrary gap between consent and inheritance. Gloria Banks' constructive/ prospective …


Chalimony: Seeking Equity Between Parents Of Children With Disabilities And Chronic Illnesses, Karen Czapanskiy Aug 2010

Chalimony: Seeking Equity Between Parents Of Children With Disabilities And Chronic Illnesses, Karen Czapanskiy

Karen Czapanskiy

Many thousands of children experience serious disabling conditions such as autism and debilitating chronic illnesses such as asthma. Caring for these children is often so demanding that caregiving parents cannot remain employed outside the home. Parental resources available to these children are also limited because an unusually high percentage of them live with only one parent. Nonetheless, surprisingly few cases involving families with a disabled or chronically ill child appear in the family law case law or scholarly literature. Even where child support and alimony are concerned, these families are seen only at the margins. In my recent article, I …


Beni Personali E Acquisto Di Immobili Dopo Il Matrimonio, Valerio Sangiovanni Apr 2010

Beni Personali E Acquisto Di Immobili Dopo Il Matrimonio, Valerio Sangiovanni

Valerio Sangiovanni

No abstract provided.


The Proper Guardians Of Foster Children’S Educational Interests, Margaret Ryznar, Chai Park Jan 2010

The Proper Guardians Of Foster Children’S Educational Interests, Margaret Ryznar, Chai Park

Margaret Ryznar

The United States Supreme Court has enumerated a constitutionally protected parental right to control the upbringing of one’s child that includes the right to direct the child’s education. The states, meanwhile, have differed in their interpretation and application of this principle when foster children’s educational interests conflict with their biological parents’ wishes. Specifically, although some states permit the judicial limitation of parental rights over children’s education during foster care placement, others do not. This Article is among the first to consider the benefits and consequences of each approach in the context of parents’ rights and children’s best interests.


Family Solidarity Versus Social Solidarity In The United States, Sanford N. Katz Dec 2009

Family Solidarity Versus Social Solidarity In The United States, Sanford N. Katz

Sanford N. Katz

No abstract provided.