Family Law Commons^™

Currency Of Love: Customary International Law And The Battle For Same-Sex Marriage In The United States, 14 U. Pa. J.L. & Soc. Change 53 (2011), Sonia Bychkov Green

UIC Law Open Access Faculty Scholarship

No abstract provided.

Transcript: Globalisation Of The Hague Children's Conventions With Emphasis On The Child Abduction Convention, William Duncan

Oklahoma Law Review

No abstract provided.

Memorandum: Accommodating The Uccjea And The 1996 Hague Convention, Robert G. Spector

Oklahoma Law Review

No abstract provided.

The Meaning Of "Habitual Residence" Under The Hague Convention On The Civil Aspects Of International Child Abduction And The Hague Convention On The Protection Of Children, Jeff Atkinson

Oklahoma Law Review

No abstract provided.

Global Child Welfare: The Challenges For Family Law, Ann Laquer Estin

Oklahoma Law Review

No abstract provided.

To The Orphaned, Dispossessed, And Illegitimate Children: Human Rights Beyond Republican And Liberal Traditions, Siba N. Grovogui

Indiana Journal of Global Legal Studies

After the Helsinki Accords, the collapse of the Soviet Union and its empire, and the collapse of states in Africa and elsewhere, many in the West have come to envisage the enforcement of human rights as a practical matter. Human rights are thus incorporated in normative regimes under the rubrics of either the rule of law or the responsibility to protect to be held against the purveyors of violence. I do not discount the normative underpinnings of the related stands taken today by states and transnational and national civil society organizations. I wish to insist on the futility of envisaging …

The Maria Da Penha Case And The Inter-American Commission On Human Rights: Contributions To The Debate On Domestic Violence Against Women In Brazil, Paula Spieler

Indiana Journal of Global Legal Studies

This article aims to demonstrate the contributions of the Maria da Penha case and the Inter-American Commission on Human Rights (IACHR) Report of 2001 to the debate on domestic violence against women in Brazil, with special emphasis to the adoption of the Maria da Penha Law. The IACHR was the first international human rights organ to bring to light the problem. Beside contributing to internal changes, this case has great relevance as it was the first one of domestic violence analyzed by the Inter-American Commission. It revealed the systematic pattern of violence against women in the country.

Human Rights and …

National Report: Belgium, Frederik Swennen, Yves-Henri Leleu

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Getting To Stay: Clarifying Legal Treatment Of Improper Adoptions, Elena Schwieger

NYLS Law Review

No abstract provided.

Seeking The Better Interests Of Children With A New International Law Of Adoption, Richard Carlson

NYLS Law Review

No abstract provided.

Permanency Is Not Enough: Children Need The Nurturing Parents Found In International Adoption, Elizabeth Bartholet

NYLS Law Review

No abstract provided.

Reflections On The Special Humanitarian Parole Program For Haitian Orphans, Whitney A. Reitz

NYLS Law Review

No abstract provided.

Same-Sex Marriage, Same-Sex Cohabitation, And Same-Sex Families Around The World: Why “Same” Is So Different?, Macarena Saez

American University Journal of Gender, Social Policy & the Law

No abstract provided.

National Report: Canada, Marie-France Bureau

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Exporting Subjects: Globalizing Family Law Progress Through International Human Rights, Cyra Akila Choudhury

Faculty Publications

This article examines the global export of domestic U.S. legal projects and strategies in the realm of family law and gender justice to South Asia. While such projects have undoubtedly achieved substantial gains for women in the U.S., there have also been costs. At a remove of two decades, scholars have now begun to theorize those costs and argue that feminism needs to reconsider its commitments to particular projects that have been held central to women’s emancipation. Yet much of these critiques have not reached the transnational women’s movements that are led by U.S. feminist activists and scholars. Relying on …

"Please Let Me Stay": Hearing The Voice Of The Child In Hague Abduction Cases, Linda Elrod

Oklahoma Law Review

No abstract provided.

The Hague Convention On Child Abduction And Unilateral Relocations By Custodial Parents: A Perspective From The United States And Europe -- Abbott, Neulinger, Zarraga, Linda J. Silberman

Oklahoma Law Review

No abstract provided.

The Problem Of Parental Relocation: Closing The Loophole In The Law Of International Child Abduction, Maryl Sattler

Washington and Lee Law Review

No abstract provided.

