Ninth Circuit Cites Ben-Asher on Commercial Surrogacy Prohibition

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Noa Ben-Asher

In a decision last week, the United States Court of Appeals for the Ninth Circuit cited the work of my excellent  colleague Noa Ben-Asher.      Coyote Publishing v. Miller, 2010 U.S. App. LEXIS 5182 (9th Cir. 2010) involved a First Amendment challenge to rules on advertising by legal brothels.  (An audio recording of the oral arguments before the Ninth Circuit is available here.)

Writing for the majority in Coyote, Judge Berzon cited Ben-Asher’s article The Curing Law: On the Evolution of Baby-Making Markets, 30 Cardozo L. Rev. 1885 (2009) in support of the proposition that the law recognizes a variety of bans on commercial trades in, for example, the surrogacy context.

Noa Ben-Asher joined the Pace Law School faculty from the Associates-in-Law Program at Columbia (2007-2009), a Williams Fellowship (2006), and the JSD program at NYU, with a stint at Proskauer, too.    Her essay Legal Holes was been published earlier this year at 5 Unbound: Harvard Journal of the Legal Left 1 (2009).

Noa Ben-Asher is a rising star to watch!

-Bridget Crawford

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