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Protecting the essence of being

Article Abstract:

Theresa Morelli is a lawyer who is working for laws to govern access to information about genetic disorders. Often healthcare providers supply insurance companies with information concerning genetic disorders, and the insurance companies will automatically deny coverage. Health insurance applications contain information that is sent to a centralized data bank used by insurance companies. Insurance companies deny discrimination, but there are numerous cases documented, some involving fetuses with genetic defects. Morelli hopes to see federal genetic civil rights legislation.

Medical records, Access control, Records and correspondence, Genetic disorders

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State courts: the next frontier for civil liberties

Article Abstract:

Public interest law organizations such as the American Civil Liberties Union (ACLU) are bringing civil liberties cases to the state courts rather than to the federal courts. This shift in strategy reflects the belief that the US Supreme Court's conservative majority is unlikely to protect individual rights. Conservative public interest law groups that oppose excessive rights are keeping pace with the ACLU's state litigation. The correct use of the state constitutions will be the key to winning these cases.

Planning, American Civil Liberties Union, Public interest law

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Beware the dark side of constitutional law: know the differences between state and federal law before you jump into your case

Article Abstract:

Lawyers who plan to handle civil rights cases should be aware of how state law differs from federal law and that the state courts can be preferable to the federal courts for filing complaints. Lawyers should take advantage of the state courts' power to reject the US Supreme Court's rulings on analogue federal rights and to allow greater rights. The US Supreme Court's hostility to individual rights and the superior responsiveness of state law are further reasons for preferring the state courts.

Interpretation and construction, Federal courts, Constitutional law, Constitutional interpretation

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