Elaine E. Sutherland, Professor of Law
Publications

Separately Published Works

CHILD AND FAMILY LAW, (W. Green/Thomson, 2nd ed, 2008).

FAMILY LAW, Edinburgh, (W. Green/Thomson, 2nd ed, 2008).

CHILDREN RIGHTS IN SCOTLAND, (W. Green/Thomson, 2nd ed, 2001) (edited with Alison Cleland) (3rd ed, forthcoming 2009).

CHILD AND FAMILY LAW, (T. & T. Clark, 1st ed, 1999).

FAMILY LAW, Edinburgh, (W. Green/Thomson, lst ed, 1999).

CHILDREN RIGHTS IN SCOTLAND (W. Green/Thomson, lst ed, 1996) (edited with Allison Cleland).

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

FAMILY RIGHTS AND MEDICO-LEGAL ADVANCE, (Edinburgh University Press, 1990) (edited with R.A. McCall Smith).

Works Published As Part of a Collection

A Veiled Threat to Children's Rights? Religious Dress in Schools and the Rights of Young People, Juridical Review (forthcoming 2009).

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.