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Health Law and Policy

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Journal

2010

Right of privacy

Articles 1 - 2 of 2

Full-Text Articles in Law

American Academy Of Pediatrics V. Lungren: California's Parental Consent To Abortion Statute And The Right To Privacy, Michael Grimm Sep 2010

American Academy Of Pediatrics V. Lungren: California's Parental Consent To Abortion Statute And The Right To Privacy, Michael Grimm

Golden Gate University Law Review

This comment will discuss the background right to privacy jurisprudence, examine the grounds under which the court of appeal decided the case, and review appellants' and respondents' arguments. Based upon the opposing parties' arguments and controlling precedent, the author will explain why the California Supreme Court should affirm the court of appeal's decision.


Preventing The Spread Of Aids By Restricting Sexual Conduct In Gay Bathhouses: A Constitutional Analysis, Stephen L. Collier Sep 2010

Preventing The Spread Of Aids By Restricting Sexual Conduct In Gay Bathhouses: A Constitutional Analysis, Stephen L. Collier

Golden Gate University Law Review

This analysis of the state's authority to limit sexual behavior in gay bathhouses will begin by examining the precedents involving the use of quarantine and nuisance statutes to control the spread of communicable diseases. A discussion of common law limitations on the use of those statutes will follow. The constitutional analysis begins with the right to privacy embodied in the United States and California Constitutions, and its relationship to gay sexual intimacy generally. The application of rational basis and strict scrutiny standards will be analyzed and arguments presented in favor of applying strict scrutiny. The state's compelling interest in stopping …