TO REGULATE OR NOT TO REGULATE: THE NEED FOR COMPLIANCE WITH INTERNATIONAL NORMS BY GUATEMALA AND COOPERATION BY THE UNITED STATES IN ORDER TO MAINTAIN INTERCOUNTRY ADOPTIONS

The United States will be entering into force the Hague Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption by the end of 2007. At this time, all intercountry adoptions that occur between the United States and one of the 70 other countries that also have entered the Hague Convention into force must be done according to Hague protocol. Guatemala has entered the Convention into force but its adoption practices do not currently align themselves with Convention requirements. The U.S. State Department has threatened that intercountry adoptions between the United States and Guatemala will come to a complete stop if Guatemala's conditions are not reformed. One out of every 100 children born in Guatemala is adopted by an American family and in the 2006 fiscal year, the United States adopted 4,135 Guatemalan babies. This high number placed Guatemala as the second country from which the United States adopted the most children in 2006 second only to China. A structured compromise must be established between the United States and Guatemala in order to ensure the continued provision of homes to Guatemala babies in America while Guatemala reforms its malignant adoption practices.     

EXTENDING COMITY TO FOREIGN DECREES IN INTERNATIONAL CUSTODY DISPUTES BETWEEN PARENTS IN THE UNITED STATES AND ISLAMIC NATIONS

International custody disputes involving parents and children from Islamic nations and the United States have yielded a spectrum of interpretation of Islamic Shari'a law and the best interests of the child. The lack of a determinative treaty between the United States and all but one Islamic nation has led to an inconsistency of criterion in determining whether to extend comity to a custody decree from a court of an Islamic nation. The domestic law statutes, which determine jurisdiction in these matters, have provisions for international application and recognition of foreign custody decrees. The recognition of custody decrees from the courts of Islamic nations is contingent upon the satisfying of procedural and substantive thresholds. Focusing on the substantive, the author opines that American courts have a responsibility to understand certain aspects of the law, culture, and religion of Islam in order to accurately determine if the threshold has been meet.     

UNITED STATES COURTS AND THE OPTIMAL DETERRENCE OF INTERNATIONAL CARTELS: A WELFARIST PERSPECTIVE ON EMPAGRAN

E. Hoffmann–La Roche Ltd. v. Empagran S.A. concerned aprivate antitrust suit for damages against a global vitaminscartel. The central issue in the litigation was whether foreignplaintiffs injured by the cartel's conduct abroad could bringsuit in U.S. court, an issue that was ultimately resolved inthe negative. We take a welfarist perspective on this issueand inquire whether optimal deterrence requires U.S. courtsto take subject matter jurisdiction under U.S. law for claimssuch as those in Empagran. Our analysis considers, in particular,the arguments of various economist amici in favor of jurisdictionand arguments of the U.S. and foreign government amici againstjurisdiction. We explain why the issue is difficult to resolve,and identify several economic concerns that the amici donot address, which may counsel against jurisdiction. We alsoanalyze the legal standard enunciated by the Supreme Court andapplied on remand by the D.C. Circuit, and we argue that itsfocus on "independent" harms and "proximate" causation is problematicand does not provide an adequate economic foundation for resolvingthe underlying legal issues.     

INTERCOUNTRY ADOPTIONS: INSTITUTING EDUCATIONAL PROGRAMS IN THE ADOPTION PROCESS TO FACILITATE AWARENESS OF CULTURAL IDENTITY ISSUES

In 1995, China first claimed the designation as the number one location for parents from the United States seeking to adopt children. The children, for the most part girls, are between 6 and 20 months old, when they are adopted. Most of the girls that were adopted in 1995 are now entering into their preteen years, and if they have not already confronted the issue of who they are, they will soon be forced to. Adoption is a complicated and emotional process that affects the entire family. Traditionally, parents who adopt have been able to consciously choose when and how they will first tell their child that they are adopted. However, when the adopted child is a member of a transracial family, where the parents and adoptive child are obviously of a different race, this decision can sometimes be taken out of their hands by a stranger thoughtlessly asking, “Is she yours?” The parents who choose to adopt from a foreign country should be prepared to answer this question and numerous others before they bring their adopted child home. This note will explore the concept of incorporating educational programs into the intercountry adoption process as an effective method of educating prospective parents on the challenges that transracial families will confront.     

