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Full-Text Articles in Law
Decoding Dobbs: A Typology To Better Understand The Roberts Court's Jurisprudence, Katie Yoder
Decoding Dobbs: A Typology To Better Understand The Roberts Court's Jurisprudence, Katie Yoder
Honors Projects
The U.S. Supreme Court first recognized Substantive Due Process (“SDP”) in the early twentieth century. In Lochner v. New York, the Court established that there are certain unenumerated rights that are implied by the Fourteenth Amendment.Though SDP originated in a case about worker’s rights and liberties, it quickly became relevant to many cases surrounding personal intimate decisions involving health, safety, marriage, sexual activity, and reproduction.Over the past 60 years, the Court relied upon SDP to justify expanding a fundamental right to privacy, liberty, and the right to medical decision making. Specifically, the court applied these concepts to allow for freedoms …
Without Due Process Of Law: The Dobbs Decision And Its Cataclysmic Impact On The Substantive Due Process And Privacy Rights Of Ohio Women, Jacob Wenner
Journal of Law and Health
Since the overturning of prior abortion precedents in Dobbs v. Jackson Women’s Health Organization, there has been a question on the minds of many women in this country: how will this decision affect me and my rights? As we have seen in the aftermath of Dobbs, many states have pushed for stringent anti-abortion measures seeking to undermine the foundation on which women’s reproductive freedom had been grounded on for decades. This includes right here in Ohio, where Republican lawmakers have advocated on numerous occasions for implementing laws seeking to limit abortion rights, including a 6-week abortion ban advocated …
It’S Time To Turn The Tide: The Supreme Court Must Moderate Its Stare Decisis Approach Before It’S Too Late For Cases Like Plyler, Sabrina Rodriguez
It’S Time To Turn The Tide: The Supreme Court Must Moderate Its Stare Decisis Approach Before It’S Too Late For Cases Like Plyler, Sabrina Rodriguez
The Scholar: St. Mary's Law Review on Race and Social Justice
We are standing in a defining moment for the Supreme Court. Against the backdrop of the Court’s Dobbs decision, it is now clearer than ever that if the Court fails to modernize its stare decisis approach, the civil liberties we enjoy are vulnerable to be undermined beyond recognition. Scholars have previously opined that the modern Court’s application of stare decisis to overturn precedent is not a significant departure from the Court’s historical application of this doctrine and thus, the Court’s stare decisis trend is not alarming. This argument fails to appreciate that overturning precedent under selective application stare decisis factors …
Judicial Fidelity, Caprice L. Roberts
Judicial Fidelity, Caprice L. Roberts
Pepperdine Law Review
Judicial critics abound. Some say the rule of law is dead across all three branches of government. Four are dead if you count the media as the fourth estate. All are in trouble, even if one approves of each branch’s headlines, but none of them are dead. Not yet. Pundits and scholars see the latest term of the Supreme Court as clear evidence of partisan politics and unbridled power. They decry an upheaval of laws and norms demonstrating the dire situation across the federal judiciary. Democracy is not dead even when the Court issues opinions that overturn precedent, upends long-standing …
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. …
Inadequate Privacy: The Necessity Of Hipaa Reform In A Post-Dobbs World, Katherine Robertson
Inadequate Privacy: The Necessity Of Hipaa Reform In A Post-Dobbs World, Katherine Robertson
Seattle University Law Review
Part I of this Comment will provide an overview of HIPAA and the legal impacts of Dobbs. Part II will discuss the anticipatory response to the impacts of Dobbs on PHI by addressing the response from (1) the states, (2) the Biden Administration, and (3) the medical field. Part III will discuss the loopholes that exist in HIPAA and further address the potential impacts on individuals and the medical field if reform does not occur. Finally, Part IV will argue that the reform of HIPAA is the best avenue for protecting PHI related to reproductive healthcare.