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Retaining A Constitutional Right To Terminate A Pregnancy By Reinterpreting Pregnancy As An Implied Contract, Esra Coskun-Crabtree
Retaining A Constitutional Right To Terminate A Pregnancy By Reinterpreting Pregnancy As An Implied Contract, Esra Coskun-Crabtree
Golden Gate University Law Review
This Comment considers the question of abortion as a fundamental right by reframing pregnancy as a ground for implied contract. The recent decision in Dobbs v. Jackson Women’s Health Organization, 142 S. Ct. 2228 (2022) rejected the Fourteenth Amendment’s Due Process Clause as a basis for asserting a fundamental right to abortion. However, other constitutional limits on state power may provide different avenues to such an assertion. Specifically, the Contracts Clause of Article I, Section 10 of the U.S. Constitution prohibits the states from impairing the freedom to contract. This Comment argues that the key issue in the abortion …
Sticks And Stones May Break Your Bones ... But Words May Break The Bank: Monetary Damages For 'True Threats' And The Future Of Free Speech After Planned Parenthood Of The Columbia/Willamette V. American Coalition Of Life Activists, Randall D. Nicholson
Golden Gate University Law Review
This Note is divided into five parts. Part I introduces the plaintiffs and defendants in Planned Parenthood and provides a detailed description of the content of the posters as well as the other evidence used to find the defendants liable for threatening speech. Part II presents a brief description of the details of, and impetus for, the enactment of the Freedom of Access to Clinic Entrances Act ("FACE"), as the act provides the basis for liability. To highlight that the majority's position in Planned Parenthood did not comport with current First Amendment jurisprudence, Part III analyzes the major decisions handed …
X Marks The Spot While Casey Strikes Out: Two Controversial Abortion Decisions, Sabina Zenkich
X Marks The Spot While Casey Strikes Out: Two Controversial Abortion Decisions, Sabina Zenkich
Golden Gate University Law Review
This article studies and defines abortion law in Ireland after X and in the United States after Casey. It addresses how these decisions affect Irish and American women's rights, respectively, to secure an abortion. It also scrutinizes the justices' opinions and criticizes the reasoning for their holdings. This article argues that both Courts changed their nations' straightforward abortion laws to reach decisions that the courts felt would be more palatable to their respective political constituencies and satisfy their own subjective beliefs. On the one hand, the Irish court declined to abide by the traditionally conservative position denying abortion rights as …
Constitutional Law - Zal V. Steppe: Ninth Circuit Approval Of An In Limine Ban Of Specific Words, Kathleen K. Mcginn
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
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 …
Survey: Women And California Law, Michele Modena-Kurpinsky
Survey: Women And California Law, Michele Modena-Kurpinsky
Golden Gate University Law Review
This survey of California case law and legislation is a regular feature of the Women's Law Forum. The survey summarizes recent California Supreme Court decisions, courts of appeal decisions, and new legislation which are of special importance to women. The focus of the survey is on presenting issues most pertinent to women, rather than on analyzing all issues raised in each case or bill. The survey period for cases in this issue is March 1, 1981 through February 28, 1982. Summaries of significant legislation enacted between October 1, 1980 and December 31, 1981 are also included.
Committee To Defend Reproductive Rights V. Myers: Procreative Choice Guaranteed For All Women, Alison Erca
Committee To Defend Reproductive Rights V. Myers: Procreative Choice Guaranteed For All Women, Alison Erca
Golden Gate University Law Review
This Note will trace the development of the right to privacy as applied to abortion funding and as interpreted by the United States and California Supreme Courts. Although both courts have recognized the physical and psychological harm from forced childbearing or parenting, only the California court has been willing to unequivocally acknowledge the enormous implications on a woman's education, employment and associational opportunities. For a woman, the right to privacy, inherent in the decision whether or not to bear a child, is essential for personal control of her body. Unlike the United States Supreme Court, the C.D.R.R. court has asserted …