Case Western Reserve University School of Law
U.S. Supreme Court hears arguments in case briefed by CWRU law school faculty
December 9, 2019
On December 11, 2019, the U.S. Supreme Court will hear arguments in Monasky v. Taglieri, a case in which CWRU Law Professors and alums played a significant part. The case examines the question of where a child born to an estranged international couple should be raised. CWRU Adjunct Professors Andrew Zashin, Amy Keating, and Chris Reynolds of Zashin and Rich law firm represented the petitioner, Michelle Monasky, a U.S. national seeking custody in the United States of her daughter who was born in Italy.
In a first for the law school, the Frederick K. Cox International Law Center was invited to submit an Amicus Brief in the case. The brief, written by Co-Dean Michael Scharf, Associate Dean Avidan Cover, Professor Andrew Pollis, Adjunct Professor Stephen Petras, Adjunct Professor Aleksandar Cuic, Adjunct Professor Theodore Parran and alumnus David Carney, argues that the Court should be guided by international and foreign judicial interpretations of The Hague Convention and that those precedents indicate that the Convention permits a finding of non-habitual residence under the facts of the case thereby permitting the return of the child to the United States.
The Cox Center’s Amicus Brief is available online.