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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 Jan 2017

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 Mar 2016

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 Mar 2016

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 Mar 2016

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 May 2014

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 Jan 2009

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 Apr 2008

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 Oct 2004

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 Jan 1993

Prosecutorial Immunity: The Response To Prenatal Drug Use, Margaret P. Spencer

Faculty Publications

No abstract provided.