Judicial conformity versus dissidence: an economic analysis of judicial precedent

The individual decision made by a judge does not only reflect his personal preferences about a case but also the expected response of the judicial community to the decision. We propose an analysis of judicial attitudes towards precedent based on the adoption externalities associated with legal rules. The situation is modelled as a coordination problem within a sequential game of two periods in which judges play a bandwagon strategy.     

两岸中小企业私募债券比较研究

本文针对两岸中小企业私募债券，从发展现状和制度法规两方面进行比较研究。研究结果表明：相较于大陆中小企业私募债券存在制度法规不健全、发债主体受限、风险大、透明度低、流动性低等问题，台湾地区建立了较为完备的体系，仅在转售和信息披露方面存在问题。最后，依据台湾地区的成功经验和不足，提出了进一步发展和完善大陆地区中小企业私募债券市场的建议。     

Establishing Identity: How Direct‐to‐Consumer Genetic Testing Challenges the Assumption of Donor Anonymity

The rise of direct‐to‐consumer genetic testing is challenging the rules and expectations of the fertility industry concerning donor anonymity. While ethicists debate whose rights should prevail, many donor conceived people, recipient parents and donors are currently sharing their genetic information, along with methods to identify genetic links, in vast online communities, invalidating donor anonymity and providing a platform for those who advocate globally for legislative change to support donor‐linking practices. This article looks at why it is important to access this information in relation to identity and kinship formation and how the Family Court Community can apply this knowledge in order to achieve better outcomes for children and families.     

Court Considerations in the Termination of Parental Rights: A Comprehensive Analysis of Israeli Court Decisions

Court decisions to terminate parental rights (TPR) have a major impact on parents and children, but the decision‐making process is unclear. Analysis of 261 Israeli TPR court cases indicated the dominance of considerations relating to normative parental functioning, the parents' ability to change, the impact of separating a child from his family, the parents' social normativity and educational ability. The legal considerations relate to the importance of the biological family, the necessity of adoption and the importance of a fair legal process. Insufficient consideration is accorded to cultural differences in parenting practices and the voice of the child.     

Let's Make a Brand New Start of it in Old New York: Using Mediation to Resolve Open Adoption Disputes

There is no general consensus of how to handle disputes arising from open adoption agreements. Some states have statutes mandating mediation, but New York does not. This Note proposes that New York enact a statute that mandates adoptive and birth parents use mediation for disputes arising from open adoption agreements. The proposed statute provides a comprehensive approach to mediation by setting forth when mediation is appropriate and when it is not. The statute will also provide when the child's preference can be taken into consideration, and who will pay for mediation.     

Adoption and Victorian culture

In 1888, evangelical, educator and feminist Constance Maynard adopted Effie Anthon, a six year old girl from a Salvation Army orphanage. Her mother, Rosabianca Fasulo was an unmarried, Italian woman recently “rescued” by the Salvation Army. Maynard anticipated that Effie would one day join her at her college but she met none of the expectations for her. She entered domestic service but fell ill with tuberculosis and died in a workhouse in 1915. This is one particular case history of an adoption when the practice was not yet formalized but small numbers began to adopt children unknown to them. It tentatively opens up the history of adoption in Victorian Britain. It also illuminates some broader questions about family ties, the meanings associated with motherhood, and how the body and character formation were understood.     

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.     

Market segmentation in child adoption

The system for the adoption of children is not working well. The dysfunction of the adoption system manifests itself in an excess demand for healthy white babies and excess supply of older children, minority children, or those with disabilities. A market solution can increase the number of adoptions for older children, minority children or children with disabilities. Recognizing the heterogeneity of children and taking account of those differences will yield price differentiation in segmented markets. Such differentiation is especially important in the market for adopted children where the lifetime consequences of a poor match can be severe; more information about child attributes can only improve child-adopter matches. Revenues from the sale of adoption rights for highly demanded children could subsidize the adoption of the less desired children. The time to adoption will decrease and more of the less desired children will be adopted; the sum of consumer (adoptive parents) plus producer (biological mothers or the adoption agencies) surplus will rise and eliminate sub rosa markets for the more desired children.