Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Publication
- Publication Type
Articles 1 - 9 of 9
Full-Text Articles in Law
Abortion, Moral Law, And The First Amendment: The Conflict Between Fetal Rights & Freedom Of Religion, Barbara Pfeffer Billauer
Abortion, Moral Law, And The First Amendment: The Conflict Between Fetal Rights & Freedom Of Religion, Barbara Pfeffer Billauer
William & Mary Journal of Race, Gender, and Social Justice
The status of abortion as murder, and therefore amenable to governmental intervention and criminalization, has been asserted by those favoring limits on abortion. Opponents claim a superior right of privacy and/or equality exists under the Constitution, vesting in a woman the right to decide activities and actions that affect her physical corpus. The claimed interest of a State to protect the fetus is impliedly based on the concept of “morality” or “natural law,” specifically on the premise that feticide is violative of the basic code of conduct of societal norms. To my knowledge, until now, this is the first investigation …
Re-Evaluating The Criminalization Of In Utero Alcohol Exposure: A Harm-Reduction Approach, Adam J. Duso, John Stogner
Re-Evaluating The Criminalization Of In Utero Alcohol Exposure: A Harm-Reduction Approach, Adam J. Duso, John Stogner
William & Mary Bill of Rights Journal
No abstract provided.
Project Prevention: Concept, Operation, Results And Controversies About Paying Drug Abusers To Obtain Long-Term Birth Control, Bruce A. Thyer
Project Prevention: Concept, Operation, Results And Controversies About Paying Drug Abusers To Obtain Long-Term Birth Control, Bruce A. Thyer
William & Mary Bill of Rights Journal
This Article describes the origins and current operation of Project Prevention, a privately-funded program that provides a payment of $300 to substance abusers who obtain long-term birth control. This practice is intended as a means to prevent the conception of babies to mothers who are prone to expose their developing child to toxic levels of alcohol or other drugs during pregnancy, likely to be unable to care for their child once born, and at risk for having their child removed from their custody by the state and placed in foster care or an adoptive home. Children born to such mothers …
A Liberal Dilemma: Respecting Autonomy While Also Protecting Inchoate Children From Prenatal Substance Abuse, Andrew J. Weisberg, Frank E. Vandervort
A Liberal Dilemma: Respecting Autonomy While Also Protecting Inchoate Children From Prenatal Substance Abuse, Andrew J. Weisberg, Frank E. Vandervort
William & Mary Bill of Rights Journal
No abstract provided.
Increasing Victimization Through Fetal Abuse Redefinition, Margaret Kelly
Increasing Victimization Through Fetal Abuse Redefinition, Margaret Kelly
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Constitutional Birthright: The State, Parentage, And The Rights Of Newborn Persons, James G. Dwyer
Constitutional Birthright: The State, Parentage, And The Rights Of Newborn Persons, James G. Dwyer
Faculty Publications
State parentage laws, dictating who a newborn child's first legal parents will be, have been the subject of constitutional challenges in several U.S. Supreme Court and many lower court decisions. All of those decisions, however, have focused on constitutional rights of adults (especially unwed biological fathers) who wish to become, or to avoid becoming, legal parents. Neither courts nor legal scholars have considered whether the children have any constitutional rights that constrain legislatures and courts in deciding which adults will be their legal parents. If a state enacted a parentage law that said, for example, that any child born to …
Mothers Versus Babies: Constitutional And Policy Problems With Prosecutions For Prenatal Maternal Substance Abuse, Meghan Horn
Mothers Versus Babies: Constitutional And Policy Problems With Prosecutions For Prenatal Maternal Substance Abuse, Meghan Horn
William & Mary Journal of Race, Gender, and Social Justice
This note examines the constitutional and policy implications of criminal prosecutions for prenatal maternal substance abuse under statutes criminalizing drug delivery, child abuse, and manslaughter. Although only one of these convictions has been upheld in the thirty years since a prosecutor first brought such charges, prosecutors continue to propose new and increasingly inventive theories of prosecution. Not only do these cases present procedural due process, substantive due process, and equal protection problems, they also cannot be supported by public policy. The prosecutions are opposed by healthcare workers, pit the interests of mothers and unborn children against each other, and actually …
The Alley Behind First Street, Northeast: Criminal Abortion In The Nation's Capital, 1872-1973, Douglas R. Miller
The Alley Behind First Street, Northeast: Criminal Abortion In The Nation's Capital, 1872-1973, Douglas R. Miller
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Prosecutorial Immunity: The Response To Prenatal Drug Use, Margaret P. Spencer
Prosecutorial Immunity: The Response To Prenatal Drug Use, Margaret P. Spencer
Faculty Publications
No abstract provided.