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Relevant bibliographies by topics / Wrongful adoption

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Academic literature on the topic 'Wrongful adoption'

Author: Grafiati

Published: 4 June 2021

Last updated: 30 July 2024

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Journal articles on the topic "Wrongful adoption"

1

Kopels, Sandra. "Wrongful Adoption: Litigation and Liability." Families in Society: The Journal of Contemporary Social Services 76, no. 1 (January 1995): 20–29. http://dx.doi.org/10.1177/104438949507600103.

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Carmichael, Jason T., and Stephanie L. Kent. "The Racial Politics of Due Process Protection." Criminal Justice Review 42, no. 1 (January 11, 2017): 58–76. http://dx.doi.org/10.1177/0734016816684925.

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Discoveries of wrongful convictions have increased substantially over the last several decades. During this period, practitioners and scholars have been advocating for the adoption of policies aimed at reducing the likelihood of convicting a person for a crime they did not commit. Implementing such policies are vitally important not only because they help ensure that the innocent do not receive unwarranted sanctions or that the guilty go unpunished but also because cases of wrongful conviction can erode public confidence in the criminal justice system and trust in the rule of law. To avoid such outcomes, many states have adopted policies through legislation that aim to reduce system errors. It remains unclear, however, why some states appear more willing to provide due process protections against wrongful convictions than others. Findings suggest that dimensions of racial politics may help explain the reluctance of some states to adopt protections against wrongful convictions. Specifically, interaction terms show that states with a Republican governor and a large African American population are the least likely to adopt policies aimed at protecting against wrongful convictions. We thus identify important differences in the political and social context between U.S. states that influence the adoption of criminal justice policies.

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Hicks, William D., Kevin J. Mullinix, and Robert J. Norris. "The Politics of Wrongful Conviction Legislation." State Politics & Policy Quarterly 21, no. 3 (March 22, 2021): 306–25. http://dx.doi.org/10.1017/spq.2020.4.

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AbstractWrongful convictions are an increasing salient feature of criminal justice discourse in the United States. Many states have adopted reforms to mitigate the likelihood of wrongful convictions, discover errors, and provide redress in the wake of exonerations, yet we know little about why some are seemingly more committed to reducing such errors than others. We argue that public opinion is consequential for policy reform, but its effects are contingent on the electoral vulnerability of state lawmakers. We also suggest that advocacy organizations play a critical role in policy adoption. Incorporating data from all 50 states from 1989 to 2018, we investigate the adoption of five types of wrongful conviction reforms: (1) changes to eyewitness identification practices, (2) mandatory recording of interrogations, (3) the preservation of biological evidence, (4) access to postconviction DNA testing, and (5) exoneree compensation. Our results highlight a more nuanced view of how public opinion shapes policy.

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Maley, John R. "Wrongful Adoption: Monetary Damages as a Superior Remedy to Annulment for Adoptive Parents Victimized by Adoption Fraud." Indiana Law Review 20, no. 3 (January 3, 1987): 709–34. http://dx.doi.org/10.18060/2696.

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Koteich, Milagros. "“Wrongful adoption”: ¿hipótesis emergente de responsabilidad patrimonial en Colombia?" Revista de Derecho Privado, no. 28 (June 18, 2015): 437. http://dx.doi.org/10.18601/01234366.n28.13.

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Yin, Desheng, and Xinting Zhen. "Employment Protection and Banking Power: Evidence from Adoption of Wrongful Discharge Laws." Sustainability 13, no. 4 (February 3, 2021): 1635. http://dx.doi.org/10.3390/su13041635.

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Human capital and labor costs are crucial for the sustainable growth of organizations, and take a vital role in affecting bank efficiency and banking power. This research empirically investigates whether labor employment protection affects banking power. The analysis exploits the staggered adoption of Wrongful Discharge Laws (WDLs) as a quasi-exogenous shock to employment protection. A Difference-In-Difference research design is implemented to study the impacts of WDLs on banking power, and the main results show that there exists a decline of banking power for commercial banks headquartered in states that adopt employment protection. This study further tests the main mechanism through which WDLs affect banking power and finds that the impaired banking power is primarily due to cost inefficiency but not profit inefficiency. Moreover, the adoption of wrongful discharge laws increases commercial banks’ labor costs and induces bank risk-taking.

