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Full-Text Articles in Law
Babies Aren't U.S., Zachary J. Devlin
Babies Aren't U.S., Zachary J. Devlin
University of Massachusetts Law Review
Parental leave has been an on-going issue in the political process, most recently during this presidential election. This is because upon the birth or adoption of a child, many in the United States cannot afford to take time off from work to care for and integrate children into their families. This is especially true for the contemporary family. The Family and Medical Leave Act of 1993 (FMLA) was Congress’s attempt to strike equilibrium between employment and family and medical needs. The FMLA put legal emphasis on the family unit in an effort to neutralize gender discrimination while promoting gender equality …
Abortion, Moral Law, And The First Amendment: The Conflict Between Fetal Rights & Freedom Of Religion, Barbara Pfeffer Billauer
Abortion, Moral Law, And The First Amendment: The Conflict Between Fetal Rights & Freedom Of Religion, Barbara Pfeffer Billauer
William & Mary Journal of Race, Gender, and Social Justice
The status of abortion as murder, and therefore amenable to governmental intervention and criminalization, has been asserted by those favoring limits on abortion. Opponents claim a superior right of privacy and/or equality exists under the Constitution, vesting in a woman the right to decide activities and actions that affect her physical corpus. The claimed interest of a State to protect the fetus is impliedly based on the concept of “morality” or “natural law,” specifically on the premise that feticide is violative of the basic code of conduct of societal norms. To my knowledge, until now, this is the first investigation …
Whole Foods For The Whole Pregnancy: Regulating Surrogate Mother Behavior During Pregnancy, Teresa Donaldson
Whole Foods For The Whole Pregnancy: Regulating Surrogate Mother Behavior During Pregnancy, Teresa Donaldson
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Criminalizing Substance Abuse And Undermining Roe V. Wade: The Tension Between Abortion Doctrine And The Criminalization Of Prenatal Substance Abuse, Myrisha S. Lewis
Criminalizing Substance Abuse And Undermining Roe V. Wade: The Tension Between Abortion Doctrine And The Criminalization Of Prenatal Substance Abuse, Myrisha S. Lewis
William & Mary Journal of Race, Gender, and Social Justice
woman’s constitutional right to have an abortion. Although other scholars have criticized prenatal substance abuse prosecutions based on various constitutional and public policy arguments, the tension between prenatal substance abuse prosecutions and the Supreme Court’s abortion doctrine has not been adequately examined. I argue that prosecuting women for the crime of prenatal substance abuse punishes women for not exercising their right to an abortion and could even incentivize some women to obtain abortions in order to avoid criminal prosecution. I also examine the science underlying abortion doctrine, fetal health, and substance abuse which reveals that (1) the right to abort …