Law Commons^™

Hodgson V. Minnesota: Chipping Away At Roe V. Wade In The Aftermath Of Webster, Selina K. Hewitt

Pepperdine Law Review

No abstract provided.

Beyond Abortion: Human Genetics And The New Eugenics, John R. Harding Jr.

Pepperdine Law Review

No abstract provided.

The Child's Right To Be Heard And Represented In Judicial Proceedings , Howard A. Davidson

Pepperdine Law Review

No abstract provided.

The Policy Against Federal Funding For Abortions Extends Into The Realm Of Free Speech After Rust V. Sullivan, Loye M. Barton

Pepperdine Law Review

No abstract provided.

Assisted Suicide: A Tough Pill To Swallow, Mary Margaret Penrose

Pepperdine Law Review

No abstract provided.

The Death Of An Unborn Child: Jurisprudential Inconsistencies In Wrongful Death, Criminal Homicide, And Abortion Cases, Murphy S. Klasing

Pepperdine Law Review

No abstract provided.

How (Not) To Talk About Abortion, Meredith Johnson Harbach

University of Richmond Law Review

No abstract provided.

Administrative Law, John Paul Jones, Afsana Chowdhury

University of Richmond Law Review

What follows is, first, a report of certain developments during the last two years in the administrative law of Virginia, in particular the law governing rule making by state agencies and judicial review of both rules and cases from state agencies and, second, a report of developments in the law relating to Virginia's Freedom of Information Act.

Madsen V. Women's Health Center, Inc.: Striking An Unequal Balance Between The Right Of Women To Obtain An Abortion And The Right Of Pro-Life Groups To Freedom Of Expression, Keli N. Osaki

Pepperdine Law Review

No abstract provided.

Created Equal: How The Declaration Of Independence Recognizes And Guarantees The Right To Life For The Unborn, Mark Trapp

Pepperdine Law Review

No abstract provided.

Sex, Money, And Groups: Free Speech And Association Decisions In The October 1999 Term, Kathleen M. Sullivan

Pepperdine Law Review

No abstract provided.

Disentangling Symmetries: Speech, Association, Parenthood, Laurence H. Tribe

Pepperdine Law Review

No abstract provided.

Substance And Method In The Year 2000, Akhil Reed Amar

Pepperdine Law Review

No abstract provided.

Casey Skit: A Pedagogical Tool For Interviewing Young Women And Proceeding Through A Judicial Bypass Hearing , Jamin B. Raskin, Ann Shalleck

Jamin Raskin

No abstract provided.

Seeking Liberty’S Refuge: Analyzing Legislative Purpose Under Casey’S Undue Burden Standard, Lucy E. Hill

Fordham Law Review

In the 1992 decision Planned Parenthood of Southeastern Pennsylvania v. Casey, the U.S. Supreme Court crafted the “undue burden” standard for evaluating the constitutionality of abortion laws. Under that standard, a state is free to regulate abortion, as long as the regulation does not impose an undue burden on a woman’s right to an abortion. Although the standard is disjunctive, the Casey opinion focuses on the “effect” prong of the test, with little guidance as to what a “purpose” prong inquiry would look like. Subsequent Supreme Court abortion jurisprudence has served only to obscure the issue. Circuit courts, therefore, …

Virginia's "War On Women": How Forcing Women To Have An Ultrasound Before Abortion Is Unconstitutional, Alison B. Linas

Law Student Publications

This comment will discuss how the ultrasound bill, like similar ones in other states, is unconstitutional for two reasons....Part II of this comment will focus on the Supreme Court's role in shaping abortion policy....Part III will describe Virginia’s new ultrasound requirement and how the above-mentioned Supreme Court decisions affect the new bill’s legality. Part III(A) will lay out the relevant portions of the bill and discuss its legislative history. Part III(B) will analyze the bill through Casey’s undue burden lens....Part III(C) will argue that requiring a woman to have a mandatory medical procedure effectively prevents her from refusing medical care, …

Hauerwasian Christian Legal Theory, David A. Skeel Jr.

All Faculty Scholarship

This Essay, which was written for a Law and Contemporary Problems symposium on Stanley Hauerwas, tries to develop an account of public engagement in Hauerwas’ theology. The Essay distinguishes between two kinds of public engagement, “prophetic” and “participatory.” Christian engagement is prophetic when it criticizes or condemns the state, often by urging the state to honor or alter its true principles. In participatory engagement, by contrast, the church intervenes more directly in the political process, as when it works with lawmakers or mobilizes grass roots action. Prophetic engagement is often one-off; participatory engagement is more sustained. Because they worry intensely …

16 And Pregnant: Minors' Consent To Abortion And Adoption, Malinda L. Seymore

Malinda L. Seymore

A minor girl’s decision about the resolution of an unplanned pregnancy is a highly contested issue. Especially contentious is the minor’s ability to consent to an abortion without the assistance of an adult such as her parents or a judge. That issue has received substantial attention from policy makers, scholars, judges and legislators. Almost no attention has been paid, however, to the decision of a minor parent to continue her pregnancy, relinquish her constitutionally-protected parental rights and place a child for adoption. In 37 states, a minor’s abortion decision is regulated differently from the decision of an adult’s, while in …

Politicizing Patents - Patenting Biotechnology In The Wake Of Section 33, Prometheus, And Cls Bank, Jonathan R. K. Stroud

Articles in Law Reviews & Journals

Tucked into the America Invents Act is the first statutory exemption for any patentable subject matter. Section 33 renders unpatentable all claims “encompassing a human being.” By recognizing a vague subject matter – exception for human beings despite the fact that internal policies had long militated against such patent claims, Congress has politicized the patent law to an unheard-of degree. While textually consistent with internal USPTO policy, the passage of § 33 should not be seen as an invitation to litigators to expand § 101 unpatentable-subject-matter challenges to validity by including arguments that medical methods, genetic tests, biological chimeras, or …

