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Stallman V. Youngquist "No, You Can't Sue Mommy In Illinois:" The Illinois Supreme Court Rejects Maternal Prenatal Civil Liability, Joseph S. Badger
Stallman V. Youngquist "No, You Can't Sue Mommy In Illinois:" The Illinois Supreme Court Rejects Maternal Prenatal Civil Liability, Joseph S. Badger
Northern Illinois University Law Review
This note examines the Illinois Supreme Court case which decided whether a mother could be held liable to her child for negligent infliction of prenatal injuries. This case pitted the interests of a fetus in being born with a sound mind and body against a mother's right to personal autonomy. After weighing the merits of these competing claims, and assessing the implications of an opposite conclusion, the supreme court held that the rights of the mother were superior to the interests of her fetus. This note explores the soundness of the court's decision to reject maternal prenatal civil liability and …
When Self Abuse Becomes Child Abuse: The Need For Coercive Prenatal Government Action In Response To The Cocaine Baby Problem, Kevin Drendel
When Self Abuse Becomes Child Abuse: The Need For Coercive Prenatal Government Action In Response To The Cocaine Baby Problem, Kevin Drendel
Northern Illinois University Law Review
This Commentary identifies prenatal drug exposure of infants as a problem with which our society must come to terms. The judicial system is capable of providing solutions, but a void of appropriate legislation hampers that ability. Among the legal vehicles available are criminal laws, child abuse and neglect laws, civil and criminal injunctions, and involuntary commitment laws. A balancing of the maternal, societal, and fetal interests involved can be accomplished on a case by case basis in the absence of enabling and guiding legislation. However, legislation in this highly sensitive area is a better way. This commentary explores the problem, …