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An Immodest Proposal for Birth Registration in Donor-Assisted Reproduction, In the Interest of Science and Human Rights
Get PDFIncreasingly, an individual or a couple raising a newborn child may not be biologically related to the child. The child may be conceived with donated gametes -- a donated egg or sperm or both. A surrogate may gestate the child. The couple may be same-sex. Although we are aware of these developments, we are failing to collect information about them that is vital for medical, public health, and social science research as well as for protecting human rights. Information drawn from birth records is crucial for research, but it is becoming less accurate and less useful as parents who are not biologically related to their children succeed in having their names listed as the child’s birth parents. Whether or not the intended parents’ names appear on birth certificates, the certificates fail to provide the children with a full account of their biological origins and their legal and social status. And the predecessor “certificates of live births” filled out by birth attendants fail to fulfill their traditional function of advancing medicine, public health, and social science. These failures represent serious losses for both the children and the society. The article examines the failures and makes an “immodest proposal” to separately document biological parentage, genetic and gestational, on one hand, and social and legal parentage on the other. This would promote a society that supports all families, while recognizing individuals as complex products of “nature and nurture.” Under the proposal, the confidential “certificate of live birth” prepared by birth attendants would be revised to include relevant information about all of an individual’s parents, biological and social. And the states would issue, in place of today’s birth certificate, a “certificate of parentage” that simply and truthfully documents the individual’s legal identity. The states would retain and make available to adult individuals upon request the more complete information recorded at birth, thereby respecting the needs and desires and advancing the rights of individuals conceived with donated gametes
Impacts of the Circumspection of Women’s Rights Abroad on International Adoption
Get PDFInternational adoption has been lauded and derided by the public since its initial surge into popularity following the Second World War. While international adoptions are regulated by numerous legal instruments (international and domestic), problems of gender discrimination, exploitation, and human trafficking are widespread and systemic. This article examines the impacts of the circumspection of women’s rights generally and women’s reproductive rights on international adoption. Ultimately this article argues that foreign policy initiatives promoting women’s reproductive freedoms economic empowerment would mitigate the problematic features of international adoption and they would be an important step toward reducing adoption rates generally. This article will explore avenues through which the United States can advance these causes, by way of the available international legal institutions and agreements, in addition to its foreign policy activities
Officer\u27s murder highlights Baltimore\u27s truancy problems
No full textThe tragic death of Baltimore County Police Officer Amy Caprio shines a glaring light on the critical need to tackle school truancy, which is often linked to crime
Feminist Judgments & #MeToo
Get PDFThe Feminist Judgments book series and the #MeToo movement share the feminist method of narrative. Feminist Judgments is a scholarly project of rewriting judicial opinions using feminist legal theory. #MeToo is a narrative movement by people, primarily women, telling their stories of sexual harassment or assault. Both Feminist Judgments and #MeToo bring to the surface stories that have been silenced, untold, or overlooked. These narrative collections can and do effectuate genderjustice change by empowering people, changing perspectives, opening up new learning, and affecting future legal and nonlegal outcomes
China’s Approaches to the Western-dominated International Law: A Historical Perspective from the Opium War to the South China Sea Arbitration Case
Get PDFChina’s approaches to international law are an example of non-Western peoples’ perspectives towards the Western-dominated international law. How has China understood and interacted with the Western- dominated international law since its modern history? This research provides a historical and evolutionary framework for “China and international law” to reveal China’s approaches to the Western dominated international law since the Opium War. It finds that China is historically critical and culturally conservative, and since the Opium War, it has interacted with the Western-dominated international law in a reluctant, instrumental and pragmatic way. The research concludes that the final goal of China’s participation in international society and interaction with the Western-dominated international law has always been national rejuvenation. The South China Sea arbitration case illustrates the growing divergences between Chinese perceptions of international law and the Western-dominated international law that result from clash of ignorance” rather than a “clash of civilizations.” Structural biases and systematic violence of Eurocentrism in the Western dominated international law and international legal scholarship are integral components of the “clash of ignorance,” and the rise of China could be an opportunity to rectify them with a more democratic and balanced approach
The Surveillance Gap: The Harms of Extreme Privacy and Data Marginalization
Get PDFWe live in an age of unprecedented surveillance, enhanced by modern technology, prompting some to suggest that privacy is dead. Previous scholarship suggests that no subset of the population feels this phenomenon more than marginalized communities. Those who rely on public benefits, for example, must turn over personal information and submit to government surveillance far more routinely than wealthier citizens who enjoy greater opportunity to protect their privacy and the ready funds to secure it. This article illuminates the other end of the spectrum, arguing that many individuals who may value government and nonprofit services and legal protections fail to enjoy these benefits because they reside in a “surveillance gap.” These people include undocumented immigrants, day laborers, homeless persons, and people with felony conviction histories suffering collateral consequences of their convictions. Members of these groups often remain outside of the mainstream data flows and institutional attachments necessary to flourish in American society. The harms that surveillance gap residents experience can be severe, such as physical and mental health injuries and lack of economic stability, as well as data marginalization and resulting invisibility to policymakers. In short, having too much privacy can be as injurious as having too little. The sources of the surveillance gap range from attempts to contain and control marginalized groups to data silos to economic exploitation. This article explores the boundaries of the surveillance gap, evaluates how this emerging concept fits within existing privacy paradigms and theoretical frameworks, and suggests possible solutions to enhance the autonomy and dignity of marginalized people within the surveillance gap
In the Face of Brexit, the United Kingdom Has No Choice but to Provide Data Protection for Individuals, Organizations and Law Enforcement Agencies by Updating Their Legal Framework, which is Based Upon a 20-Year-Old Act.
Get PDFThe United Kingdom currently relies upon the Data Protection Act of 1998 (DPA 1998) to set the legal framework for the protection of data. That act is nearly 20-years-old and should be updated to echo the way in which data is now used and generated in an ever-evolving digital world. Due to Brexit, there is a need to protect data through stronger laws governing data protection that will also set up appropriate safeguards. The Data Protection Bill, introduced to the House of Lords on September 13, 2017 has the potential to do just that. Not only does this Bill have the potential to set new standards for data protection, but it can provide people with more control over their data, including rights to either move or delete personal data, all while assisting both law enforcement and intelligence services in the protection of rights of witnesses, suspects, and victims