A, B, & C V. Ireland: The Unborn And An Appreciation Of The Margin Of Appreciation, Shaun A. De Freitas Esq

Shaun A de Freitas esq

On December 16, 2010 the Grand Chamber of the European Court of Human Rights (“ECtHR”) in A, B, and C v. Ireland (“ABC”) found that it was not for the Court to decide on the validity of Ireland’s relevant legislation which prohibits abortions (except in instances where the pregnant woman’s life is threatened). According to ABC, the ‘margin of appreciation’ allows the Court to not take a specific view on matters related to the termination of the unborn. As expected, the ABC ruling received criticism from supporters of a more unlimited choice to be awarded to the pregnant woman in …

Reply To Critics Of The Heartbeat Bill, David Forte

Law Faculty Articles and Essays

Forte's reply to critics of HB 125 – The Heartbeat Bill (2011-2012) appears on the Catholic Conference of Ohio website.

Stopping Philadelphia Abortion Provider Kermit Gosnell And Preventing Others Like Him: An Outcome That Both Pro-Choicers And Pro-Lifers Should Support, Samuel W. Calhoun

Scholarly Articles

This article focuses on three of the atrocities committed by Philadelphia abortion provider Kermit Gosnell: his shameful, destructive treatment of women; his brutal killing of born-alive infants; and his performance of illegal post-viability abortions. Pro-choicers and pro-lifers alike should unite in condemning, stopping, and preventing these abuses. Women seeking abortions need the protection of medically appropriate health and safety regulations; a civilized society should not tolerate the killing of babies, viable or not, once they are born; and viable fetuses deserve meaningful legal protection. The wider abortion controversy is sure to continue, but the combatants should join forces to achieve …

Forgotten Supreme Court Abortion Cases: Drs. Hawker & Hurwitz In The Dock & Defrocked, Roy Lucas

Pepperdine Law Review

No abstract provided.

Fetal Pain Legislation: Is It Viable?, Teresa Stanton Collett

Pepperdine Law Review

Whether a human fetus experiences pain during an abortion has been the subject of heated debate within medical, legal, and political circles for over two decades. In the 1980's President Reagan's statement that "when the lives of the unborn are snuffed out [by abortion], they often feel pain, pain that is long and agonizing," and the release of a controversial film entitled "The Silent Scream" were merely two of the events that kept this issue in public view. Federal and state legislative efforts to enact "partial birth abortion bans" have reignited public debate over fetal pain." Three years ago, the …

The Possibility Of Compromise: Antiabortion Moderates After Roe V. Wade, 1973–1980, Mary Ziegler

Chicago-Kent Law Review

Leading studies argue that Roe itself radicalized debate and marginalized antiabortion moderates, either by issuing a sweeping decision before adequate public support had developed or by framing the opinion in terms of moral absolutes. The polarization narrative on which leading studies rely obscures important actors and arguments that defined the antiabortion movement of the 1970s. First, contrary to what the polarization narrative suggests, self-identified moderates played a significant role in the mainstream antiabortion movement, shaping policies on issues like the treatment of unwed mothers or the Equal Rights Amendment. Working in organizations like Feminists for Life (FFL) or American Citizens …

Functional Parenting And Dysfunctional Abortion Policy: Reforming Parental Involvement Legislation, Maya Manian

Articles in Law Reviews & Other Academic Journals

Abortion-related parental involvement mandates raise important family law issues about the scope of parents’ power over their children’s intimate decisions. While there has been extensive scholarly attention paid to the problems with parental involvement laws, relatively little has been said about strategies for reforming these laws. This article suggests using insights from family law relating to functional parenthood and third party caregiving as a basis for crafting more capacious methods of ensuring adult guidance for teenage girls facing an unplanned pregnancy. Recent developments in family law bolster the case for reforming parental involvement legislation to allow teenagers to consult with …

The Constitutional Right Not To Kill, Mark L. Rienzi

Mark L Rienzi

Federal and state governments participate in and/or permit a variety of different types of killings. These include military operations, capital punishment, assisted suicide, abortion and self-defense or defense of others. In a pluralistic society, it is no surprise that there will be some members of the population who refuse to participate in some or all of these types of killings.

The question of how governments should treat such refusals is older than the Republic itself. Since colonial times, the answer to this question has been driven largely by statutory protections, with the Constitution playing a smaller role, particularly since the …

The Next Battleground? Personhood, Privacy, And Assisted Reproductive Technologies, Mark Strasser

Mark Strasser

Personhood statutes and amendments have been proposed in several states. As a general matter, they establish as a matter of state law that legal personhood begins at conception. Such laws may have implications for state policies concerning abortion and contraception, and will have implications for other areas of law including state policies related to assisted reproductive technologies. Yet, some of the ways in which these different areas of law might be affected are not well understood and thus are explored here.

Civil Rights, Erwin Chemerinsky

Pepperdine Law Review

No abstract provided.

The Harmony Between Professional Conscience Rights And Patients’ Right Of Access, Matthew S. Bowman

Matthew S Bowman

Abstract: “Access” is the new catchphrase for expanding privacy rights. This shift moves from seeking merely legalization, to demanding government assistance and the participation of private citizens. The trend can be seen across a spectrum of activities such as abortion, contraception, doctor-prescribed suicide, and reproductive technologies. Shifting from legalization to access, however, has precipitated a variety of disputes over the “right of conscience” of health professionals who don’t want to assist activities so defined under the right to privacy. Yet amidst this debate, advocates for and against the right of conscience tend to adopt some of the same, often unspoken, …