Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Abortion rights (1)
- Alden v. Maine (1)
- Americans with Disabilities Act (1)
- Automobile exceptions (1)
- Birth defects (1)
-
- Commerce Clause (1)
- Commerce Power (1)
- Congress (1)
- Court-ordered prenatal intervention (1)
- Criminals (1)
- DNA (1)
- Due process (1)
- Economic concerns (1)
- Equal protection (1)
- Establishment Clause (1)
- Ethics (1)
- Exclusionary rule (1)
- Fair Labor Standards Act (1)
- Federalism (1)
- Fetal rights (1)
- First Amendment (1)
- Fourteenth Amendment (1)
- Fourth Amendment (1)
- Freedom of religion (1)
- Gene therapy (1)
- Gene therapy in utero (1)
- Genetic discrimination (1)
- Genetic predisposition (1)
- Human Genome Project (1)
- Iceland (1)
Articles 1 - 6 of 6
Full-Text Articles in Law
Identification Of The Unknown Soldier And The Fight For The Right To Anonymity: The Human Genome Project And Implications Of A National Dna Database, Kelly S. Erbes
Cleveland State Law Review
The focus of this writing is the use of DNA for identification purposes and the issues that arise when genetic traits and/or predisposition to physical or mental conditions are linked to the individual specifically, along with the implications of a national DNA database as a system of identification. It has become the general rule that it is not an unreasonable invasion of privacy to take DNA for the purpose of identifying criminal offenders through a DNA database. This writing will examine the potential for nonconsensual inclusion of nearly everyone into such a system, as well as the ramifications in the …
The Abortion Right, Originalism, And The Fourteenth Amendment, Steven Graines, Justin Wyatt
The Abortion Right, Originalism, And The Fourteenth Amendment, Steven Graines, Justin Wyatt
Cleveland State Law Review
In this article, the Privileges or Immunities Clause will be re-conceived in its original context, at the center of the Fourteenth Amendment. This re-conception includes the assumption that The Slaughter-House Cases" were decided incorrectly.'" The contention of the article is that abortion restrictions, as a specific originalist matter, can be considered economic legislation and that they also economically burden women, such that they unconstitutionally abridge two privileges or immunities, the Lochnerian liberties to contract and the engagement in any of the common occupations. Specifically, abortion restrictions violate "the prohibition on redistributive 'class' legislation ... that was deeply rooted in the …
Crimes And Errors Impossible To Commit: Defining Away The Fourth Amendment - Wyoming V. Houghton, Rachel Gader-Shafran
Crimes And Errors Impossible To Commit: Defining Away The Fourth Amendment - Wyoming V. Houghton, Rachel Gader-Shafran
Cleveland State Law Review
This Note contends that the Court's decision to adopt the Houghton approach to the automobile warrant exception is problematic for three reasons. First, the Court has erroneously interpreted the historical evidence behind the creation of the Fourth Amendment. Second, the Court, by chipping away at stare decisis, is disrupting the foundations of American jurisprudence and the development of the law. Third, by creating a new lexicon, changing the meanings of the words, the Court is trying to define away the protections afforded by the Fourth Amendment. This Note will briefly summarize the facts of Houghton and review the historical purpose …
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 …
Mr. Justice Holmes's Constitutionally Crooked Path Part Ii: The State Sovereignty Jurisdictional Stopgap , Mitchell B. Weiss
Mr. Justice Holmes's Constitutionally Crooked Path Part Ii: The State Sovereignty Jurisdictional Stopgap , Mitchell B. Weiss
Cleveland State Law Review
This article analyzes the last turn in Justice Holmes's constitutionally crooked path, largely by penetrating to the very core of the Supreme Court's recent decision in Alden v. Maine. Part I therefore traces the Court's waffling attitude towards the division of regulatory power between the state and federal governments. Then, against this backdrop, Part II takes the jurisdictional turn by analyzing the Court's most recent attempt to resuscitate the Tenth Amendment's check on Congress's Commerce Power. To sharpen the focus, much of this article will focus on the Fair Labor Standards Act, a federal statute that always seems to sit …
The Politics Of Religion: Reasonable Accomodations And The Establishment Clause An Analysis Of The Workplace Religious Freedom Act, Gregory J. Gawlik
The Politics Of Religion: Reasonable Accomodations And The Establishment Clause An Analysis Of The Workplace Religious Freedom Act, Gregory J. Gawlik
Cleveland State Law Review
The Workplace Religious Freedom Act is the focus of this note. The Workplace Religious Freedom Act represents another Congressional attempt to fortify the "reasonable accommodations" and "undue hardship" standards of Title VII with regard to religious discrimination in the workplace; the WRFA does go in the face of Supreme Court decisions which have narrowed the scope of those standards, eased burdens on employers, and valiantly guarded the citadel of the First Amendment's Establishment Clause. Specifically, this note will analyze the potential constitutional infirmity of the Workplace Religious Freedom Act in light of Establishment Clause jurisprudence and the Court's rather murky …