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Elaine Sutherland

Distinguished Professor of Law

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Professor Sutherland began her career in academia at the University of Edinburgh, Scotland, in 1980, subsequently moving to the University of Glasgow. In 2006, she took up her current appointment as Professor of Child and Family Law in the Law School at the University of Stirling. Her relationship with Lewis and Clark Law School began in 1984 and, since 1999, she has spent six months of the year (July thru December) teaching, researching and writing here, returning to the University of Stirling to do much the same there for the other half of the year.

Her primary interests are in the areas of child and family law and many of her publications, including FUTURE OF CHILD AND FAMILY LAW: INTERNATIONAL PREDICTIONS (2012), focus on the comparative aspects thereof (please see also Bibliography, below). Her latest book, PRONOUNCED FOR DOOM: EARLY SCOTS LAW TALES (2013), which she co-edited with John P. Grant and to which she contributed, contextualizes some famous or notorious pre-20th Century Scottish cases and tells the human story behind them.

Her research interests lie in comparing the impact of the European Convention on Human Rights and the United Nations Convention on the Rights of the Child (UNCRC), on child and family law, in general, and children’s rights, in particular, with that of the U.S. Constitution, the Constitution of the Republic of South Africa and the Canadian Charter of Rights and Freedoms, in these areas. She is currently working on a paper on the best interests, welfare and well-being of the child for the third annual colloquium of the United Nations Convention on the Rights of the Child Implementing Project (CRC-IP), a project she established to explore implementation of the UNCRC in its international and comparative contexts. This colloquium will take place in Edinburgh in 2015. The previous colloquia addressed articles 12 (participation rights of the child: University of Auckland, New Zealand, 2013) and 6 (child’s right to life, survival and development: University of Stellenbosch, South Africa, 2014).

Sutherland is consulted regularly by government agencies, non-governmental organizations and the media, in Scotland, on child and family law and reform thereof, and attends, and presents papers at, national and international conferences. She regards academic life as offering the best of all worlds – opportunities to teach, research, write and travel.

Specialty Areas & Course Descriptions

Academic Credentials

  • 1978 LL.B (First Class Honors), University of Glasgow, Scotland
  • 1985 LL.M., University of British Columbia, Canada

Bibliography

BOOKS

  • FAMILY LAW, (W. Green/Thomson, 3rd ed, 2014) (2nd ed. 2008; 1st ed. 1996).

  • PRONOUNCED FOR DOOM: EARLY SCOTS LAW TALES (Avizandum Publishing, 2013), (edited by John P. Grant and Elaine E. Sutherland).

  • THE FUTURE OF CHILD AND FAMILY LAW: INTERNATIONAL PREDICTIONS, (Cambridge University Press, 2012) (edited by Sutherland).  For more information, see,http://www.cambridge.org/us/knowledge/isbn/item6823160/?site_locale=en_US

  • LAW MAKING AND THE SCOTTISH PARLIAMENT: THE EARLY YEARS, (Edinburgh University Press, hardback edition, 2011, paperback edition, 2014) (edited by Sutherland, Goodall, Little and Davidson).

  • SCOTS LAW TALES (Dundee University Press, 2010) (edited by Grant and Sutherland).

  • CHILDREN’S RIGHTS IN SCOTLAND, (W. Green/Thomson, 3rd ed, 2009) (edited by Sutherland and Cleland), (2nd ed, 2001; 1st ed. 1996).

  • CHILD AND FAMILY LAW (W. Green/Thomson, 2nd ed, 2008) (T. & T. Clark, 1st ed. 1999).

  • GRANDPARENTS AND THE LAW IN SCOTLAND, (Age Concern, Scotland, 1993).

  • FAMILY RIGHTS AND MEDICO-LEGAL ADVANCE, (Edinburgh University Press, 1990) (edited by Sutherland and McCall Smith).

