The Differing Federalisms of Canada and the United States

The differences in the ways in which the US and Canada have structured their federalisms are discussed. Both systems have judicial supremacy, but Canada recognizes far more legislative power in the provinces than the US allows its states

Compensated Surrogacy

The question that was put to us is whether the widespread legalization of gay marriage, supported by the Supreme Court’s decision in United States v. Windsor, means that compensated surrogacy should be more broadly legalized. This essay takes the position that Windsor has little relevance to surrogacy, which will continue to be governed by state rather than federal law. States do, and will, follow a wide spectrum of policies on surrogacy, ranging from banning it and making it illegal to promoting it by enforcing surrogacy contracts as ordinary commercial transactions. The legalization of gay marriage need not affect states’ surrogacy laws