f06review - Constitutional Law II Final Exam Review Fall...

Info iconThis preview shows pages 1–8. Sign up to view the full content.

View Full Document Right Arrow Icon

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
This is the end of the preview. Sign up to access the rest of the document.

Unformatted text preview: Constitutional Law II Final Exam Review Fall 2006 Con Law II 2 Issue Spotting For years, every child born in Cascade (one of the 50 States) has been tested for birth defects and childhood diseases. New advances in genetic testing have made it possible to predict, with a fair degree of certainty, a persons likelihood of developing certain diseases later in life. As a result, Cascade now requires hospitals in the state to take a DNA sample of each newborn baby, and to retain the sample permanently. state action Privacy Dynamic interpretation? Taking Incorporation Substantive due process bodily autonomy Fall 2006 Con Law II 3 Issue Spotting The samples are used not only for research and diagnostic purposes, but are also available to law enforcement agencies, insurance companies, and employers. Law enforcement uses the DNA samples for crime investigation. Insurance companies use the genetic information to determine life and health insurance rates. Employers use the information to screen potential employees. Cascade says that making this information available helps promote public health and safety and the state economy. State action? State interests Criminal search? Disclosure of private info Means Fall 2006 Con Law II 4 Issue Spotting Alice is pregnant and will deliver next month, but objects to the taking of a DNA sample from her baby. She believes the information can be used to discriminate against her child and against her (since once you know a persons DNA, you also know their parents). Parent asserting her childs claims Equal Protection nature of relief Personal autonomy 5 th Amd property Fall 2006 Con Law II 5 Issue Spotting Alice has good cause for concern. She is of African descent, but passes as White, and lists herself as White on insurance and employment forms. It is well known that many insurance companies charge higher rates to African-Americans because they are thought to have higher incidences of certain diseases. Alice is convinced that once her babys DNA is taken and analyzed, both she and her child will be subject to discrimination. Race discrimination Purposeful discrimination Fall 2006 Con Law II 6 Call of the Question What claims should Alice bring if she wants to challenge the law? Will she win? Substantive Due Process Equal Protection State Action (Defendants) Relief sought Fall 2006 Con Law II 7 Issue Organizing For years, every child born in Cascade (one of the 50 States) has been tested for birth defects and childhood diseases. New advances in genetic testing have made it defects and childhood diseases....
View Full Document

Page1 / 25

f06review - Constitutional Law II Final Exam Review Fall...

This preview shows document pages 1 - 8. Sign up to view the full document.

View Full Document Right Arrow Icon
Ask a homework question - tutors are online