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Green, Bruce A. "Should Prosecutors Be Expected to Rectify Wrongful Convictions?" Texas A&M Law Review 10, no. 2 (February 2023): 167–218. http://dx.doi.org/10.37419/lr.v10.i2.1.

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In 2008, the American Bar Association amended the Model Rules of Professional Conduct to address prosecutors’ post-conviction conduct. Model Rules 3.8(g) and (h) establish the remedial steps a prosecutor must take after achieving a criminal conviction when confronted with significant new evidence of an injustice. They require prosecutors to disclose the new exculpatory evidence and to take reasonable steps to initiate an investigation, and if clear and convincing evidence then establishes the convicted defendant’s innocence, the prosecutors’ office must take reasonable steps to rectify the injustice. Since then, 24 state judiciaries have adopted versions of one or both rules. Although prosecutors in those states have not reported problems with the rules, state and federal prosecutors often oppose their adoption in the remaining states, including in Texas where the model provisions have been under consideration for over a year. Prosecutors’ objections generally sound one of three themes. First, some prosecutors contest that they should be responsible for investigating and rectifying wrongful convictions. Second, some assert that because they can be counted on to rectify wrongful convictions, the rules serve no useful purpose but instead simply impugn prosecutors’ ethics. Third, some insist that the rules will unduly burden them—the rules demand too much of prosecutorial time and resources; they are too imprecise; or they will provoke unfounded disciplinary complaints to which prosecutors must respond. After providing background into the rules’ development, this Article examines prosecutors’ objections to adopting Model Rules 3.8(g) and (h) and explains why those objections are unpersuasive.

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Bodansky, Daniel, and John R. Crook. "Introduction and Overview." American Journal of International Law 96, no. 4 (October 2002): 773–91. http://dx.doi.org/10.2307/3070677.

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In August 2001, the International Law Commission (ILC) adopted its “Draft Articles on the Responsibility of States for Internationally Wrongful Acts,” bringing to completion one of the Commission’s longest running and most controversial studies. On December 12, 2001, the United Nations General Assembly adopted Resolution 56/83, which “commend [ed the articles] to the attention of Governments without prejudice to the question of their future adoption or other appropriate action.”

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Pacht, Laurence T. "The Case for a Convention on State Responsibility." Nordic Journal of International Law 83, no. 4 (November 1, 2014): 439–75. http://dx.doi.org/10.1163/15718107-08304003.

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At the time of adopting the Articles on the Responsibility of States for Internationally Wrongful Acts, in 2001, the International Law Commission recommended, inter alia, that the General Assembly of the United Nations consider the possibility of negotiating a convention on the basis of the Articles. On four occasions, since 2001, the member states in the Sixth Committee of the General Assembly have been divided on whether to do so. Nonetheless, the most recent such debate, held in 2013, revealed a strong undercurrent of support among the states for convening a diplomatic conference to negotiate a treaty. However, this trend is not reflected in much of what has been written and argued in the public space, which has been almost entirely in opposition to a convention. The main argument for such opposition has been that a treaty negotiation would set back the development of the law either through the adoption of a flawed text or through failure to reach agreement. The present article seeks to scrutinise the viability of such a prognosis, by both responding to the arguments made against a treaty negotiation and by offering some reasons for supporting the negotiation of a convention on the responsibility of states for internationally wrongful acts.

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Girgis, Jassmine. "Corporate Directors’ Disqualification: The New Canadian Regime." Alberta Law Review 46, no. 3 (June 1, 2009): 677. http://dx.doi.org/10.29173/alr222.

