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Articles 1 - 15 of 15
Full-Text Articles in Law
Public Health And Morals Abortion: Prohibit Partial-Birth Abortions; Define Partial-Birth Abortion; Provide For Criminal Sanctions Against One Performing Such Procedure; Provide For Exception To Exception To Criminal Sanctions When Such Procedure Is Necessary To Save Life Of Mother; Provide For Civil Remedy For Father And Maternal Grandparents, Subject To Certain Exceptions; Provide That Mother Is Not Subject To Criminal Sanctions For Violation Of This Code Section, James W. Standard Jr.
Georgia State University Law Review
The Act defines and prohibits partial-birth abortions. The Act subjects anyone who performs such an abortion and, thereby ends the life of a human fetus, to criminal liability. The Act excepts from prohibition a partial-birth abortion, which is performed and is necessary to save the life of the mother. The Act also provides that, subject to certain exceptions, the father and maternal grandparents have a civil cause of action when such an abortion is performed. The Act excludes the mother of the fetus from criminal liability under this Act for undergoing such an abortion.
Sex Selection Abortion And The Boomerang Effect Of A Woman's Right To Choose: A Paradox Of The Skeptics, Lynne Marie Kohm
Sex Selection Abortion And The Boomerang Effect Of A Woman's Right To Choose: A Paradox Of The Skeptics, Lynne Marie Kohm
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Taking Federalism Seriously: Lopez And The Partial-Birth Abortion Ban Act, Glenn Harlan Reynolds
Taking Federalism Seriously: Lopez And The Partial-Birth Abortion Ban Act, Glenn Harlan Reynolds
Scholarly Works
In United States v. Lopez, the United States Supreme Court struck down the federal Gun Free School Zones law as not within congressional power to regulate interstate commerce. This article examines post-Lopez jurisprudence regarding the permissible scope of federal criminal law. Analyzing a wide variety of federal criminal laws challenged in post-Lopez cases (including arson, robbery, gun possession, drugs, violence against women, and abortion clinic disruption), the article shows how courts have followed or evaded Lopez. Studying the proposed federal ban on partial birth abortions, the article suggests that the ban is not a lawful exercise of Congress' interstate commerce …
Ru 486 Examined: Impact Of A New Technology On An 0 Id Controversy, Gwendolyn Prothro
Ru 486 Examined: Impact Of A New Technology On An 0 Id Controversy, Gwendolyn Prothro
University of Michigan Journal of Law Reform
Abortion is an extremely divisive issue in American politics and culture. Prothro begins this Article by analyzing the current legal standards governing reproduction, which draw a sharp distinction between abortion and contraception. Prothro then examines the function of RU 486, demonstrating that it acts both as a contraceptive and as an abortifacient. Because of this dual capacity, RU 486 does not fit neatly into the current legal framework. Prothro concludes this Article by arguing that RU 486 should force the Supreme Court to create a new framework for the "procreative right." Prothro argues that this new framework should treat the …
Human Dignity, Privacy, And Personality In German And American Constitutional Law, Edward J. Eberle
Human Dignity, Privacy, And Personality In German And American Constitutional Law, Edward J. Eberle
Law Faculty Scholarship
No abstract provided.
On Death And Dworkin: A Critique Of His Theory Of Inviolability, Richard Stith
On Death And Dworkin: A Critique Of His Theory Of Inviolability, Richard Stith
Law Faculty Publications
No abstract provided.
