Child Rights & Remedies Fall 2012 Class 5

Review of Class # 4 1)Attorneys’ Fees: 3 sources 2)Alyeska (federal), Serrano (California) 3)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 9 th 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?