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FMSC 487

Final Exam

TermDefinition
Buck v. Bell (US SCT 1927) F: VA sued to have feeble-minded daughter sterilized at the urging of eugenics H: US SCT voting 8-1; upheld VA law that permitted eugenic sterilization
Skinner v. Oklahoma (US SCT 1942) F: addressed issue of cumpulsory sterilization, overturned Oklahoma penal law, which allowed state to order sterilization as punishment for multiple offenses
Roe v. Wade (1973) H: Texas law criminalizes abortion; end of 1st trimester: decision must be left to medical judgement of woman's doctor; end of 2nd: state may promote mother's health & regulate the abortion procedure; before viability: potential of life promoted
Viability When the fetus could be removed from the woman and live outside of the body
Planned Parenthood v. Casey Change Roe's standard to limit state regulations that cause an 'undue burden' on the woman's rights to choose
Belotti v. Baird (1979) Minors need permission to get abortion (some exceptions)
Laura G. v. Peter G. F: while married, H (had vasectomy) supported idea and signed contract but never signed legal consent, now at divorce he says he shouldn't support & wife agrees; court not sure because child has right to support H: He has to support children
Astrue v. Capato (SCt. 2012) F: H froze sperm before cancer treatment, dies; W uses sperm 1 year later, wants SSI to pay father's death benefits I: Should future born children get support if never lived with father? H: Inheritance law controls, so NO in FL, may be OK in some states
Davis v. Davis F: Junior and W mary; H tells W should try AI; 1st doesn't work, W goes back & gets pregnant; divorce before child is born H: With 2 competing requests, we shouldn't burden the one who is against it unless the other one cannot have children otherwise
Reber v. Resiss (PA 2012) F: after marriage W gets cancer, IVF 13 embryos and frozen, no contract, during treatment H wants divorce, 18 mos. later H has baby with other woman; W wants to use eggs to have children H: eggs/embryos are divorce property
Dunson v. Szafranski F: after cancer diagnosis asks boyfriend to donate, he does but when her treatment starts he breaks up; later asks court to prevent her use H: still pending
Sofia Vergara (2015) F: created embryos with non-married partner - just in case; after break-up she sues to prevent him from using them
Matter of Baby M (NJ) F: Stern's sperm impregnates Whitehead (surrogate); she wants to keep baby despite contract giving up parental rights, compensation of $10,000 I: Can this contract be valid? H: Don't allow surrogacy contract (baby selling); if no money involved maybe
Was Baby M right? F: Australia couple (illegal) goes to Thailand for surrogate; twins, later learn one has DS, couple told surrogate to have abortion (she opposes because of religion); couple only takes healthy baby 2015: Thailand banned commercial surrogacey
Levy v. Louisiana (SCT 1986) F: LA allowed kids born in wedlock to recover for loss of mother but not illegitimate, unmarried mom with 5 kids dies during surgery I: Is law that treats illegitimate kids differently than legitimate ones right? H: No, Equal protection (14th amdmnt)
Gomez v. Perez (1973) F: Perez, natural father of Gomez sued for support; court denied it not because she didn't need it but because the state penalized her birth status H: fathers have to pay child support irregardless of birth status
Stanley v. Illinois (1972) F: Mother dies and non-married father want to keep kids, state law says kids become ward of state H: he should be allowed to keep the kids and not have to prove he is fit like some stranger would in an adoption
Virginia's Putative Fathers registry declare or loose the right to have the state locate you at birth and right to have a say in adoption etc. by mother
Amy G. v. M. W. F: Married man has affair & after child is born comes to MD and woman gives child to him, he raises with W; when biological mom wants it back, H argues it is his and so also W's child H: W has no claim to maternity
NAH and AHV v. SLS (2000) F: baby born while mom married to H, mom went back to H (AH) and SLS sued for recognition as biological father, test show both father H: Colo. SCt. says use best interest of the child
Langston v. Langston I: Can a man get a blood test after admitting to being the father? H: Court allows test, man is NOT the father
John P. v. Jamie P. (NY 2014) F: child conceived through AI, hospital doesn't allow both on certificate; marry; divorce; fill out form to give visitation rights to non-bio mom, she files for joint custody, bio mom rejects H: NY law said no other parent, so no visitation rights
Social Services v. Miller F: woman is pregnant and had sex with identical twins; known them since teens, says she can tell them apart, one used protection H: one who didn't use protection is the father, should pay child support
Johnson v. State (1992) F: pregnant woman with history of drug abuse used rock cocaine on morning of labor I: Whether a drug addicted mother can be charged with a criminal offense of delivering controlled substance to baby H: No, don't criminalize her addiction
Hermanson v. State (FL) F: Christian Scientist family believe in healing through prayer; daughter is sick, pray; daughter gets worse & dies in ambulance; parents charged with manslaughter H: Statute didn't give enough guidance on when to change behavior & can't convict parents
Garska v. McCoy (WVA 1981) F: mother & father never married, court gives custody to dad; 15 yo gets pregnant to mom's boyfriend while living in their trailer; no $; baby ill; mom wants gps to adopt for HI I: Who should get custody? H: Dad; later mom
Palmore v. Siodoti Mom wins battle but loses child
SooHoo v. Johnson (Minn. 2007) F: sam sex couple; SH not related to child I: Does she have legal right to child? H: Yes, couple and child should get therapy
Smith v. Smith (OH 2007) F: dad (no custody) doesn't agree with mom's decision, mom allows 12 yo to dress like girl, name Christine and attend transgender support groups, H had not contact with child since separation H: child shouldn't live with mom, full custody to dad
Marriage of Carney TC's decision based on outdated notion of gender roles Custody of 2 sons to mom; modification made after William was in accident left him quadriplegic; mom didn't send support and see kids 5 years; focus was Williams physical disability. He is able to provide a good environment for kids.
Anderson v. Loper (Ala. 1996) F: dad doesn't want to pay anymore child support because daughter finished HS and lives with boyfriend over objection of parents H: He should pay support
Elonis v. US (SCT 2014) F: Anthony Elonis of PA. heinous man, writes bad things about others online, threatens to hurt them I: Whether violent threats made online are illegal H: No, it's freedom of speech
Maryland Army Veteran F: veteran thinks W has affair, sends threatening messages, she works at Capitol H: vet should be taken to hospital for emergency psychiatric evaluation; search home find 2 fire arms
Created by: Jnett