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An Unreliable Reporter
No full textAs part of the legal profession’s tradition of self-regulation, attorneys have an ethical obligation to ensure that those within it are fit to practice. Given the gravity associated with accusing another lawyer of misconduct, it is not surprising that many are reticent to speak up. But what would happen if attorneys were pressured to vigorously pursue sanctions against their opponents, even if those sanctions may be unwarranted? President Trump’s recently-issued memorandum arguably does just that, mandating the Attorney General to seek court and disciplinary sanctions for lawyers and law firms that appear to violate ethics rules. This Essay explains how this directive may put some federal government attorneys in a conundrum where they will have to choose between placating the Administration or standing firm, and it explores the ethical and other professional consequences that may follow from their choice
The Native Fight for Hunting Rights: The Crow Tribe and \u3ci\u3eHerrera v. Wyoming\u3c/i\u3e
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On Parentage, Genetics, and Surrogacy
No full textBans in some jurisdictions, combined with relative affordability in others, have turned surrogacy into an increasingly cross-border phenomenon. Meanwhile, the complex and varied approaches to legal parentage and surrogacy that exist in domestic jurisdictions, along with a lack of international oversight, have at times left children of surrogacy parentless or stateless. The decision of the Hague Conference on Private International Law to begin regulating legal parentage in international surrogacy arrangements is thus an important and welcome development. However, the Hague Conference is considering imposing new genetic requirements that could result in violations of the rights to equality and non-discrimination of intended parents, surrogates, and children of surrogacy. This article argues that genetic relatedness should not be dispositive when determining legal parentage in international surrogacy arrangements. Intended parents—not surrogates— should be recognized as the legal parents of their children, even when the intended parents have not contributed gametes and the surrogates have. Although genetic relatedness may be a key factor for determining parentage in other circumstances, treating the contribution of gametes as essential to legal parentage in the context of surrogacy is unnecessary and can produce unjust results. Families formed through surrogacy should not be torn apart or reconfigured solely on the basis of genes
International Human Rights in a Nutshell
No full textAn updated and expanded edition of the widely used overview of international human rights law for students, practitioners, and professors. Provides a comprehensive overview of the international, regional and domestic human rights systems, as well as the treatment of human rights treaties and norms within the U.S. legal system. Reviews recent developments in the field, including in the UN, European, OAS and African human rights systems, as well as the adoption of new conventions and the issuance of key new judicial decisions. Introduces the history behind international human rights, including the institutional context from which they evolved. An unparalleled resource for beginning students as well as more experienced practitioners needing an accessible introduction to an increasingly important substantive field.https://digitalcommons.law.ou.edu/fac_books/1073/thumbnail.jp
