ADVERTISEMENT



Google       

Home -> Law Blog Directory -> Religion & Law Blogs -> Mirror of Justice

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Bookmark

Religion & Law

: Mirror of Justice

Unborn children as "persons"

ADVERTISEMENTS

This looks interesting:

Abstract

When the action of a state agent results in the deprivation of the federal rights of any ?person? within the jurisdiction of the United States, that person may bring a civil action under 42 U.S.C. § 1983. In Roe v. Wade, the Supreme Court held that a fetus is not a constitutional ?person.? As a result, an unborn child injured by a state agent may not raise a claim under § 1983. This result, however, has at times appeared unjust. The bar on fetal 1983 claims has obstructed access to state-funded prenatal care, denied fetuses the protection of the police, and insulated state agents from liability where their reckless or abusive actions have resulted in physical injuries to the unborn.

Conceding that the language of Roe presents a virtually insurmountable obstacle to fetal 1983 actions, this Comment argues that neither the facts nor the reasoning of Roe logically support a regime that refuses to compensate unborn children for injuries occasioned by state actors. This Comment proceeds to analyze how the prohibition on fetal 1983 claims generates legal inconsistencies and is unsound from a policy perspective. A principled examination of the unavailability of damages to compensate for in utero injuries reveals that the longstanding bar on fetal 1983 claims should be reconsidered.

[The article--actually, a student "Comment" by the Articles Editor of the UCLA Law Review--is available here.]

Full post as published by Mirror of Justice on February 20, 2010 (boomark / email).

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.
Related Law Articles

Lawsuits and Settlements

Related Searches

























































































































US Law
#1 Online Legal Resource













Your Blog Subscriptions
Subscribe to blogs

10,000+ Law Job Listings
Lawyer . Police . Paralegal . Etc
Earn a law-related degree
Are you the author of this blog? Adding USLaw.com to your Blogroll increases relevance. You qualify to display a USLaw Network badge.
Suggest changes to this blog's description or nominate another for inclusion. Register for updates.


Practice Area
Zip Code:

Contact a Lawyer Now!






0.002 secs (from cache 11/06/26 10:31:49)