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An insolvent time in a corporation’s life may compel directors to engage in reckless behaviour and wrongful conduct to hide the state of financial distress from creditors as the directors attempt to trade out of insolvency. Currently, Canadian legislation does little to protect from this type of situation. In this article, the author examines the different schemes in the United Kingdom, specifically directors’ personal liability and the director disqualification scheme, and argues that the disqualification scheme has been successful for protecting creditors. The author then considers the Canadian provisions currently in place that allow for the removal of directors and concludes that the adoption of a disqualification scheme, especially under the federal insolvency power, should be seriously considered.

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Dissertations / Theses on the topic "Wrongful adoption"

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Junker, Claudia [Verfasser]. "Pflichtverletzung, Kindesexistenz und Schadensersatz. : Wrongful Life, Wrongful Birth, Wrongful Pregnancy, Wrongful Adoption & Wrongful Parenthood. / Claudia Junker." Berlin : Duncker & Humblot, 2020. http://d-nb.info/1238311466/34.

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Olovson, Natali. "Hacking for the State? : The Use of Private Persons in Cyber Attacks and State Responsibility." Thesis, Försvarshögskolan, 2020. http://urn.kb.se/resolve?urn=urn:nbn:se:fhs:diva-10218.

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While there are many examples to turn to regarding the thriving phenomenon of private persons being exploited to launch cyber attacks on behalf of states, this thesis will direct it’s attention onto two special cases. Russia has been accused of being the state actor behind the cyber attacks on Estonia in 2007 and Georgia in 2008. The cases are chosen as Estonia have been recognised as the first coordinated cyber attack on a foreign country, and Georgia being the first case were cyber attacks have been utilised in synchronisation with military action. The purpose of the thesis is to analyse the facts of each case in relation to the International Law Commission’s Draft Articles on Responsibility of States for Internationally Wrongful Acts (DARSIWA). The analysis will work through article 4, article 5, article 8 and article 11. The main question is how Russia may be hold as legally responsible under international law for the private conduct of ’patriotic’ hackers, the Nashi Youth Group and the Russian Business Network. The thesis concludes that while the circumstances of each case highly indicate state-involvement, this cannot be proven under the respective criterias of the articles and Russia does therefore not bear legal responsibility.

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Books on the topic "Wrongful adoption"

1

Lisa, Peterson, ed. Wrongful adoption: Law, policy, & practice. Washington, D.C: CWLA Press, 1998.

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2

author, Swain Shurlee, and Cuthbert Denise author, eds. The market in babies: Stories of Australian adoption. Clayton, Vic: Monash University Publishing, 2013.

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Regueiro, Sabina Amantze. Apropiación de niños, familias y justicia: Argentina, 1976-2012. Rosario [Argentina]: Prohistoria Ediciones, 2013.

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Junker, Claudia. Pflichtverletzung, Kindesexistenz und Schadensersatz. Wrongful Life, Wrongful Birth, Wrongful Pregnancy, Wrongful Adoption & Wrongful Parenthood. (Schriften zum Internationalen Recht; SIR 130). Duncker & Humblot GmbH, 2002.

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Odyssey of an unknown father: The complete book on wrongful adoption. Tucson, Ariz: Wheatmark, 2009.

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Swain, Shurlee, Denise Cuthbert, and Marian Quartly. Market in Babies: Stories of Australian Adoption. Monash University Publishing, 2013.

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Swain, Shurlee, Denise Cuthbert, and Marian Quartly. Market in Babies: Stories of Australian Adoption. Monash University Publishing, 2013.

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Swain, Shurlee, Denise Cuthbert, and Marian Quartly. Market in Babies: Stories of Australian Adoption. Monash University Publishing, 2013.

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9

Market in Babies: Stories of Australian Adoption. ReadHowYouWant.com, Limited, 2016.

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Hodgson, Jacqueline S. The Metamorphosis of Criminal Justice. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780199981427.001.0001.