Partitioning Paternity: The German Approach To A Disjuncture Between Genetic And Legal Paternity With Implications For American Courts, Shelly Ann Kamei

San Diego International Law Journal

This paper will address the strengths and weaknesses of the German approach as well as the potential use of this approach by American states, with particular emphasis given to the conflict between the right to know one’s origins and a child’s right to care and support. Part II discusses the challenge of defining legal paternity in an age of genetic certainty. It will first give a brief explanation of how courts have used functional–social and genetic considerations in defining legal paternity. It will then evaluate the legal implications of this approach on the rights of the father, mother, and child. …

Protecting And Promoting The Human Right To Respect For Family Life: Treaty-Based Reform And Domestic Advocacy, Ryan Mrazik, Andrew I. Schoenholtz

International Migrants Bill of Rights Symposium

This article examines the right to respect for family life in international law, focusing on its underlying principles and explicit protections. The article identifies these legal norms so that drafters of international treaties, specifically the International Migrants Bill of Rights, and United States legal practitioners representing immigrant children can incorporate the right to respect for family life into their drafting and advocacy, thereby protecting and promoting this critical human right.

To encourage both high-level, international treaty-based reform and the grassroots domestic advocacy necessary to comprehensively protect and promote this right, this article provides specific ideas for incorporating the right to …

International Commercial Surrogacy And Its Parties, 43 J. Marshall L. Rev. 1009 (2010), Margaret Ryznar

UIC Law Review

No abstract provided.

Challenging Monohumanism: An Argument For Changing The Way We Think About Intercountry Adoption, Shani M. King

UF Law Faculty Publications

The Convention on the Rights of the Child' (CRC) provides a legal framework that establishes a child's right to be raised in the context of her family and her culture. We regularly violate this most fundamental right of children because we fail to come to terms with our imperialist orientation toward the world. This failure has been caused, in part, by how we have constructed our way of thinking about intercountry adoption. We now have a conception of intercountry adoption that I refer to in this Article as MonoHumanism. In the context of intercountry adoption, MonoHumanism means that children …

International Human Rights Law, Co-Parent Adoption, And The Recognition Of Gay And Lesbian Families, Elizabeth Burleson

Elisabeth Haub School of Law Faculty Publications

Children would benefit substantially if governments legally recognized same sex marriages and parenting. This article analyzes international human rights law, co-parent adoption, and the legal recognition of gay and lesbian families. It addresses civil marriage and adoption challenges for same sex families and assesses European Court of Human Rights jurisprudence relating to same-sex adoption. This Article considers the international community's efforts to implement the best interest of the child standard concluding that recognition of same sex families is in the best interest of the child and should be facilitated in a timely manner by jurisdictions at all levels.

Intolerable Situations And Counsel For Children: Following Switzerland's Example In Hague Abduction Cases , Merle H. Weiner

American University Law Review

In the twilight days of 2007, Switzerland took decisive action to protect children who were being harmed by the application of the Hague Convention on the Civil Aspects of International Child Abduction ("Hague Abduction Convention" or "Convention"). 1 Its Parliament passed the Federal Act on International Child Abduction and the Hague Conventions on the Protection of Children and Adults ("Swiss Act"). 2 The Swiss Act, which should enter into force in mid-2009, 3 gives important and necessary guidance to Swiss courts about the phrase "intolerable situation" in Article 13(b) of the Hague Abduction Convention. 4 The Swiss Act also directs …

Inferring A Right To Permanent Family Care From The United Nations Convention On The Rights Of The Child, The Hague Convention On Intercountry Adoption, And Selected Scientific Literature, Laura Matney Shapiro

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Bus Bombings And A Baby's Custody: Insidious Victories For Terrorism In The Context Of International Custody Disputes, Andrew Zashin

Faculty Publications

This article will address the problematic intersection of terrorism and child custody battles. The most immediate consequences of a terrorist attack are loved ones lost and buildings reduced to rubble. These losses are devastating, shocking and scary. But to end an analysis of terrorist victories with a body count is a fatal mistake. Americans fervently shout we cannot let "them" win, but how do we decide if they are winning? What do the terrorists want? It is not the goal of terrorists to simply kill Americans, causing death and destruction. That is merely a horrific means to their end. Terrorists …

The Illusion Of Transformative Conflict Resolution: Mediating Domestic Violence In Nicaragua, Raquel Aldana, Leticia M. Saucedo

Buffalo Law Review

No abstract provided.

International Adoption: Thoughts On The Human Rights Issues, Elizabeth Bartholet

Buffalo Human Rights Law Review

No abstract provided.

The Good, The Bad & The Ugly - A New Way Of Looking At The Intercountry Adoption Debate, Jena Martin

Law Faculty Scholarship

No abstract provided.

The Good, The Bad & The Ugly - A New Way Of Looking At The Intercountry Adoption Debate, Jena Martin

Faculty Articles

The two sides of the intercountry adoption debate seem worlds apart. Proponents view international adoption as an effective solution to stop the proliferation of institutionalized and street orphans across the globe. To them, intercountry adoption is a panacea-offering a potential solution to such diverse issues as children orphaned after war and disaster; adults who are unable to conceive; global intolerance; and the limited resources of developing nations. On the other hand, critics of intercountry adoptions view it as modem-day imperialism, allowing dominant, developed cultures to strip away a developing country's most precious resources, its children. Moreover, the view one holds …