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Full-Text Articles in Law

The Right To Privacy And America's Aging Population, Kristine Knaplund Aug 2008

The Right To Privacy And America's Aging Population, Kristine Knaplund

Kristine Knaplund

As the number of elderly grows significantly, especially those with cognitive impairments, how do we as a society deal with their need for privacy and intimate association? Two critical issues have so far gone unaddressed in the legal literature: the lack of personal freedom suffered by those who move into large assisted living facilities and nursing homes, versus the lack of social support for those who remain in their own homes. While seniors in nursing homes are lectured and ridiculed, even transferred involuntarily, for having a sexual relationship, elderly living alone are being preyed upon by unscrupulous caregivers who know …


Is Today The Day We Free Electroconvulsive Therapy?, Mike Jorgensen Feb 2008

Is Today The Day We Free Electroconvulsive Therapy?, Mike Jorgensen

Mike Jorgensen

ABSTRACT IS TODAY THE DAY WE FREE ELECTROCONVULSIVE THERAPY? By Mike E Jorgensen Electroconvulsive Therapy, or “ECT,” has become increasingly more popular to treat certain mental illnesses, especially severe depression and pseudo dementia. The stigma it suffered due to prior barbaric type applications in the past are largely historic, and most medical professionals will agree that ECT is safe today, has very minimal side effects, not inherently abusive, and no long- term detriments. Yet, with the increase in popularity and the safe applications, ECT is still treated archaically under the law and the legislative restraints are causing an indigent, elderly …


Right Responsibility: Does The Right To Procreate Include The Responsibility To Parent?, A Felicia Epps Jan 2008

Right Responsibility: Does The Right To Procreate Include The Responsibility To Parent?, A Felicia Epps

Journal Publications

No abstract provided.


The Link Between Carolene Products And Griswold: How The Right To Privacy Protects Popular Practices From Democratic Failures, Alan James Kluegel Jan 2008

The Link Between Carolene Products And Griswold: How The Right To Privacy Protects Popular Practices From Democratic Failures, Alan James Kluegel

University of San Francisco Law Review

This Article proposes that there is, in fact, a constitutional doctrine that protects at least some of these anonymous and diffuse interests-the constitutional right to privacy.


A Hartman Hotz Symposium: Intelligence, Law, And Democracy, Steve Sheppard, Robin Butler, William Howard Taft Iv, Alberto Mora Jan 2008

A Hartman Hotz Symposium: Intelligence, Law, And Democracy, Steve Sheppard, Robin Butler, William Howard Taft Iv, Alberto Mora

Steve Sheppard

On April 25, 2007, the Hartman Hotz Trust of the University of Arkansas hosted a symposium to discuss the relationships between intelligence, law, and democracy. This article contains a transcript of the topics discussed at the symposium. Don Bobbit, Dean of the Fulbright College introduced the panel, and Steve Sheppard, Enfield Professor of Law, moderated the discussion. The panelists included three guests with experience in the intelligence field: Lord Robin Butler, former head of the British Civil Service; Alberto Mora, former General Counsel of the United States Navy; and William Howard Taft IV, former Acting Secretary of Defense and Legal …


The Intriguing Federalist Future Of Reproductive Rights, Scott A. Moss, Douglas M. Raines Jan 2008

The Intriguing Federalist Future Of Reproductive Rights, Scott A. Moss, Douglas M. Raines

Publications

As the decline of Roe v. Wade inspires renewed efforts to restrict federal constitutional abortion rights, the serious shortcomings of abortion rights advocates' strategies for preserving such rights will become increasingly apparent. Continued reliance on Roe is likely to fail with an increasingly unsympathetic Supreme Court. Even abortion rights supporters have begun to criticize the decision for weak reasoning, which is difficult to remedy at this late stage of federal abortion jurisprudence. Moreover, although autonomy and gender equality arguments for abortion rights would improve upon Roe's privacy rationale, such arguments would require abrogating substantial precedent and are, therefore, of limited …