Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 2 of 2

Full-Text Articles in Law

Person Or Thing - In Search Of The Legal Status Of A Fetus: A Survey Of North Carolina Law, Tony Hartsoe Jan 1995

Person Or Thing - In Search Of The Legal Status Of A Fetus: A Survey Of North Carolina Law, Tony Hartsoe

Campbell Law Review

What is the status of a fetus in North Carolina? This the primary question addressed by Mr. Hartsoe as he analyzes and critiques the case law and statutory enactments which deal with this question. While there is some case law and statutory authority on point, Mr. Hartsoe concludes that there is an overall paucity of law which defines the legal status of a fetus and, furthermore, the law that does exist is inconsistent. As such, Mr. Hartsoe examines the legal status of a fetus in North Carolina in the areas of wrongful death, prenatal injury, criminal law, wrongful life, wrongful …


Conditioning A Woman's Probation On Her Using Norplant: New Weapon Against Child Abuse Backfires, Scott J. Jebson Jan 1995

Conditioning A Woman's Probation On Her Using Norplant: New Weapon Against Child Abuse Backfires, Scott J. Jebson

Campbell Law Review

Several courts have required female child abusers to choose between either going to prison or accepting the surgical implantation of Norplant as a condition of probation. In this Article, Mr. Jebson argues that a Norplant probation condition is invalid because it is both unreasonable and the probationer cannot give her informed consent to the procedure. Mr. Jebson argues that requiring a woman to choose between using Norplant and going to prison may violate her fundamental right to procreate, her right to be free from cruel and unusual punishment, and her right to freely exercise her religion. Further, the Author also …