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Child Rights & Remedies Fall 2012

Child Rights & Remedies Fall 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

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Child Rights & Remedies Fall 2012

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  1. Child Rights & RemediesFall 2012 Class 5

  2. Review of Class # 4 • Attorneys’ Fees: 3 sources • Alyeska (federal), Serrano (California) • Common fund

  3. 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

  4. On Specificity: Due Process? • “Reasonable Expectation of Privacy” • “Restraint of Trade”

  5. Federal & State Spending:Strategies • Adjustments • Tax Expenditures • Governmental Level • Fees vs. Taxes • Suspense File

  6. Reproductive Rights • Griswold v. Conn. U.S. (1965) • A note on the 3-part world State Strong Private Weak Private

  7. 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?

  8. Roe v. Wade(1973) 410 U.S. 959 • To point of viability • Viability to birth • Post-birth

  9. 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

  10. Tests: Strict Scrutiny, Rational Relation Where is “undue burden”?

  11. 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?

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