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The focus of this book is the potentially radical and fundamental changes that are taking place within criminal justice in Britain and in France and the ways that these are driven by wider domestic, European, or international concerns. This metamorphosis away from established values and practices is eroding what were once regarded as core rights and freedoms in the name of efficiency, security, and justice to victims. Beginning with a comparative analysis of adversarial and inquisitorial procedural values and traditions, and an examination of broad trends in domestic and European criminal justice, the book then discusses how the roles of prosecution and defense have been reshaped in different ways in both jurisdictions—both in the text of the law and in their practices. The final part considers how systems within different procedural traditions adapt to address, or provide a remedy for, systemic flaws that produce wrongful convictions and, in particular, the role of the defense in these procedures. By adopting a comparative approach with France, the study explores the nature and reach of these trends, the ways that they challenge and disrupt criminal processes and values, and the contrasting responses that they provoke. It reveals how criminal justice traditions continue to be shaped in different ways by broader policy and political concerns; how different systems adapt, change, and distort when faced with (sometimes conflicting) pressures domestically and externally; and how different procedural values may serve to structure or limit reform, and so work to facilitate or resist change.

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Book chapters on the topic "Wrongful adoption"

1

Norrie, Kenneth McK. "Adoption of Children." In A History of Scottish Child Protection Law, 336–86. Edinburgh University Press, 2020. http://dx.doi.org/10.3366/edinburgh/9781474444170.003.0013.

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The practice of adoption of children, and the terminology, existed in Scotland long before it was created as a legislative process. This chapter looks at the roots of adoption of children, in the benign informal adoption arrangements families and communities made, and in the malign money-driven practice of “baby-farming”. Demands for regulation grew after the First World War, and the Parliamentary debates on what became the Adoption of Children Act 1926 is covered in some detail. Thereafter the chapter explores all the legislative changes, bringing in forbidden degrees, damages for wrongful death and succession, this presented to show how adoption only gradually embraced the “full-transference of parenthood” model that it has today. The change throughout the 20^th century from an essentially private arrangement to the end-game of public law child protection processes is analysed in some detail, especially in relation to the court’s ability to dispense with parental consent. Finally, the motivations behind the sub-adoption order, known as the Permanence Order, created in 2007, is examined.

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Brank, Eve M. "Becoming a Parent and “Making” a Family." In The Psychology of Family Law, 58–78. NYU Press, 2019. http://dx.doi.org/10.18574/nyu/9781479865413.003.0005.

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How we define who are the members of our family is evolving. With the medical advancements of assisted reproductive technology there are now more avenues for someone to become a parent. In contrast, adoption has deep roots in history, but there are new issues. For example, we know more about the stigma of adoption and racial, or cultural, issues related to adoption. Case law on wrongful adoption also raises important issues about the mental and physical health of a child. We also have more ways to avoid or control reproduction with contraception and greater access to abortions. With each of these constants, or advancements, there are important psychological and legal antecedents and consequences to consider.

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de Stefano, Carlo. "The Meaning of Attribution." In Attribution in International Law and Arbitration, 5–26. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198844648.003.0002.

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Chapter I offers a reconstruction of the definition of attribution for the purposes of State responsibility for internationally wrongful acts, drawing from the history and travaux of the process of codification of the international law of State responsibility that resulted in the adoption by the International Law Commission in 2001 of the text of the ARSIWA (Draft Articles on Responsibility of States for Internationally Wrongful Acts). This part emphasizes the preliminary operation and role of rules of attributability in comparison to the other ‘secondary’ rules of international law. In addition, it discusses the threshold principle of the supremacy of international law in order to convey the autonomous dimension of attributability issues in international law vis-à-vis municipal law. Last, it illustrates the distinction between issues of attribution, on the one hand, and issues of jurisdiction and of State immunity, on the other.

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Rodríguez-Piñero, Luis. "Integration in Practice: the Implementation of Convention No 107 (1959–89)." In Indigenous Peoples, Postcolonialism, and International Law, 215–56. Oxford University PressOxford, 2005. http://dx.doi.org/10.1093/oso/9780199284641.003.0008.

