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This review covers key legal cases and remedies related to reproductive rights, such as Griswold v. Conn., Roe v. Wade, and Planned Parenthood v. Casey. It explores the First Amendment, privacy expectations, and the legality of contraception use. The text also delves into drug use prevention, informed consent laws, and issues surrounding child abuse convictions linked to substance abuse during pregnancy.
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Child Rights & RemediesFall 2012 Class 5
Review of Class # 4 • Attorneys’ Fees: 3 sources • Alyeska (federal), Serrano (California) • Common fund
Remedies under 42 USC 1983 • Franklin v. Gwinnett – yes • Suter v. Artist M – No “Suter Fix”, CWA amended But ET case, “Henry” Nevada 9th Cir Cases, plus pending
On Specificity: Due Process? • “Reasonable Expectation of Privacy” • “Restraint of Trade”
Federal & State Spending:Strategies • Adjustments • Tax Expenditures • Governmental Level • Fees vs. Taxes • Suspense File
Reproductive Rights • Griswold v. Conn. U.S. (1965) • A note on the 3-part world State Strong Private Weak Private
Is the First Amendment the Only Issue? • Any Person who uses drug, medicinal article or instrument for the purpose of preventing conception shall be fined $50/60 days • Any Person who assists, abets, counsels, hires, causes, commands to commit also... What is the remedy in Griswold?
Roe v. Wade(1973) 410 U.S. 959 • To point of viability • Viability to birth • Post-birth
Planned Parenthood v. Casey (1992) 505 U.S. 833 • Informed consent (24 hours delay + info) • Minor = informed consent of one parent w/ judicial bypass • Woman must sign statement that husband was notified
Tests: Strict Scrutiny, Rational Relation Where is “undue burden”?
Whitner v. South Carolina(1997) 328 S.C. 1 • Cocaine in child at birth, conviction for child abuse, 8 year sentence • Smoking and drinking effects?