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Series

Cleveland State University

2007

Abortion

Articles 1 - 2 of 2

Full-Text Articles in Law

A Sign Of Contradiction, David F. Forte Apr 2007

A Sign Of Contradiction, David F. Forte

Law Faculty Articles and Essays

Hadley Arkes offers a brilliant manifesto for natural law. In it, he suggests that judges do not pay enough attention to reason, that their realm of reason is too circumscribed—and he levels the criticism at both modern liberal and conservative judges. He urges them to reach out specifically to the principles of the natural law. Yet the judges resist the invitation. They seem always to have resisted the invitation. Why is that so? Why are natural law reasons resisted?, Arkes asks. Why do judges not seek a proper grounding of their judgment in natural law?


The Detention, Confinement, And Incarceration Of Pregnant Women For The Benefit Of Fetal Health, April L. Cherry Jan 2007

The Detention, Confinement, And Incarceration Of Pregnant Women For The Benefit Of Fetal Health, April L. Cherry

Law Faculty Articles and Essays

Section One of this Article discusses the effect of drug policy on the detention and confinement of pregnant women. This section also outlines three types of "fetal protection measures" that result in the detention, confinement, or incarceration of pregnant women in the name of fetal health and examines the legal rationales behind these mechanisms. Section One then questions whether detention is an effective way to reach the state's articulated goal of better fetal outcomes. Section Two offers a discussion of the constitutional rights at issue. This section addresses the ways in which detention violates two essential components of women's rights: …