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Abstract Having analysed the process that led to the adoption of the first international legal standards on indigenous populations and their content, it is time to analyse how these specific standards worked in practice. The fall from grace of the ideals enshrined in Convention No 107 led to its revision three decades after its adoption. Much has been written and said about the wrongful character of the objectives in the convention, but considerably less is known about how those objectives were applied. The history of the application of the convention constitutes a source for tracing the emergence of the contemporary regime on indigenous peoples, and a key element in understanding Convention No 169—a text that draws on the historical experience of the application of its antecedent.

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Matthias, Herdegen. "Dispute Settlement in the WTO." In Principles of International Economic Law, 3e. Oxford University Press, 2024. http://dx.doi.org/10.1093/law/9780198897835.003.0021.

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This chapter discusses the dispute settlements in the World Trade Organization (WTO). It enumerates the three stages of the WTO dispute settlement process after detailing the establishment of the Dispute Settlement Body (DSB) by the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU). Essentially, the DSU sped up the entire dispute settlement process. Moreover, the DSU facilitates the adoption of findings and recommendations given by expert committees dealing with a dispute before introducing an appeal mechanism. Despite the sometimes ambiguous language of the DSU, the member found in breach of WTO law has an obligation of full compliance in terms of withdrawing the wrongful measure.

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Gasbarri, Lorenzo. "Functionalism." In The Concept of an International Organization in International Law, 17–32. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780192895790.003.0002.

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Functionalism is conventionally considered the mainstream paradigm of the law of international organizations: organizations are agents of their member states by the means of a contractual relationship; the law created by international organizations is purely international law; the institutional veil is characterized by a crystallin transparency; the autonomy of the organization is minimal and only granted by a rigid conferral of competences and few implied powers; the conduct of member states acting in the institutional forum is relevant as a matter of international law. This chapter introduces the historical roots of this conceptualization and elaborates why under this perspective the rules of the organizations are purely international law. It describes the flaws of this theory, discussing the breach of institutional rules by the organization and the adoption of countermeasures against a wrongful act committed by a member state.

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Fox, Dov. "Procreation Deprived." In Birth Rights and Wrongs, 99–112. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780190675721.003.0008.

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When professional negligence renders sex cells unusable or reproductive capacities inoperative, shattered dreams of pregnancy and parenthood find little solicitude under American law. Our legal system fails to recognize reproductive suffering from which a plaintiff’s body and bank account emerge unscathed—because tort law usually compensates for intangible losses only if they’re closely connected to material ones. But people deprived of procreation can’t point to any bodily harm or financial setback that’s tied directly to the injury they’ve suffered. Claims almost always fail because patients don’t incur any property damage (eggs and embryos aren’t considered property) or physical intrusion (aside from whatever medical procedure they freely agreed to). Besides, courts point out, even if fertility treatment goes as planned, patients might not have been able to conceive or carry a pregnancy to term anyway—and they can still adopt. Judges who don’t dismiss these suits outright keep a tight rein on damage awards; these courts miss the centrality of procreation to aspiring parents and the magnitude of its wrongful deprivation. Still, badly behaving specialists shouldn’t be liable for the infertility that patients already suffered from, or other reproductive complications they would have anyway, no matter what quality medical care they received. Probabilistic recovery offers a principled way to compute damages for the wrongful destruction of gametes or embryos under these circumstances. The availability of adoption doesn’t negate this reproductive loss or the need for our laws to redress it. Genetic affinity assumes profound meaning in American family life and law.

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Rudolf, Dolzer. "X Attribution." In Principles of International Investment Law. Oxford University Press, 2022. http://dx.doi.org/10.1093/law/9780192857804.003.0010.

