MAKING A MOUNTAIN OUT OF A MOLEHILL: A LAW AND ECONOMICS DEFENSE OF SAME‐SEX FOSTER CARE ADOPTIONS

This article explores the methods by which homosexual partners can adopt children from foster care, primarily via the stepparent adoption method because most jurisdictions do not recognize same‐sex marriage or civil unions. In establishing that the children in foster care constitute a market not in equilibrium, I explore the significant barriers to entry that homosexual partners must overcome in order to adopt a child, including the biased rules of intestate succession, the inability of homosexuals to secure health insurance or other governmental subsidies for their nonbiological, adopted children, and the apparent misconception that homosexual parenting negatively affects the well‐being of the child. By deconstructing the barriers to entry in the foster care market for children, children will be afforded the opportunity to maximize their utility through permanency, and homosexual parents and the general public can maximize their utility through the reallocation of assets away from the foster care market, given that more children are likely to be adopted once homosexuals are granted unfettered adoption rights. The reallocation of assets away from the foster care market increases social efficiency, which is desired by all.     

收养弃婴中的非法行为及法律规制

弃婴是当前收养子女的重要来源。我国《收养法》虽已颁行多年,但由于立法不完善、人们了解和重视程度不一以及收养执法上存在不到位不规范等各种原因,使生活实践中收养弃婴行为存在一些突出问题。需要通过进一步完善立法、加强教育和规范执法等多种途径来加以解决。     

EMBRYO ADOPTION

With the rise of in vitro fertilization, society wrestles with a new dilemma—what is the destiny of all unused embryos? Although some suggest using the embryos for scientific research, others advocate giving them up for adoption. This article therefore explores the moral and legal issues surrounding embryo adoption, its advantages and disadvantages, and its impact on families. In comparing embryo adoption to traditional adoption, this article concludes that embryo adoption is an effective alternative.     

Adopting (in)equality in the UK: the Equality Act 2010 and its impact on charities

This article considers the relationship between the Equality Act 2010 and the Charities Act 2011 (in Scotland, the Charities and Trustee Investment (Scotland) Act 2005) in the context of adoption by same-sex couples and the complex exceptions to the Equality Act that charities may be able to rely upon in order to continue to discriminate. It concludes that the law is confusing to the point of opacity, to the detriment of those seeking to exercise their rights and those called on to adjudicate conflicts.     

E-Government users’ privacy and security concerns and availability of laws in Dubai

The purpose of the study was to review privacy and security concerns and their impact on e-government adoption in Dubai. The research analyzed the literature on e-government, security and privacy concerns of e-government adoption and the legislative provision relating to privacy and security protection. A survey on e-government user concerns on privacy, security and ease of use was also carried out. The data for the survey in this research were collected from 190 respondents in Dubai. The results of the analysis revealed that perceived security, privacy and perceived ease of use were important constructs in e-government adoption. The analysis of legal framework showed that the Federal Constitution, the Penal Code, the new Data Protection Act and the Computer Crime Act could be used to address various privacy and security concerns. Thus, it is important that the policy makers facilitate an appropriate awareness campaign of the existence of both information privacy and security to attract more participation towards the e-government services.     

Adoption of Performance Measurement: Evidence of Mexican Municipalities

In this article we define and estimate empirical models to study the determinants of adoption of performance indicators by Mexican municipalities. Building upon previous studies, we prove whether the adoption decision depends on the locality size, variables related to resources, and the political/cultural differences. We implement the empirical models using the data from 300 municipalities for the year 2000. Unlike related literature that relies on surveys applied to local officials, our data from independent and dependent variables were obtained from different sources in order to avoid common-source bias. The estimated logit and probit models confirm the hypotheses.     

The Importance of Professionalism: A Quantitative and Qualitative Look at Why Some U.S. Counties Do More on the Web than Others

Recent research indicates that many local governments are doing little to provide information and services to their citizens via the Internet, so more needs to be known about the underlying reasons for governments' adoption of web technology. A two-stage research project, statistical analysis followed by qualitative investigation, of a stratified random sample of American counties reveals the importance of advocacy by motivated individuals, both appointed and elected. The findings from both stages of this research underscore the importance of motivated professionals who choose to actively promote web technologies.     

What price a child? Commodification and Australian adoption practice 1850–1950

The issue of premiums has always proved problematic for advocates of benevolent adoption for whom the involvement of money tainted an exchange that was meant to be grounded in love. This paper argues that the shifting relationship between supply and demand has meant that there has always been a market in children and that adoption was one of the more prominent mechanisms used to regulate that exchange. Drawing on a database of 25000 advertisements placed in Australian newspapers during the so-called century of the child, it analyses the ways in which children were rendered desirable in a competitive market. Analysing the more than 3000 advertisements in which it was made clear that money, known at the time as a premium, was to change hands, it casts new light on the commodification process involved in adoption, identifying a mismatch between the preferences of those seeking and those needing to dispose of children. It identifies a market that was highly responsive to the environment in which it was operating and proved remarkably resilient in the face of the increasing regulation of adoption. By viewing adoption through the lens of the market, it questions the notion that the ‘best interests of the child’ have always necessarily prevailed.     

Policy adoption in dynamic international environments: Evidence from national AIDS programs

The policy adoption is often seen as a function of internal determinants, external determinants, or a combination of the two. In the years since the start of the HIV/AIDS epidemic nearly every country in the world has adopted of some nature a program to combat the epidemic. This article demonstrates the mixed mechanisms influencing the adoption of AIDS programs, in a quantitative study of 90 countries. Prior studies have claimed that multilateral organizations were vital to global action against the HIV/AIDS epidemic. This study provides empirical evidence showing the actions taken by the multilateral organizations have both helped and hindered efforts to combat the HIV/AIDS epidemic. Copyright © 2009 John Wiley & Sons, Ltd.     

Paths to the recognition of homo-parental adoptive rights in the EU-27: a QCA analysis

Although the recognition of the adoptive rights of LGBT (lesbian, gay, bisexual, and transgender) couples is a socially salient topic, cross-national variation regarding this issue has been largely underexplored in social science research. With the aid of configurational analysis, this article fills this gap and shows the conditions that explain the recognition of the adoptive rights of homosexual couples in the countries of the EU-27. It is argued that two different paths led to this outcome. All countries where adoptive rights were recognized had higher degrees of secularization and lower levels of social homophobia. In addition, in Northern European countries, the Protestant background and absence of conservative governments for a certain time period seemed to be the determinant. However, for the remaining European countries that recognized these rights, rising levels of gender equality appeared to have a more salient role.