WORKS PUBLISHED AS PART OF A COLLECTION

  • The Child’s Right to Life, Survival and Development: Evolution and Progress, 26 Stellenbosch Law Review (forthcoming 2015).
  • It is a wise father … , Journal of the Law Society of Scotland online, uploaded 16 June 2014, available at: http://www.journalonline.co.uk/Magazine/59-6/1014070.aspx
  • Cohabitation in ROUTELEDGE HANDBOOK OF FAMILY LAW AND POLICY (John Eekelaar and Rob George (eds), Routledge, 2014), pp. 61-69.
  • Martyrs to Circumstance: Longworth v Yelverton in PRONOUNCED FOR DOOM: EARLY SCOTS LAW TALES (John P. Grant and Elaine E. Sutherland (eds), Avizandum Publishing, 2013).
  • Listening to the Voice of the Child: The Evolution of Participation Rights, 26 New Zealand Law Review 335 (2013).
  • Can Family Law Be Rendered More Accessible? in INTERNATIONAL SURVEY OF FAMILY LAW: 2013 EDITION (Bill Atkin (ed.), Jordans/Family Law, 2013), pp. 333-342.
  • From ‘Bidie-In’ to ‘Cohabitant’ in Scotland: The Perils of Legislative Compromise, 27(2) International Journal of Law Policy and the Family, 143-175 (2013).
  • Giving the state sole jurisdiction over marriage would simplify the law, 58(4) Journal of the Law Society of Scotland 5 (2013) and http://www.journalonline.co.uk/Magazine/58-4/1012446.aspx
  • Child Law: respecting the rights of children in PRIVATE LAW AND HUMAN RIGHTS IN SCOTLAND AND SOUTH AFRICA (Danie Visser and Elspeth Reid (eds), Edinburgh University Press, 2013), pp. 91-105.
  • Imperatives and challenges in child and family law: commonalities and disparities in THE FUTURE OF CHILD AND FAMILY LAW: INTERNATIONAL PREDICTIONS, (Elaine E. Sutherland (ed), Cambridge University Press, August 2012), pp. 1-48.
  • Scotland: the marriage of principle and pragmatism in THE FUTURE OF CHILD AND FAMILY LAW: INTERNATIONAL PREDICTIONS, (Elaine E. Sutherland (ed), Cambridge University Press, 2012), pp. 389-426.
  • Scotland: “The easing of certain legal difficulties”: Limited Legal Recognition of Cohabitation Under Scots Law in INTERNATIONAL SURVEY OF FAMILY LAW: 2011 EDITION (Bill Atkin (ed.), Jordans/Family Law, 2011), pp. 335-368.
  • A Step Closer To Same-Sex Marriage Throughout Europe (2011) 15 Edinburgh Law Review 97-102.
  • Verdict on the Scottish Parliament’s Law-Making Efforts (2011) 56(5) The Journal 22-24.
  • Child and Family Law: Progress and Pusillanimity in Elaine E. Sutherland et al, LAW MAKING AND THE SCOTTISH PARLIAMENT: THE EARLY YEARS (Edinburgh University Press, 2011) pp. 58-83.
  • Law Making and the Scottish Parliament: The Early Years in Context in Elaine E. Sutherland et al, LAW MAKING AND THE SCOTTISH PARLIAMENT: THE EARLY YEARS (Edinburgh University Press, 2011) pp. 3-8.
  • A Knock at the DoorB v Sloan: The Orkney Case in John P. Grant and Elaine E. Sutherland (eds), SCOTS LAW TALES (Dundee University Press, 2010) pp. 1-22.
  • Child Law in Scotland: 1989-2009, Family Law Bulletin, 14-17, 2009.
  • What Has a Decade of Devolution Done for Scots Family Law? in INTERNATIONAL SURVEY OF FAMILY LAW: 2009 EDITION (Bill Aitken (ed.), Jordans/Family Law, 2009), pp. 389-424.
  • Children’s Rights in Scotland: Where Are We Now? (with Alison Cleland) in Elaine E. Sutherland and Alison Cleland (eds), CHILDREN’S RIGHTS IN SCOTLAND, (W. Green/Thomson, 3rd ed. 2009), pp. 1-22.
  • International Standards and Scots Law (with John. P. Grant) in Elaine E. Sutherland and Alison Cleland (eds), CHILDREN’S RIGHTS IN SCOTLAND, (W. Green/Thomson, 3rd ed. 2009), pp. 40-61.
  • Care of the Child Within the Family in Elaine E. Sutherland and Alison Cleland (eds), CHILDREN’S RIGHTS IN SCOTLAND, (W. Green/Thomson, 3rd ed. 2009), pp. 86-105.
  • The Child in Conflict with the Law in Elaine E. Sutherland and Alison Cleland (eds), CHILDREN’S RIGHTS IN SCOTLAND, (W. Green/Thomson, 3rd ed. 2009), pp. 296-319.
  • A Veiled Threat to Children’s Rights? Religious Dress in Schools and the Rights of Young People, Juridical Review 143-171 (2008).
  • Family Law in Europe: From Mutual Recognition and Enforcement to Harmonisation of Substantive Law? International Family Law Journal 167-169 (2006).
  • Undue Deference to Experts Syndrome?, 16 Indiana International and Comparative Law Review, 375-421 (2006).