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This chapter studies attribution, the process whereby international law determines that a particular conduct is to be regarded as activity of a State which is capable of leading to State responsibility. This area of customary international law was the object of extensive efforts at codification by the International Law Commission (ILC). This work culminated in the adoption of the Articles on Responsibility of States for Internationally Wrongful Acts (ARSIWA) in 2001. Some treaties also offer special rules on attribution. For instance, the Energy Charter Treaty (ECT) contains its own rules on attribution in Articles 22 and 23. The ARSIWA give precedence to these treaty provisions where they represent a lex specialis. Ultimately, attribution follows three basic principles. First, actions of organs of States are attributed to the State. Second, even without the status of an organ, the acts of an entity will be attributed to the State if the entity is acting in the exercise of governmental authority. Third, even without the status of an organ, the actions of a person or entity will be attributed to the State if they take place under the direction and control of the State.

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Jarrett, Martin. "Depolluting the Doctrine on Causation in International Investment Law." In Secondary Rules of Primary Importance in International Law, 124—C7.N*. Oxford University PressOxford, 2022. http://dx.doi.org/10.1093/oso/9780192869012.003.0007.

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Abstract For any investment-treaty arbitration that reaches the merits phase, the following question will invariably arise: “Did the state’s conduct cause the investor’s loss?” This is the causation question. If the investor proves the causal link, it takes a significant step towards ultimate success, whereas failure delivers a terminal blow. To determine this question, arbitral tribunals have adopted a two-tiered test consisting of “factual causation” and “legal causation.” Because the same test has been endorsed by the International Law Commission in the commentary attaching to the Articles on Responsibility of States for Internationally Wrongful Acts (ARSIWA), they appear to be right in this adoption. But they are wrong. Testing for legal causation has no place in investment-treaty arbitration. For one, testing for legal causation is such an imprecise process that it usually makes arbitral tribunals’ legal reasoning on questions of causation obscure. Second, the purpose that testing for legal causation serves in domestic law, where it was developed, is not a purpose that international investment law is concerned with. In domestic law cases, legal causation is a tool to place losses arising from unavoidable accidents where adjudicators think that they most fairly fall. By contrast, investor-state disputes do not involve unavoidable losses. The fear will be that without legal causation, states face indeterminate legal responsibility for investment losses. For various reasons, however, this fear is unfounded.

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Primorac, Damir, Lucija Sokanovic, and Andrej Bozhinovski. "Correcting Miscarriages of Justice: Innocence Project Croatia." In Selected ISABS Topics in Forensic Science and Molecular Anthropology [Working Title]. IntechOpen, 2024. http://dx.doi.org/10.5772/intechopen.115287.

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This paper explores the essence and activities of Innocence Projects and the broader Innocence Movement in the United States and Europe, adopting positive practices for potential amendments to Croatian legislation to protect the rights of wrongfully convicted persons as a special group of victims. Furthermore, it examines the opportunities and obstacles in conducting postconviction DNA testing within Croatian law. Furthermore, it showcases preliminary findings from field research conducted across four county courts in Croatia, highlighting challenges in establishing new evidence (“novum”) and reopening criminal cases. The methodology integrates various approaches: the historical method traces the evolution of Innocence Projects in the US and Europe; the theoretical method provides an analytical framework for understanding the principles underpinning the Innocence Movement and common reasons for miscarriages of justice; the comparative method contrasts operational models in adversarial and continental law systems; the normative method details Croatian laws on DNA evidence; and the case-study method reviews judicial practices in the County Courts of Split, Rijeka, Osijek, and Zadar. The research spans cases from 2011 to 2021 and includes semistructured interviews with judges to explore challenges in renewing criminal procedures, issues with DNA evidence, and the implications of current legislation. The paper is divided into three parts: the first part introduces the origins, nature, and scope of Innocence Projects in the US and Europe; the second part focuses on the Croatian Innocence Project and relevant laws; and the third part presents field research findings, court practices, and Supreme Court positions regarding the novum criteria. The final chapter summarizes practices and experiences, offering recommendations and conclusions.

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