THE WINDING ROAD TO THE TWO-DAD FAMILY: ISSUES ARISING IN INTERSTATE SURROGACY FOR GAY COUPLES

In recent decades, medical technology has advanced rapidly to allow couples who cannot conceive using traditional means the opportunity to bear children through assisted reproductive technology (ART). These advances in ART have accompanied, and sometimes driven, societal shifts in parenting norms and the broader acceptance of non-traditional families. For lesbian, gay, bisexual and transgender (LGBT)… continue reading

BABY M: AN UNREQUITED INVITATION

In re Baby M presented a truly groundbreaking fact pattern that had not yet been adjudicated in New Jersey, and has achieved a near iconic status, in New Jersey and across the country. Its legacy is somewhat surprising, though, since the case itself did very little in terms of announcing new law. In essence, the… continue reading

DOES MASS PRODUCT TORT LITIGATION FACILITATE OR HINDER SOCIAL LEGISLATIVE REFORM? A COMPARATIVE STUDY OF TOBACCO REGULATION

Michael Moore, Mississippi State Attorney General, triumphantly proclaimed the settlement of the tobacco litigation as “the most historic public health agreement in history.” Since that moment, numerous scholars and public health advocates have lined up to debate the effectiveness of litigation in accomplishing public health policy objectives. No scholar denies the fact that litigation can have… continue reading

STUDENT NOTE: SO SUE ME: HOW CONSUMER FRAUD, ANTITRUST LITIGATION, AND OTHER KINDS OF LITIGATION CAN EFFECT CHANGE IN THE TREATMENT OF EGG-LAYING HENS WHERE LEGISLATION FAILS

Animal welfare groups like the Humane Society of the United States (HSUS) and Compassion Over Killing (COK) are diligent in their efforts to improve the lives of egg-laying hens and continue to push legislation at both the federal and state level to improve farm animal lives, but the process can be slow. What’s more, the… continue reading

SUPERMAX PRISONS: ANOTHER CHAPTER IN THE CONSTITUTIONALITY OF THE INCARCERATION CONUNDRUM

The American prison system has grown and expanded considerably over the past three decades. From 1977-2005, the amount of offenders entering prison increased by approximately 400 percent. Alongside the dramatic increase in the number of inmates came an increase in fiscal expenditures, totaling forty- three billion dollars spent in 2005 to maintain the imprisonment rates… continue reading

THE PRICE OF JUSTICE: HOW THE CAPERTON STANDARD FOR JUDICIAL RECUSAL FELL SHORT, BUT OPENED THE DOOR FOR REFORM OF THE RECUSAL STANDARDS ANYWAY

The role of a judge and his or her resulting discretion over a given case form a powerful and central feature of the legal system in the United States. While it is true that a case is “decided” by a jury, the judge who hears the matter still wields a substantial degree of control over… continue reading

POST-REFERENDUM SUDAN: THE NATION- BUILDING PROJECT AND ITS CHALLENGES

The Comprehensive Peace Agreement (“CPA”), signed on January 9, 2005, brought an end to the brutal civil war (1955-1972; 1983-2005) that engulfed Sudan since its independence in 1956. The CPA was the immediate culmination of the negotiations that ended the hostility between the National Congress Party (“NCP”) and the Sudan People’s Liberation Movement/Army (“SPLM/A”). It… continue reading