Law Commons^™

Inadequate Healthcare, Inadequate Recovery: Exploring The Challenges Of Compensating Pregnant Inmates Deprived Of Adequate Healthcare At State Prisons, Katherine Mckeon

Connecticut Law Review

Prenatal healthcare services available to pregnant inmates in state prisons are wholly inadequate. Despite the glaring shortcomings of state prisons’ healthcare services, there has still only been limited attention paid to rectifying the problem. This lack of attention is problematic for many reasons, but especially because the number of women in prisons has increased in recent decades and inmates who are pregnant when they arrive to prison face conditions that risk extreme health condition.

Not only are pregnant inmates subjected to inadequate healthcare services, but they also have very few legal remedies available to them when they have been deprived …

Evaluating The Constitutionality Of Marital Status Classifications In The Regulation Of Posthumous Reproduction And Postmortem Sperm Retrieval, Alison Jane Walker

Connecticut Law Review

In Eisenstadt v. Baird, the Supreme Court held that a state law prohibiting the provision of contraceptives to unmarried persons violated the Fourteenth Amendment’s rational basis test because of the disparate treatment it afforded to married and unmarried individuals. Eisenstadt stands for an individual’s right to make their own procreative decisions, free from governmental intrusions which impose arbitrary classifications on privacy and freedom. This Note focuses on posthumous reproduction and, more specifically, postmortem sperm retrieval: the process of using a deceased male’s frozen sperm after his death to produce his biological children at the request of his spouse or intimate …

A Sixth Amendment Inclusionary Rule For Fourth Amendment Violations, Scott W. Howe

Connecticut Law Review

Early in the tenure of Chief Justice Roberts, a five-Justice majority of the Supreme Court signaled that it was ready to consider eliminating the exclusionary rule as a remedy for Fourth Amendment violations. The central concern was that, even after decades of limiting the rule through new exceptions, it purportedly lacked utility in balancing protections against the competing dangers of crime and police abuse, the only rationale on which it has been grounded in the modern era. That existential reappraisal never openly occurred, and the exclusionary rule, in further reduced form, still survives. Yet, given the Court’s recent conservative shift, …

Hostile Learning Environments, The First Amendment, And Public Higher Education, Todd E. Pettys

Connecticut Law Review

The Supreme Court has never squarely addressed the First Amendment status of student-on-student verbal harassment at public institutions of higher education. Does the First Amendment permit public colleges and universities to discipline students on the grounds that their speech has created a hostile learning environment for others on campus? If so, what is the analysis underlying that constitutional judgment, and what are the requisite hallmarks of such an environment? Does it matter whether a student’s speech created the hostile learning environment on its own or whether it wielded that power only by virtue of its combination with the speech of …