Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Abortion (2)
- Dobbs (2)
- Roe (2)
- AIDS virus (1)
- Affirmative action (1)
-
- Alito (1)
- Anti-constitutional (1)
- Birth defects (1)
- Compulsory testing (1)
- Confidentiality statutes (1)
- Constitutional right of privacy (1)
- Court-ordered prenatal intervention (1)
- Dobb (1)
- Due process (1)
- Ethics (1)
- Gene therapy (1)
- Gene therapy in utero (1)
- Involuntary gene therapy on pregnant women (1)
- LGBTQ+ (1)
- Mandatory public health measures (1)
- Poe v. Ullman (1)
- Prenatal intervention (1)
- Privacy in medical information (1)
- Quarantine (1)
- Reporting statutes (1)
- Stare decisis (1)
- Women (1)
Articles 1 - 5 of 5
Full-Text Articles in Health Law and Policy
R.E.S.P.E.C.T.: The Court's Forgotten Virtue, Camille Pollutro
R.E.S.P.E.C.T.: The Court's Forgotten Virtue, Camille Pollutro
Cleveland State Law Review
This Article recommends a shift in constitutional interpretation that requires the existence of respect for the class at issue when a fundamental right is being considered under the narrow, historical deeply rooted test of the Fourteenth Amendment. By focusing on Dobbs v. Jackson Women’s Health Organization, this Article highlights that the class at issue—women—are having their fundamental rights decided for them by the legal sources of 1868. In applying this strict and narrow historical deeply rooted test, the Court fails to consider the lack of respect and autonomy that women had in 1868. To the Court, if twenty-eight out …
Dobbs And The Future Of Liberty And Equality, Kim Forde-Mazrui
Dobbs And The Future Of Liberty And Equality, Kim Forde-Mazrui
Cleveland State Law Review
This lecture critiques Dobbs v. Jackson Women’s Health Organization and assesses its implications for liberty and equality. Dobbs’ immediate effect was major disruption to abortion rights. In the longer term, by discarding fifty years of precedent and by basing constitutional rights exclusively on long-standing history and tradition, Dobbs jeopardizes liberty and equality rights that the Court has recognized in the late twentieth and early twenty-first centuries. Such modern liberty rights include contraception, interracial marriage, adult sexual intimacy and same-sex marriage. Modern equality rights include strong bars on discrimination based on race and sex, and moderate protections for LGBTQ+ status. …
The Anti-Constitutionality Of The Deeply Rooted Test In Dobbs V. Jackson, Reginald Oh
The Anti-Constitutionality Of The Deeply Rooted Test In Dobbs V. Jackson, Reginald Oh
Cleveland State Law Review
The deeply rooted in history test used by Justice Alito in Dobbs v. Jackson to overturn Roe v. Wade is anti-constitutional. In Dobbs, Alito concluded that, because a majority of states in 1868 criminalized abortion, abortion is not deeply rooted in history, and is therefore not a fundamental liberty under the Fourteenth Amendment Due Process Clause. However, relying on state laws in 1868 to interpret constitutional text not only has no basis in the Constitution, it goes against the fundamental nature of the Constitution as an integrated whole. What I call the Integrated Constitution is based on Chief Justice John …
Gene Therapy: Legal And Ethical Issues For Pregnant Women , Angela Liang
Gene Therapy: Legal And Ethical Issues For Pregnant Women , Angela Liang
Cleveland State Law Review
The decision to undergo gene therapy in utero for the sake of a fetus should legally rest with the pregnant woman rather than the judiciary or the legislature. Part I of this article provides an overview of the current scope of gene therapy. Part II discusses previous court decisions that either granted or denied petitions for involuntary prenatal intervention. Part III analyzes three reasons why the courts should not impose gene therapy on pregnant women as the technology becomes available. First, a policy that mandates gene therapy would place an undue burden on pregnant women and violate the Equal Protection …
Containing The Aids Virus . . . Testing . . . Reporting . . . Confidentiality . . . Quarantine . . . Constitutional Considerations, Luann A. Polito
Containing The Aids Virus . . . Testing . . . Reporting . . . Confidentiality . . . Quarantine . . . Constitutional Considerations, Luann A. Polito
Cleveland State Law Review
In addition to illness, disability, and death, AIDS has evoked fear in the hearts and minds of most Americans: fear of the AIDS virus and fear of the unknown. This fear has caused many Americans to act irrationally towards AIDS and its victims. This article will analyze the different legislative acts intended to curtail the spread of the disease and whether these enactments will aid or merely hinder the containment of the AIDS virus. It will illustrate potential conflicts this legislation poses to the AIDS victims' constitutional rights of privacy and liberty. At its conclusion, it will illustrate that with …