Family Law Commons^™

The Political Economy And Legal Regulation Of Transnational Commercial Surrogate, Cyra Akila Choudhury

Faculty Publications

This Article breaks new ground by closely reading the emerging ethnographic accounts of surrogacy to establish that current feminist frames are incomplete. It incorporates the political economy of surrogacy, the economic relationship of surrogacy to the Indian state, and the political economy of surrogates’ families, which have all been missing from the current dialogue. The Article concludes that the benefits of surrogate labor outweigh its disadvantages and develops a new framework — of surrogacy as labor — that will, for the first time, protect the surrogate as worker.Surrogacy, as a fairly open regulatory field, provides feminists with a unique opportunity …

Saving Face: Acid Attack Laws After The U.N. Convention On The Elimination Of All Forms Of Discrimination Against Women, Lisa M. Taylor

Georgia Journal of International & Comparative Law

No abstract provided.

There's No Place Like Home. Determining Habitual Residence: Feder V. Evans-Feder, Katherine V. Hung

Georgia Journal of International & Comparative Law

No abstract provided.

Access For Access: Ensuring Access To Federal Courts For Parents Seeking To Exercise Rights Of Access Under The Hague Convention On The Civil Aspects Of International Child Abduction, Katherine L. Olson

Catholic University Law Review

Each year, thousands of children are abducted across international borders, often by one of their parents. The Hague Convention on the Civil Aspects of International Child Abduction (Hague Convention) and its implementing legislation, the International Child Abduction Remedies Act (ICARA), provide recourse to the non-abducting parent. However, recent cases in the U.S. Courts of Appeal for the Fourth and Second Circuits have created a circuit split on the issue of whether rights of access, in contrast to rights of custody, convey a private right of action in U.S. federal courts under the Hague Convention. This Comment examines this circuit split …

The Ill Effects Of A United States Ratification Of The Hague Convention On Protection Of Children And Co-Operation In Respect Of Intercountry Adoption, Gina M. Croft

Georgia Journal of International & Comparative Law

No abstract provided.

Procreating From Prison: Evaluating British Prisoners' Right To Artificially Inseminate Their Wives Under The United Kingdom's New Human Rights Act And The 2001 Mellor Case, Pollybeth Proctor

Georgia Journal of International & Comparative Law

No abstract provided.

Airplane Trips And Organ Banks: Random Events And The Hague Convention On Intercountry Adoptions, Curtis Kleem

Georgia Journal of International & Comparative Law

No abstract provided.

What Is In A Name: Why The European Same-Sex Partnership Acts Create A Valid Marital Relationship, Edward Brumby

Georgia Journal of International & Comparative Law

No abstract provided.

A Difficult Situation Made Harder: A Parent's Choice Between Civil Remedies And Criminal Charges In International Child Abduction, Donyale N. Leslie

Georgia Journal of International & Comparative Law

No abstract provided.

To Comply Or Not To Comply? Brazil's Relationship With The Hague Convention On The Civil Aspects Of International Child Abduction, Amanda M. Waide

Georgia Journal of International & Comparative Law

No abstract provided.

Hey Uncle Sam! Maybe It's Time To Stop Condoning Child Abductions To Mexico, Antoinette Newberry Wood

Georgia Journal of International & Comparative Law

No abstract provided.

Comity Of Errors: Foreign Same-Sex Marriages In New York, Gennaro Savastano

Touro Law Review

No abstract provided.

Doe V. Doe, Noam Sohlberg, Miriam Naor, Salim Joubran

Translated Opinions

[This abstract is not part of the Court's opinion and is provided for the reader's convenience. It has been translated from a Hebrew version prepared by Nevo Press Ltd. and is used with its kind permission.]

An appeal on a judgment of the District Court, granting the Respondent's motion for the issuance of a permanent injunction to prohibit the Appellant from publishing and distributing a book written by him, which unfolds the intimate relationship between the parties. The Appellant was further charged to pay damages to the Respondent for her non-pecuniary damages. The main question deliberated was the proper balance …

A Hague Convention On Contract Pregnancy (Or ‘Surrogacy’): Avoiding Ethical Inconsistencies With The Convention On Adoption, Andrew Botterell, Carolyn Mcleod

Law Publications

In the past, the Hague Conference on Private International Law has shaped how people can become the legal parents of children born in countries other than their own. It did so by creating the 1993 Hague Convention on Intercountry Adoption. It is now interested in developing a convention on international contract pregnancy (or what many call “surrogacy”). We discuss in this commentary what such a convention would have to include for it to be ethically consistent with the Convention on Adoption.

Understanding The Decline In Transnational Adoption Channels: Whether The Children In Families First Act Is An Effective Response To The Exploitation Of Orphans, Jade Glory

Loyola University Chicago International Law Review

No abstract provided.

You've Got [International] Mail! A Comment On Bakala V. Bakala, Renee Ballew

South Carolina Journal of International Law and Business

No abstract provided.

