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Religion & Law

: Constitutionally Correct

Law Review: The Rights of a Fetus under Section 1983

By Alliance Alert

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Unborn & Unprotected: The Rights Of The Fetus Under § 1983 Bram Alden, 57 UCLA L. Rev. 481 (2009) "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."

Full post as published by Constitutionally Correct on January 15, 2010 (boomark / email).

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