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Articles 1 - 5 of 5
Full-Text Articles in Privacy Law
The Right To Financial Privacy Act Of 1978-The Congressional Response To United States V. Miller: A Procedural Right To Challenge Government Access To Financial Records, Nancy M. Kirschner
The Right To Financial Privacy Act Of 1978-The Congressional Response To United States V. Miller: A Procedural Right To Challenge Government Access To Financial Records, Nancy M. Kirschner
University of Michigan Journal of Law Reform
This article will review the factors leading to the Miller decision and the legislative response to that decision. Part I will examine the bank customer's expectation of privacy and the way Miller affects this expectation. Part II will discuss the congressional response to Miller and the competing interests which led to the Right to Financial Privacy Act. The Act itself will be discussed in detail in Part III. Part IV will evaluate the Act, and offer recommendations for reform. The article concludes that the Act, by adopting a purely procedural approach, fails to provide adequate protection to bank customers.
Parental Notification As A Prerequisite For Minors' Access To Contraceptives: A Behavioral And Legal Analysis, Michael N. Finger
Parental Notification As A Prerequisite For Minors' Access To Contraceptives: A Behavioral And Legal Analysis, Michael N. Finger
University of Michigan Journal of Law Reform
This article examines whether the constitutional right of parents to determine what is best for their children prevents the state from permitting minors access to contraceptives without notifying their parents. Part I examines the effect of the presence or absence of a notice requirement upon the interests of parents, minors, and the state. Part II reviews the development of the constitutional right of privacy and the impact of parental rights and state interests on the extension of privacy rights to minors. Part III considers the manner in which the interests of minors, parents, and the state should be balanced. The …
Rewriting Roe V. Wade, Donald H. Regan
Rewriting Roe V. Wade, Donald H. Regan
Articles
Roe v. Wade is one of the most controversial cases the Supreme Court has decided. The result in the case - the establishment of a constitutional right to abortion - was controversial enough. Beyond that, even people who approve of the result have been dissatisfied with the Court's opinion. Others before me have attempted to explain how a better opinion could have been written. It seems to me, however, that the most promising argument in support of the result of Roe has not yet been made. This essay contains my suggestions for "rewriting" Roe v. Wade
The Abortion-Funding Cases And Population Control: An Imaginary Lawsuit (And Some Reflections On The Uncertain Limits Of Reproductive Privacy), Susan Frelich Appleton
The Abortion-Funding Cases And Population Control: An Imaginary Lawsuit (And Some Reflections On The Uncertain Limits Of Reproductive Privacy), Susan Frelich Appleton
Michigan Law Review
Two issues are before us today: (I) the meaning of the term "medically necessary" in a public hospital's charter and (II) the constitutionality of state action that provides free medical treatment to indigent pregnant women seeking an abortion but denies them such assistance for prenatal care and childbirth. On the basis of recent Supreme Court authority, we find that such action violates neither the hospital's charter nor the United States Constitution.
Roe V. Wade And The Lesson Of The Pre-Roe Case Law, Richard Gregory Morgan
Roe V. Wade And The Lesson Of The Pre-Roe Case Law, Richard Gregory Morgan
Michigan Law Review
The politically unsettled and judicially confused law of abortion in 1971 and 1972, when the Court twice heard arguments and deliberated Roe, should have warned it not to decide the case. By doing so; the Court thrust itself into a political debate and stunted the development of a thoughtful lower-court case law. If the Court did perceive the warnings but continued toward a decision anyway, perhaps trusting that its own considerable wits would devise an answer the lower courts had not, the result suggests that the judicial system's axioms deserve more respect than they received. This Article, by showing …