Uncoupling and the New Social Compact: A Paradigm Shift in Western Family Organisation
In: in Between Sexuality, Gender and Reproduction, Forthcoming
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In: in Between Sexuality, Gender and Reproduction, Forthcoming
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In: Minnesota Legal Studies Research Paper No. 22-18
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In: International Survey of Family Law 2019 (Margaret Brinig, ed., Intersentia, 2019)
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In: Perspectives on politics, Band 11, Heft 1, S. 241-242
ISSN: 1541-0986
In: Perspectives on politics: a political science public sphere, Band 11, Heft 1, S. 241-242
ISSN: 1537-5927
In: Michigan State Law Review, p. 49, 2011
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I agree with Professors Cahn and Collins that "eight is enough." I am perhaps more skeptical than they are about assisting Nadya Suleman, a mother who already has six children, to have more. I wonder whose funds financed fertility treatments for a single, unemployed mom on disability benefits, and, perhaps even more critically, who will fund the children's ongoing care. I am certainly concerned about the dubious ethical standards of the doctor who provided the reproductive care. But I also have serious reservations about anyone choosing to impose my views—or those of others—on the country as a whole. I therefore applaud Professors Cahn and Collins for leading with the question, "Should we regulate?" and for framing their proposals in the context of a principled distinction between regulations of the type that tend to be federally regulated in other contexts (how many embryos to implant in a single in vitro procedure, for example) and personal decisions better left to individual autonomy (such as whether a single mother ought to have more children). I fear, however, that although the distinction they draw is principled and in many ways persuasive, it is a line unlikely to stick and unlikely to fully address the ethical framework for reproductive technologies if in fact it does take hold. My concerns do not proceed from any reflexive libertarianism. I do not reject government regulations per se, nor do I believe that the market, through the magic of the unseen hand, will necessarily correct misguided decisions to implant six embryos in an unemployed thirty-two-year old. Instead, I question the framework Cahn and Collins develop for determining when and what type of regulation is appropriate. I argue for a dynamic theory of regulation, informed by the concept of evolutionary economics, that would ask not just what kind of regulations are needed, but also how regulatory implementation is likely to affect who becomes a patient, what kinds of doctors are likely to provide the services they seek, and where and when ...
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In: Family Law Quarterly, Band 39
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Working paper
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In: University of San Francisco Law Review (U.S.F.L. Rev.), Band 45, Heft 1
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In: The future of children: a publication of The Woodrow Wilson School of Public and International Affairs at Princeton University, Band 4, Heft 1, S. 183
ISSN: 1550-1558
In: 51 Arizona State Law Journal 1247 (2019)
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In: Family court review: publ. in assoc. with: Association of Family and Conciliation Courts, Band 56, Heft 3, S. 399-409
ISSN: 1744-1617
New technological and legal developments have enabled the formation of three‐parent families. Now that these families have arrived, families—and family law—must adapt to allocate responsibilities among the responsible adults.
In: Australian journal of political science: journal of the Australasian Political Studies Association, Band 53, Heft 3, S. 385-397
ISSN: 1363-030X