PLS 460 Privacy Notes

PLS 460 Privacy Notes - Union Pacific v Botsford 141 U.S...

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Union Pacific v Botsford 141 U.S. 259 Posed the question whether a woman who sustained a concussion and other injuries in a train accident could be compelled to submit to surgical examination by medical experts for the defendant railroad. The Court concluded it had no legal right or power to enforce such a form of discovery. Court spoke of “inviolability of a person.” Buck v Bell 274 U.S. 200 The Court upheld Virginia’s policy of sterilizing mental defectives. “It is better for all the world, if instead of waiting to execute degenerate offspring crime, or to let them starve for their imbecility, society can prevent those who are manifestly from continuing their kind.” Skinner v Oklahoma 316 U.S. 535 Oklahoma law provided that anyone convicted of two or more felonies that were crimes of “moral turpitude” could be sterilized because of habitual criminality, although the state excluded convictions for prohibition or revenue act violations, embezzlement, or political offenses. The statute in this case was a violation of equal protection of the laws because, as the Court pointed out, a three-time chicken thief could be sterilized, but a three-time embezzler could not. Meyer v Nebraska 262 U.S. 390 (1923) Court struck down a state statute that banned the teaching of any language other than English until students were in high school. Liberty Interests 1) freedom from bodily restraint or “physical liberty” 2) substantive constitutional rights 3) other fundamental freedoms Pierce v Society of Sisters 268 U.S. 510 The Court declared unconstitutional an Oregon law requiring children between the ages
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PLS 460 Privacy Notes - Union Pacific v Botsford 141 U.S...

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