Issues in Law & Medicine articles

Recent articles from Issues in Law & Medicine

V. The authorities cited by the Roe court affirm the property rights of unborn persons.
March 22, 2010... Let us see what the nonentity can do. He may be vouched in a recovery, though it is for the purpose of making him answer over in value. He may be an executor. He may take under the Statute of Distributions. He may take by devise. He may be entitled under a charge for raising portions. He may...

IV. The purpose of society is to protect the rights of persons.
March 22, 2010... For the principal aim of society is to protect individuals in the enjoyment of those absolute rights, which were vested in them by the immutable laws of nature; but which could not be preserved in peace without that mutual assistance and intercourse, which is gained by the institution of...

III. "Persons" are the subject of legal rights and duties.
March 22, 2010... In books of the Law, as in other books, and in common speech, "person" is often used as meaning a human being, but the technical legal meaning of a "person" is a subject of legal rights and duties. (93) --John Chipman Gray The Supreme Court is not above reaching for a dictionary. In fact,...

II. The power to establish personhood under the Fourteenth Amendment resides with the states.
March 22, 2010... The very highest duty of the States, when they entered into the Union under the Constitution, was to protect all persons within their boundaries in the enjoyment of these 'unalienable rights with which they were endowed by their Creator.' Sovereignty, for this purpose, rests alone with the...

I. The Roe court's examination of the term "person" was deficient.
March 22, 2010... The words "any person or persons" are broad enough to comprehend every human being. (10) --Chief Justice John Marshall In Roe v. Wade, Justice Harry Blackmun made the claim "that no case could be cited that holds that a fetus is a person within the meaning of the Fourteenth Amendment."...