Recent cases in the United States and Australia have catapulted surrogacy into the forefront of debates and public policy regarding new procreative technologies, even though gestating and birthing a baby for another woman does not necessarily involve artificial insemination or in vitro fertilization. Feminists have condemned commercial surrogacy because it borders on baby selling and exploits women. Similar criticism has appeared in the mass media, but these forums, as well as the medical profession, have considered noncommercial surrogacy as more acceptable (...) because of the absence of monetary exchange. Using two cases of surrogacy, this article argues that the distinction between commercial and altruistic surrogacy is socially constructed rather than based on self-evident or intrinsic differences. Both types of surrogacy involve the application of pervasive gender norms specifying that women's motivations to have children should be based on emotion, selflessness, and caring, not on self-interest, financial incentives, or pragmatism. Applying these norms renders commercial surrogacy deviant, but altruistic arrangements more acceptable. However, the article's central argument is that both types of agreement can entail exploitation, the denial of the birth mother's rights, and the severe reduction of her autonomy. (shrink)

Though the overall numbers of women judges remain small, higher proportions of women have been appointed to many lower courts in common law, and particularly in civil law, countries. This paper investigates whether the experiences of judging and judicial work differ among women and men magistrates in Australia’s lower courts. The particular focus is satisfaction with their work as judges. In so doing, it helps build up a picture of the extent of the gendered nature of the judiciary as an (...) occupation. Measures of overall job satisfaction identify few gender differences; more refined measures highlight areas of divergence between men and women magistrates, suggesting gendered experiences of judicial work which result from particular characteristics of the occupation, as presently constituted, rather than the nature of judging itself. (shrink)

Empirical legal research into courts and adjudication starts with a formal model of trial courts and the nature of adjudication. This article discusses empirical legal research on trial courts and adjudication and divides them into three dimensions of analysis, macro, meso, and micro, to frame the discussion of empirical legal studies into courts and adjudication, the various methods researchers use, and significant findings. Empirical research may be theoretical, pragmatic or policy oriented. A large body of research approaches the study of (...) courts and adjudication from an organizational perspective, looking at court structures and how they affect daily operation. Examining trial court judges' approaches to their work, including adjudication, using survey research has also been undertaken in non-English speaking jurisdictions. Each type of research design has specific strengths and advantages, as well as limitations, but each contributes to advancing knowledge about the nature, role, and reality of trial courts and adjudication. (shrink)