  • Is There a Right Not to Procreate? in FIRST DO NO HARM (festschrift in honor of Professor Emeritus J. Kenyon Mason, Sheila A.M. McLean (ed), 2006) pp. 319-336.
  • Scotland: Offending and Offensive Young People: Why Mandatory Parenting Education is Not the Answer, Andrew Bainham(ed), International Survey of Family Law: 2005 Edition, Bristol, Family Law, 2005.
  • Child Law section of Child and Family Law in The Laws of Scotland: Stair Memorial Encyclopaedia, 2nd ed (1st ed, 1990), Edinburgh, Butterworths, 2004, pp. 6-39 and 63-253.
  • ‘Parenting Orders: A Culturally-Alien Response of Questionable Efficacy’ 49 Juridical Review 105-132 (2004).
  • ‘Procreative Freedom and Convicted Criminals in the United States and the United Kingdom: Is Child Welfare Becoming the New Eugenics?’ 82 Oregon Law Review 101-132 (2003).
  • Can International Conventions Drive Domestic Law Reform? The Case of Physical Punishment of Children, John Dewar and Stephen Parker (eds), Family Law: Processes, Practices and Pressures, London, Hart Publishing, 2003, pp. 475-489.
  • ‘Man Not Included’- singe women, female couples and procreative freedom in the UK, 15 Child and Family Law Quarterly 155 (2003).
  • Scotland: Some Dreams Realised, Some Disappointments, Andrew Bainham (ed), International Survey of Family Law: 2003 Edition, Bristol, Family Law, 2003, pp. 379-402.
  • Criminal Justice for the Scottish Child?, Andrew Bainham (ed), International Survey of Family Law: 2002 Edition, Bristol, Family Law, 2002.
  • The An Age of Reason or The Reasons for An Age? Criminal responsibility in Scots Law Scots Law Times (News) p. 1, 2002.
  • Parentage and Parening, in Jane Scoular (ed), Family Dynamics: Contemporary Issues in Family Law, p.49, Edinburgh, Butterworths, 2001.
  • How Children Are Faring In The ‘New Scotland’, Andrew Bainham (ed), International Survey of Family Law: 2001 Edition, p. 363, Bristol, Family Law, 2001.
  • Can International Conventions Drive Domestic Law Reform? The Case of Physical Punishment of Children, Scottish Law and Practice Quarterly, 6, p. 22, 2001.
  • How Real are Children’s Rights in Scotland?, (with Alison Cleland), Alison Cleland and Elaine E. Sutherland (eds), Children Rights in Scotland, p.1, 2nd ed, Edinburgh, W. Green, 2001.
  • Children’s Rights and International Instruments, (John P. Grant ), Alison Cleland and Elaine E. Sutherland (eds), Children Rights in Scotland, p. 29, 2nd ed, Edinburgh, W. Green, 2001.
  • Care of the Child within the Family, Alison Cleland and Elaine E. Sutherland (eds), Children Rights in Scotland, p. 91, 2nd ed, Edinburgh, W. Green, 2001.
  • The Child in Conflict with the Law, Alison Cleland and Elaine E. Sutherland (eds), Children Rights in Scotland, p. 263, 2nd ed, Edinburgh, W. Green, 2001.
  • The Future of Family Law Reform, Green’s Family Law Bulletin, 50, p. 2, 2001.
  • Scotland: Consolidation and Anticipation, Andrew Bainham (ed), International Survey of Family Law: 2000 Edition, p. 329, Bristol, Family Law, 2000.
  • Improving Scottish Family Law?, Journal of the Law Society of Scotland, 44, p. 24, 1999.
  • Time to Recognise Diversity in Adult Relationships, Green’s Family Law Bulletin, 38, p. 2, 1999.
  • Scotland: From Birth to Death, Andrew Bainham (ed), International Survey of Family Law 1996, p. 383, The Hague, Martinus Nijhoff, 1998.
  • Parental Responsibilities and Rights Agreements: Better half a loaf than none at all? Scottish Law and Practice Quarterly, 3, p. 265,1998.
  • The Unequal Struggle: Fathers and Children in Scots Law, Child and Family Law Quarterly, 9, p. 191, 1997.
  • Roy Breustedt, Brian Kearney, Alex Stevens and Elaine E. Sutherland, Scotland’s Children: The Evolution of the Children’s Hearings System over the last 25 years, Scottish Law and Practice Quarterly 8, p. 73, 1997.
  • Scotland: Child Law Reform - at last!, Andrew Bainham (ed), International Survey of Family Law 1995, p. 435, The Hague, Martinus Nijhoff, 1997.
  • Another unfounded assumption laid to rest? - T, Petitioner, Juridical Review, 42, p. 373, 1997.
  • It is a wise father that knows his own child - Sanderson v McManus, Juridical Review, 42, p. 195, 1997.
  • Parental Rights and Adoption: D v Grampian Regional Council, Scottish Law and Practice Quarterly, 1, p. 159, 1996.
  • The Convention Comes to Scotland, Alison Cleland and Elaine E. Sutherland (eds), Children Rights in Scotland, p. 21, Edinburgh, W. Green, 1996.