Taking Federalism Seriously: Lopez And The Partial-Birth Abortion Ban, David B. Kopel, Glenn Harlan Reynolds
Taking Federalism Seriously: Lopez And The Partial-Birth Abortion Ban, David B. Kopel, Glenn Harlan Reynolds
David B Kopel
In United States v. Lopez, the United States Supreme Court struck down the federal Gun Free School Zones law as not within congressional power to regulate interstate commerce. This article examines post-Lopez jurisprudence regarding the permissible scope of federal criminal law. Analyzing a wide variety of federal criminal laws challenged in post-Lopez cases (including arson, robbery, gun possession, drugs, violence against women, and abortion clinic disruption), the article shows how courts have followed or evaded Lopez. Studying the proposed federal ban on partial birth abortions, the article suggests that the ban is not a lawful exercise of Congress' interstate commerce …
Valuing Intrauterine Life, Samuel W. Calhoun
Abortion As Commerce: The Impact Of "United States V. Lopez" On The Freedom Of Access To Clinic Entrances Act Of 1994, Benjamin W. Roberson
Abortion As Commerce: The Impact Of "United States V. Lopez" On The Freedom Of Access To Clinic Entrances Act Of 1994, Benjamin W. Roberson
Vanderbilt Law Review
American politics in the 1990s is preoccupied with the movement of power from a centralized federal authority to state and local governments. There is some measure of consensus that the federal government can no longer provide solutions to all of America's problems., The resulting retreat from the twentieth century federal monolith has interesting implications for constitutional law. The federal government's power expanded largely under the authority of the Commerce Clause. Although the traditional broad interpretation of Congress's commerce power bears little resemblance to the actual text of the Constitution, courts have accepted the notion that Congress may regulate any activity …
Viewing The Constitutionality Of The Access Act Through The Lens Of Federalism, Steven A. Delchin
Viewing The Constitutionality Of The Access Act Through The Lens Of Federalism, Steven A. Delchin
Case Western Reserve Law Review
No abstract provided.
On Death And Dworkin: A Critique Of His Theory Of Inviolability, Richard Stith
On Death And Dworkin: A Critique Of His Theory Of Inviolability, Richard Stith
Maryland Law Review
No abstract provided.
Prenatal Genetic Screening: The Enigma Of Selective Abortion, David Stoller
Prenatal Genetic Screening: The Enigma Of Selective Abortion, David Stoller
Journal of Law and Health
This paper examines the issues of pre-natal genetic testing and its ethical and legal concerns. Part II details the scientific techniques involved in pre-natal genetic testing. Part III discusses the Human Genome Project and its influence on the choices available to prospective parents. Part IV analyzes the moral and ethical issues raised by pre-natal genetic screening. Part V presents the legal issues raised by pre-natal genetic screening. Finally, Part VI concludes and offers a prospective on the future of these technologies.
Genetics, Genetic Testing, And The Specter Of Discrimination: A Discussion Using Hypothetical Cases, Richard H. Underwood, Ronald C. Cadle
Genetics, Genetic Testing, And The Specter Of Discrimination: A Discussion Using Hypothetical Cases, Richard H. Underwood, Ronald C. Cadle
Law Faculty Scholarly Articles
A "genetic revolution" is upon us. Techniques for genetic testing have increased in sophistication, and an international effort to map and sequence human DNA—The Human Genome Project ("HGP")—is now well under way. We are beginning to exploit our new found genetic knowledge. Recognition of the relationship between developments in genetic science, law, and public policy, is creeping into the "literature" and into the law school curriculum. Even the popular 60 Minutes television "news magazine" recently did a program on the perils of genetic testing. Still, for lawyers and policymakers at least, the material is not all that accessible.
The following …
Taking Federalism Seriously: Lopez And The Partial-Birth Abortion Ban Act, Glenn Reynolds, David Kopel
Taking Federalism Seriously: Lopez And The Partial-Birth Abortion Ban Act, Glenn Reynolds, David Kopel
College of Law Faculty Scholarship
In United States v. Lopez, the United States Supreme Court struck down the federal Gun Free School Zones law as not within congressional power to regulate interstate commerce. This article examines post-Lopez jurisprudence regarding the permissible scope of federal criminal law. Analyzing a wide variety of federal criminal laws challenged in post-Lopez cases (including arson, robbery, gun possession, drugs, violence against women, and abortion clinic disruption), the article shows how courts have followed or evaded Lopez. Studying the proposed federal ban on partial birth abortions, the article suggests that the ban is not a lawful exercise of Congress' interstate commerce …
Doing Another's Bidding Under A Theory Of Defense Of Others: Shall We Protect The Unborn With Murder?, Shelby A. D. Moore
Doing Another's Bidding Under A Theory Of Defense Of Others: Shall We Protect The Unborn With Murder?, Shelby A. D. Moore
Kentucky Law Journal
No abstract provided.