Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- 505 U.S. 833 (1992) (1)
- Abortion (1)
- Abortion regulations (1)
- Absolute conflicts of law (1)
- Comity of nations (1)
-
- Conflict of laws -- United States -- States (1)
- Conflicts of law (1)
- Contradictory law (1)
- Courts -- United States -- States (1)
- Fairness (1)
- Federalism (1)
- Good faith (Law) -- United States (1)
- Informed Consent (1)
- Informed-consent dialogue (1)
- Jurisdiction (1)
- Medical malpractice (1)
- Planned Parenthood of Southeastern Pennsylvania v. Casey (1)
- Postabortion suicide risk (1)
- Regulatory Spillover (1)
- Rule of law (1)
- Rule of law -- United States (1)
- State interests (1)
- State laws (1)
- State regulation of abortion (1)
- Undue burden (1)
- United States -- Foreign relations -- Law & legislation (1)
Articles 1 - 2 of 2
Full-Text Articles in Conflict of Laws
Absolute Conflicts Of Law, Anthony J. Colangelo
Absolute Conflicts Of Law, Anthony J. Colangelo
Indiana Law Journal
This Article coins the term “absolute conflicts of law” to describe situations of overlapping laws from different states that contain simultaneous contradictory commands. It argues that absolute conflicts are a unique legal phenomenon in need of a unique doctrine. The Article extensively explores what absolute conflicts are; how they qualitatively differ from other doctrines like true conflicts of law, act of state, and comity; and classifies absolute conflicts’ myriad doctrinal manifestations through a taxonomy that categorizes absolute conflicts as procedural, substantive, mixed, horizontal, and vertical.
The Article then proposes solutions to absolute conflicts that center on the rule of law …
Abortion, Informed Consent, And Regulatory Spillover, Katherine A. Shaw, Alex Stein
Abortion, Informed Consent, And Regulatory Spillover, Katherine A. Shaw, Alex Stein
Indiana Law Journal
The constitutional law of abortion stands on the untenable assumption that any state’s abortion regulations impact citizens of that state alone. On this understand-ing, the state’s boundaries demarcate the terrain on which women’s right to abortion clashes with state power to regulate that right.
This Article uncovers a previously unnoticed horizontal dimension of abortion regulation: the medical-malpractice penalties imposed upon doctors for failing to inform patients about abortion risks; the states’ power to define those risks, along with doctors’ informed-consent obligations and penalties; and, critically, the possi-bility that such standards might cross state lines. Planned Parenthood v. Casey and other …