  • Care of Children within the Family, Alison Cleland and Elaine E. Sutherland (eds), Children Rights in Scotland, p. 69, Edinburgh, W. Green, 1996.
  • The Maternal Preference: Neither a Principle nor a Presumption?, Juridical Review, 41, p. 414, 1996.
  • A Voice for the Child: The Children (Scotland) Act 1995, Part I, Journal of the Law Society of Scotland 391, 41, p. 391, 1996.
  • The Children (Scotland) Bill - What is in and what is not, Juridical Review, 40, p. 306, 1995.
  • Family Law in Scotland, Caroline Yates and Kate Standley (eds), Family Law in Europe, p.399, London, Butterworth and Co., 1995.
  • Scotland: Children to the Fore, 33 University of Louisville Journal of Family Law, 33, p. 477, 1994-95.
  • Mother Knows Best or, ‘When is a presumption not a presumption?’ Scots Law Times (News), p. 375, 1994.
  • Grandparents and the Law, Green’s Family Law Bulletin, 33, p. 3, 1994.
  • Adoption: The Child’s View, Scots Law Times (News), p. 37, 1994.
  • Scotland: Towards a Child and Family Code, University of Louisville Journal of Family Law, 32, p. 405, 1993-94.
  • A Solution to the Traineeship Crisis?, Journal of the Law Society of Scotland, 38, p. 400, 1993.
  • Clyde and Beyond: The Report of the Inquiry into the Removal of Children from Orkney in February 1991, Juridical Review, 38, p. 178, 1993.
  • The Orkney Case, Juridical Review, 37, p. 93, 1992.
  • The Role of Children in the Making of Decisions which Affect Them, in Freeman and Veerman (eds.), The Ideologies of Children’s Rights, p.155, The Hague, Martinus Nijhoff, 1992.
  • Parental Rights: Some Recent Developments, Scots Law Times (News), p. 359 and 369, 1992.
  • Children’s Charters, Journal of the Law Society of Scotland, 37, p. 435, 1992.
  • Child Law: Radical Change or Woeful Neglect?, Scots Law Times (News), p. 447, 1991.
  • Child Custody in Context, Journal of the Law Society of Scotland, 36, p. 289, 1991.
  • The United Nations Convention on the Rights of the Child: Does Scots Law Measure Up?, Scots Law Times (News), p. 198, 1991.
  • Regulating pregnancy: should we and can we?, Family Rights and Medico-Legal Advance, p.100-119, Edinburgh, Edinburgh University Press, 1990.
  • Parent and Child, Sir Thomas Smith, Robert Black and J.M. Thomson (eds), The Laws of Scotland: Stair Memorial Encyclopaedia, Volume 10, paras. 1012-1312 , Butterworth and Co. and the Law Society of Scotland, 1990.
  • The Law Protecting Children in the United Kingdom, in J.K.Mason (ed), Paediatric Forensic Medicine and Pathology, p. 441, London, Chapman and Hall, 1989.
  • Child Protection North and South of the Border, Journal of the Law Society of Scotland, 33, p. 206, 1988.
  • Scotland: Financial Provision, The Status of Children and Child Protection, University of Louisville Journal of Family Law, 28, p. 588, 1987-88.
  • Scotland: The Reform Process Continues, University of Louisville Journal of Family Law, 26, p. 175, 1987-1988.
  • Remedying an Evil? Warrandice of Quality at Common Law in Scotland, Juridical Review, 32, p. 24-37, 1987.
  • A.B. Petitioner, Journal of the Law Society of Scotland 32, p. 274, 1987.
  • The Family Law (Scotland) Act 1985, Scots Law Times (News), pp. 85 and 93, 1986.
  • Scotland: Developments in Scots Family Law, M.D.A. Freeman (ed), Annual Survey of Family Law 1984, p. 125, International Society on Family Law, 1985.
  • Scotland: Developments in Scots Family Law, University of Louisville Journal of Family Law, 25, p. 211.
  • Child Law and Family Law, R.A. McCreadie and I. Willock (eds), You and Your Rights in Scotland, London, 1984.
  • Scotland: Developments in Scots Family Law, M.D.A. Freeman (ed), Annual Survey of Family Law 1983, p. 37, International Society on Family Law, 1984.
  • Matrimonial Homes (Family Protection)(Scotland) Bill, Scots Law Times (News), p. 165, 1981.
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Elaine Sutherland’s office is located in room 120 of Legal Research Center.

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voice 503-768-6862

Elaine Sutherland Distinguished Professor of Law

Lewis & Clark Law School 10015 S.W. Terwilliger Boulevard MSC 51 Portland OR 97219 USA

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