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Faculty Publications

Abortion

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Free Speech & Abortion: The First Amendment Case Against Compelled Motherhood, Raymond Shih Ray Ku Jan 2021

Free Speech & Abortion: The First Amendment Case Against Compelled Motherhood, Raymond Shih Ray Ku

Faculty Publications

The most important lessons are taught by example. Children learn the fundamental values that guide them throughout their lives from the examples set by their parents, especially their mothers. Even before they understand a language, they learn by observing and imitating the actions of their parents. For almost fifty years Roe v Wade guaranteed pregnant women the freedom to determine whether to carry their pregnancy to term. The right to obtain a safe abortion prior to viability is the most significant and controversial aspect of this freedom. The Supreme Court is now poised to overturn what it previously described as …


Constituting Children's Bodily Integrity, Jessie Hill Jan 2015

Constituting Children's Bodily Integrity, Jessie Hill

Faculty Publications

Children have constitutional rights to bodily integrity. When children are abused by state actors, courts do not hesitate to vindicate those rights. Moreover, in at least some cases, children’s bodily integrity rights protect them within the family, giving them the right to avoid unwanted physical intrusions regardless of their parents’ wishes. Nonetheless, the scope of this right of children vis-à-vis their parents unclear; the extent to which it applies beyond the narrow context of abortion and contraception has been almost entirely unexplored and untheorized. This Article is the first in the legal literature to analyze the constitutional right of minors …