Law Commons^™

Defending The Constitutionality Of Abortion Rights, Sydney Reil, Cynthiana Desir

Brigham Young University Prelaw Review

In 2018, the constitutionality of the Mississippi Gestational Act was called into question by the Jackson Women’s Health Organization. This act illegalized the majority of abortions after 15 weeks of pregnancy. Given the constitutional right to abortion granted by Roe v. Wade and upheld by Planned Parenthood v. Casey, both the U.S. District Court for the Southern District of Mississippi and the U.S. Court of Appeals for the Fifth Circuit deemed the Act unconstitutional as a violation of that right. The State of Mississippi brought the case under the review of the United States Supreme Court in 2021, seeking …

Underlying Racism Within The Opioid Epidemic, Hannah L.A.S. Wilson

Brigham Young University Prelaw Review

Within the past century, the United States attempted different legal

avenues to address drug abuse. Some of these efforts made access

to drugs punishable and illegal. Others encouraged research to look

at underlying issues of drug abuse and implement those findings.

Within the past fifty years, these laws tended to treat drug addicts

as criminals instead of as persons suffering from a health crisis.

According to the FBI and Uniform Crime Reports, from the 1980’s

to the 2000’s, drug arrests rose by 1.5 million per year, while drug

usage rates stayed the same.3 The severe increase in the criminalization

and …

Stretching The Law: The Application Of Public Nuisance To The Opioid Epidemic, Lindsay Manning, Hannah L. Thompson

Brigham Young University Prelaw Review

Opioid use in the United States increased five-fold in the last decade.

Every day ninety Americans die from drug abuse overdose. Is it

illegal opioid trafficking, or is it a problem within the medical profession?

Recent litigation strategies, like those used in the recent

landmark case of Oklahoma v. Johnson and Johnson, show that opioid

production and distribution are being linked to fueling the opioid

epidemic. Oklahoma is just one of the states that have concluded that

Johnson and Johnson, a large pharmaceutical company, is “overstating”

the efficiency of opioids and “understating” the harmful effects

of these drugs. Consequently, litigation …