THE EVOLUTION OF THE GOVERNMENT-BUSINESS RELATIONSHIP IN THE UNITED STATES: COLONIAL TIMES TO PRESENT

Everything has a history. At least part of the answer to any question about the contemporary world can come from studying the circumstances that led up to it⃜The more you understand about these past influences, the more you will know about the present subject to which they are related.¹     

COMPARING ANTITRUST ENFORCEMENT IN THE UNITED STATES AND EUROPE

Among the many important changes wrought by Regulation 1/2003are the decentralization of responsibility for enforcing EUcompetition law from Brussels to Member States and the creationof the European Competition Network to encourage coordinationand information-sharing among the 26 competition authoritiesin the EU. This article contrasts Europe's new system of competitionenforcement under Regulation 1/2003 with that of the UnitedStates. I focus upon two of the more significant features ofthe U.S. system: the dual legislative and enforcement authorityof the States and the Federal Government, and private enforcement.The Commission is presently evaluating measures to facilitateprivate enforcement and is set to release a Green Paper on thattopic later this year. I highlight a few characteristics thathave made private enforcement such a significant component ofthe U.S. antitrust regime, in some ways and at some times providingtoo much incentive for plaintiffs, at the expense of neutralor procompetitive business activity.     

CHILD SUPPORT IN THE UNITED STATES

This article reports on the results of a telephone survey conducted with a random sample of households screened for eligibility to receive child support in the state of Colorado. Despite the recent enactment of ambitious child legislation at the state and federal levels, the accounts of 731 custodial parents reveal a massive level of unmet need, with child support problems being most extreme for those never married to the chilďs other parent. These mothers typically lack an order establishing a legal obligation to pay child support and have incomes that fall below the poverty level. Overall, women of Colorado with child support orders received only about half of the support they were due, and 73 per cent of all women due support reported that they had experienced problems in collecting support either currently or in the past. The average amount of back due child support owed to the 60 per cent of women in the sample who reported an arrearage was $12,000. Analysis revealed that payment behaviour tracked with the length of time since separation with payment patterns worsening over time and irregular visitation and/or the presence of problems around child access. Female obligors exhibited the same payment patterns as their male counterparts but were more apt to maintain visitation. The article documents the dramatic, negative economic consequences of irregular or missing child support payments for custodial parents, and discusses the additional legal and financial commitments needed to improve the situation. The efficacy of private child support transfers to achieve an adequate standard of living for all children is called into question.     

A REGIONAL ANALYSIS OF HOMICIDE RATES IN THE UNITED STATES

Variations in regional homicide rates are examined in order to determine whether or not these areas are homogeneous An analysis of varbnce repeatedly isolates southern regions as having pronounced homicide rates. Intraregional varintions are noted. They indicate a need for a revision of Gastil's “Index of Southernness.” Finally, varktions are interpreted within a subcultural context.     

WHO KILLS WHOM IN SPOUSE KILLINGS? ON THE EXCEPTIONAL SEX RATIO OF SPOUSAL HOMICIDES IN THE UNITED STATES*

A hitherto unremarked peculiarity of homicide in the United States is that women kill their husbands almost as often as the reverse. For every 100 US. men who kill their wives, about 75 women kill their husbands; this spousal “sex ratio of killing” (SROK) is more than twice that in other Western nations. Our analyses of spousal homicide samples from the United States, Canada, Australia, and Great Britain indicate that this contrast cannot be attributed to greater gun use in the United States, nor to a domain-general convergence of the sexes in their uses of violence. Significant predictors of the spousal SROK include registered versus de facto marriage, coresidency versus separation, ethnicity, and age disparity, but the impacts of these variables are not sufficient to explain the differences between US. and other nations’victim sex ratios.