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Full-Text Articles in Law

The Unconstitutionality Of Ohio's House Bill 125: The Heartbeat Bill, Jessica L. Knopp Jun 2015

The Unconstitutionality Of Ohio's House Bill 125: The Heartbeat Bill, Jessica L. Knopp

Akron Law Review

This Comment analyzes the constitutionality of Ohio’s controversial H.B. 125 under the Fourteenth and First Amendments to the United States Constitution in the context of current United States Supreme Court precedent. Part II outlines Ohio’s current abortion laws, describes Ohio’s role in creating anti-abortion legislation and case law, provides a context of other abortion bills occurring nationwide, and explains H.B. 125. Part III analyzes how H.B. 125 is unconstitutional under the Fourteenth Amendment in its current form, analyzes its constitutionality if the bill was modified to be a consent-only bill, and analyzes its unconstitutionality under the Establishment Clause of the …


Informed Consent And The First Amendment, Wendy K. Mariner, George J. Annas Apr 2015

Informed Consent And The First Amendment, Wendy K. Mariner, George J. Annas

Faculty Scholarship

For more than two decades, states have been adding to the things that physicians must say and do to obtain “informed consent” — and thereby testing the constitutional limits of states' power to regulate medical practice. In 1992, the Supreme Court upheld states' authority to require physicians to provide truthful information that might encourage a woman to reconsider her decision to have an abortion, finding that such a requirement did not place an “undue burden” on the woman.


A Primer On Hobby Lobby: For-Profit Corporate Entities’ Challenge To The Hhs Mandate, Free Exercise Rights, Rfra’S Scope, And The Nondelegation Doctrine, Terri R. Day, Leticia M. Diaz, Danielle Weatherby Feb 2015

A Primer On Hobby Lobby: For-Profit Corporate Entities’ Challenge To The Hhs Mandate, Free Exercise Rights, Rfra’S Scope, And The Nondelegation Doctrine, Terri R. Day, Leticia M. Diaz, Danielle Weatherby

Pepperdine Law Review

Earlier this term, the United States Supreme Court heard oral argument in the consolidated case of Hobby Lobby Stores, Inc. v. Sebelius, the first of a litany of cases in which for-profit business entities are invoking the Religious Freedom Restoration Act ("RFRA") in support of their claim that the Affordable Care Act’s HHS Mandate violates their freedom of religion. In particular, these plaintiffs argue that the Mandate’s requirement that employer-provided health insurance covers the costs of contraceptives, the "morning after" pill, and other fertility-related drugs conflicts with their deeply-held religious belief that life begins at conception and is, therefore, unconstitutional. …


Abortion And Compelled Physician Speech, David Orentlicher Jan 2015

Abortion And Compelled Physician Speech, David Orentlicher

Scholarly Works

No abstract provided.