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Full-Text Articles in Law

Perpetuating Ageism Via Adoption Standards And Practices, Sara C. Mills Aug 2010

Perpetuating Ageism Via Adoption Standards And Practices, Sara C. Mills

Sara C Mills

More than a quarter of Americans consider adoption at some point in their lives. During the adoption process, courts strive to promote and foster the children’s best interests, but this often involves discriminatory decisions that deprive older adoptive parents of the same opportunities as younger adoptive parents. Discrimination in adoption proceedings is nothing new, and legislators, courts, and scholars have explored how it impacts minorities, same-sex couples, single parents, and divorcees. However, age discrimination in adoption also exists, and courts condone it by approving placements that are dictated by private agencies’ discriminatory ideologies. This article thus provides the first systematic …


Perpetuating Ageism Via Adoption Standards And Practices, Sara C. Mills Mar 2010

Perpetuating Ageism Via Adoption Standards And Practices, Sara C. Mills

Sara C Mills

More than a quarter of Americans consider adoption at some point in their lives. During the adoption process, courts strive to promote and foster the children’s best interests, but this often involves discriminatory decisions that deprive older adoptive parents of the same opportunities as younger adoptive parents. Discrimination in adoption proceedings is nothing new, and legislators, courts, and scholars have explored how it impacts minorities, same-sex couples, single parents, and divorcees. However, age discrimination in adoption also exists, and courts condone it by approving placements that are dictated by private agencies’ discriminatory ideologies. This article thus provides the first systematic …


Ghosts In The Postmodern Family, Annette Appell Jan 2010

Ghosts In The Postmodern Family, Annette Appell

annette appell

As legal theory and doctrine respond to the range and complexity of biological and social connections that increasingly compose families, they evoke a bionormative nuclear family framework for lesbian and gay families, stepfamilies and families created with outsourced reproductive materials or labor. This Article questions this approach because it disregards the complex foundational roles of biological relationships in American jurisprudence and fails to appreciate the unique aspects of kinship in these postmodern families. Instead, this Article anchors the postmodern family law movement in the physical, social and economic conditions that affect the most disaffected among us: those who are socially, …


Child Laundering And The Hague Convention On Intercountry Adoption: The Future And Past Of Intercountry Adoption, David M. Smolin Jan 2010

Child Laundering And The Hague Convention On Intercountry Adoption: The Future And Past Of Intercountry Adoption, David M. Smolin

David M. Smolin

The United States ratification of the 1993 Hague Convention on Intercountry Adoption became effective April 1, 2008, amidst a context of declining numbers of intercountry adoptions and increasing media attention to corruption and child trafficking in the intercountry adoption system. There is a need to sort out the connections between these events, and chart a course for the future. This article includes an extensive discussion of the work of preparation of the Hague Convention on Intercountry Adoption. The article demonstrates that concerns with child trafficking in the intercountry adoption system were a central impetus to the creation of the Convention. …


Credit For Motherhood, Melissa Jacoby Dec 2009

Credit For Motherhood, Melissa Jacoby

Melissa B. Jacoby

This essay builds on prior work exploring the impact of consumer lenders who sell credit products for assisted reproduction and adoption. After reviewing some basic attributes of the parenthood lending market, the essay discusses how not-for-profit lenders promote traditional conceptions of motherhood and the division of carework in ways that credit discrimination laws were not designed to address. The essay also articulates some incentives of for-profit lenders to sell motherhood and potential implications for women who are ambivalent about becoming parents.