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Full-Text Articles in Family Law

Criminalizing Substance Abuse And Undermining Roe V. Wade: The Tension Between Abortion Doctrine And The Criminalization Of Prenatal Substance Abuse, Myrisha S. Lewis Jan 2017

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 …


Project Prevention: Concept, Operation, Results And Controversies About Paying Drug Abusers To Obtain Long-Term Birth Control, Bruce A. Thyer Mar 2016

Project Prevention: Concept, Operation, Results And Controversies About Paying Drug Abusers To Obtain Long-Term Birth Control, Bruce A. Thyer

William & Mary Bill of Rights Journal

This Article describes the origins and current operation of Project Prevention, a privately-funded program that provides a payment of $300 to substance abusers who obtain long-term birth control. This practice is intended as a means to prevent the conception of babies to mothers who are prone to expose their developing child to toxic levels of alcohol or other drugs during pregnancy, likely to be unable to care for their child once born, and at risk for having their child removed from their custody by the state and placed in foster care or an adoptive home. Children born to such mothers …


A Liberal Dilemma: Respecting Autonomy While Also Protecting Inchoate Children From Prenatal Substance Abuse, Andrew J. Weisberg, Frank E. Vandervort Mar 2016

A Liberal Dilemma: Respecting Autonomy While Also Protecting Inchoate Children From Prenatal Substance Abuse, Andrew J. Weisberg, Frank E. Vandervort

William & Mary Bill of Rights Journal

No abstract provided.


Prosecutorial Immunity: The Response To Prenatal Drug Use, Margaret P. Spencer Jan 1993

Prosecutorial Immunity: The Response To Prenatal Drug Use, Margaret P. Spencer

Faculty Publications

No abstract provided.