This course will address a number of issues in which globalization plays a role in family life, such as the definition of marriage and family, property rights, the requirements for divorce, same-sex relationships, marriage tourism, fertility tourism, adoption, and intercountry child custody disputes. In most instances, the seminar will examine a particular topic through the lens of the law of a given culture or country, so that students can focus closely on the substantive issues. In addition, the seminar will explore questions of comparative law and conflict of laws as students consider whether and how one nation should honor the family law of another. Issues of international law, including treaty obligations and human rights laws, will be considered where appropriate.
There are no prerequisites for the course. Students enrolling in this course may not have taken the version of the course taught by Professor Michaels in the Asia-America Institute in Transnational Law during summer of 2012, nor may they take the similar course to be taught by Professor Bradley in the Duke-Geneva Institute in Transnational Law during the summer of 2013.
Students will be required to attend and actively participate in the seminar discussion, lead class discussion for one class meeting, and complete a 30-page research paper. Students may use this research paper to fulfill the upper-level or the LLM writing requirement, and the special writing requirement for JD/LLMs