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Constitutional Law

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Golden Gate University School of Law

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Abortion

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Constitutional Law - Zal V. Steppe: Ninth Circuit Approval Of An In Limine Ban Of Specific Words, Kathleen K. Mcginn Sep 2010

Constitutional Law - Zal V. Steppe: Ninth Circuit Approval Of An In Limine Ban Of Specific Words, Kathleen K. Mcginn

Golden Gate University Law Review

No abstract provided.


The Constitutionality Of California's Parental Consent To Abortion Statute, Malena R. Calvin Sep 2010

The Constitutionality Of California's Parental Consent To Abortion Statute, Malena R. Calvin

Golden Gate University Law Review

In order to determine the constitutionality of California's parental consent statute, this article will first discuss the implications of Roe. Second, this article will analyze United States Supreme Court decisions which have addressed parental consent statutes. Third, this paper will demonstrate that California's parental consent statute would be considered constitutional under the Supreme Court cases which have addressed such statutes. Fourth, this paper will consider the implications of California's state constitution. Based on this analysis, this paper will establish that despite a finding of constitutionality under federal law, California's parental consent statute appears to violate the express right to privacy …


The Establishment Clause Argument For Choice, David R. Dow Sep 2010

The Establishment Clause Argument For Choice, David R. Dow

Golden Gate University Law Review

Although the Court's opinion in Roe has been subjected to substantial criticism, with its attention to the issue of viability coming under attack as an egregious instance of judicial legislation, any constitutional discussion of the abortion issue must begin with Roe itself. I do not propose to defend the jurisprudential analysis in Roe. Instead, my aim is to suggest that the majority's historical survey of the significance attributed by our culture to the moment of viability adumbrates the distinction between cultural and religious values that I propose in this essay. My argument proceeds as follows. Part I of this essay …