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Constitutional Law

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Golden Gate University School of Law

2010

Due process of law

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An Unreasonable Online Search: How A Sheriffs Webcams Strengthened Fourth Amendment Privacy Rights Of Pretrial Detainees, Ian Wood Oct 2010

An Unreasonable Online Search: How A Sheriffs Webcams Strengthened Fourth Amendment Privacy Rights Of Pretrial Detainees, Ian Wood

Golden Gate University Law Review

This Note will discuss how courts approach pretrial detainees' claims of punishment, exploring both Fourteenth Amendment Due Process claims and privacy rights under the Fourth Amendment. It will go on to discuss Demery's implications for Fourth Amendment privacy rights of pretrial detainees. Part I explores the protections pretrial detainees are afforded under the Fourteenth Amendment Due Process Clause." Part l.A discusses the general differences between pretrial detainees and convicted prisoners. Part I.B considers two Supreme Court cases - Bell v. Wolfish and Block v. Rutherford - that address the standards used in evaluating punishment claims in a pretrial detention context …


How Far Can A State Go To Protect A Fetus? The Rebecca Comeau Story And The Case For Requiring Massachusetts To Follow The U.S. Constitution, Hedy R. Bower Sep 2010

How Far Can A State Go To Protect A Fetus? The Rebecca Comeau Story And The Case For Requiring Massachusetts To Follow The U.S. Constitution, Hedy R. Bower

Golden Gate University Law Review

This comment will explore the question of whether a state can take a pregnant woman into custody and subject her to prenatal care despite her religious beliefs that prohibit her from seeking medical care. Part II of this comment explains the historical development of a woman's fundamental right to privacy in making decisions concerning her pregnancy. Part II also discusses the limited contexts in which a fetus has rights, a person's right to free exercise of religion, and a person's freedom to refuse medical care. Part III addresses the legal procedures by which a state may confine a person against …