Ready, Set, Go To Federal Court: The Hague Child Abduction Treaty, Demystified, Jennifer Baum

Faculty Publications

(Excerpt)

The Hague Convention on the Civil Aspects of International Child Abduction may sound intimidating, but is easily demystified. Since 1980, signatory nations have agreed that parents should not be permitted to forum shop among countries when it comes to custody of their children. The Hague Convention requires the prompt repatriation of children under 16 years of age who were wrongfully removed by a parent from the country in which they had been living, except in certain very limited circumstances (some of which are discussed in more detail, below). The Convention does not address or permit the alteration of custody …

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

Faculty Journal Articles and Book Chapters

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 …

Student Comment: “Love Is Patient, Love Is Kind”: A Comparative Study Helping The United States Reach Marriage Equality, Nicole Rush

University of Baltimore Journal of International Law

This paper evaluates same-sex marriage policies in three industrialized countries: the Netherlands, the United Kingdom and Canada. In assessing the legislative and judicial history of same-sex marriage policies in each country, as well as other influential factors leading to these policies, this research helps to create a roadmap to reach a nationwide policy for the United States. By comparing the current history of the United States’ same-sex marriage policies to that of the aforementioned countries, it is possible to develop a plan to achieve marriage equality in the U.S.

Transforming Family Law Through Same-Sex Marriage: Lessons From (And To) The Western World, Macarena Saez

Scholarly Articles in Law Reviews & Journals

Same-sex marriage is a 21st century phenomenon. In less than 13 years more than 15 countries have amended their marriage laws to include same-sex couples. Some countries have made the change through political decisions but others have reached the change through adjudicative processes. A comparative analysis of decisions from the highest courts of countries or states granting marriage to same-sex couples demonstrates: 1. similar arguments are presented to these courts when making the case for and against same-sex marriage; 2. courts are using comparative law to justify their decisions on same-sex marriage; 3. the majority of courts in these countries …

The Adoption Of Children In Judaism And In Israel; A Conceptual And Practical Review, Mark Goldfeder

Scholarly Works

Religion has played a fairly significant role in the history of adoption law, both in the U.S. and internationally. Although there are plenty of questions raised by religion in the context of adoption, one particular issue revolves around whether or not religion should factor into a "best interests of the child" placement determination. Whether or not it should factor into the determination, in practice religion often plays a part in the legal determination of which home will provide the best and most supportive environment for an adopted child. While much has been written about the legal aspect of putting a …

Inter-Country Adoption And The Special Rights Fallacy, James G. Dwyer

Faculty Publications

No abstract provided.

The Hague Convention And Domestic Violence: Proposals For Balancing The Policies Of Discouraging Child Abduction And Protecting Children From Domestic Violence, Shani M. King

UF Law Faculty Publications

The Hague Convention on the Civil Aspects of International Child Abduction (the Convention) was enacted in response to a pattern of parental abduction across international borders to thwart or preempt custody arrangements in one country and seek a more advantageous setting for litigating custody issues in another. Consequently, the Convention was designed to discourage the abduction of children across international borders and to encourage respect for custody and access arrangements in countries from which children were abducted. To implement the Convention, the United States enacted the International Child Abduction Remedies Act (ICARA) on April 29, 1988. Much has been written …

Globalization And Law: Law Beyond The State, Ralf Michaels

Faculty Scholarship

The chapter provides an introduction into law and globalization for sociolegal studies. Instead of treating globalization as an external factor that impacts the law, globalization and law are here viewed as intertwined. I suggest that three types of globalization should be distinguished—globalization as empirical phenomenon, globalization as theory, and globalization as ideology. I go on to discuss one central theme of globalization, namely in what way society, and therefore law, move beyond the state. This is done along the three classical elements of the state—territory, population/citizenship, and government. The role of all of these elements is shifting, suggesting we need …

Frozen Embryo Disposition In Cases Of Separation And Divorce: How Nahmani V. Nahmani And Davis V. Davis Form The Foundation For A Workable Expansion Of Current International Family Planning, Ceala E. Breen-Portnoy

Maryland Journal of International Law

No abstract provided.

Rumors Of The Sharia Threat Are Greatly Exaggerated: What American Judges Really Do With Islamic Family Law In Their Courtrooms, Asifa Quraishi-Landes

NYLS Law Review

No abstract provided.

Hollingsworth V. Perry, Brief For Foreign And Comparative Law Experts Harold Hongju Koh Et. Al. As Amici Curiae Supporting Respondents, Harold Hongju Koh, Sarah H. Cleveland, Laurence R. Helfer, Ryan Goodman

Faculty Scholarship

No abstract provided.

Why Eu Work-Family Reconciliation Policies Fail In Italy: A Feminist Legal Analysis, Chrystal Orozco

Master's Theses

Following the establishment of the European Parental Leave Directive (96/34/EC), the female employment rate in Italy is still ranked the third lowest in the European Union (EU) and Italian women continue to do twice as much household work as Italian men. Parents, especially women, struggle to find a balance between professional work and their family lives in a society that encourages the traditional gendered roles of the housewife and the breadwinner. The following study is a theoretical analysis of the Parental Leave Directive and the potential domestic influences that may prevent Italy from progressing socially towards gender equality. This study …

The Child's Right To Be Heard And Represented In Judicial Proceedings , Howard A. Davidson

Pepperdine Law Review

No abstract provided.

National Report: Uruguay , Walter Howard

American University Journal of Gender, Social Policy & the Law

No abstract provided.