Passing marks for sex ed; courts reject constitutional challenges to school programs

Article Abstract:

Many parents feel that schools are improperly intruding on their tasks by performing sex education in the schools but are not having much success in challenging this practice in the courts on constitutional grounds. In Curtis v. School Committee of Falmouth, the Massachusetts Supreme Judicial Court did not feel condom distribution and sex education without prior parental notification violated the parents' first and 14th Amendment rights. In Brown v. Hot, Sexy and Safer Productions, Inc. the US Court of Appeals for the 1st Circuit felt that even mandatory sex education was not a constitutional violation of the parents' rights.

Evaluation, Parent and child (Law), Sex education, Due process of law

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State law in the driver's seat: two courts reject federal pre-emption to let air bag claims proceed

Article Abstract:

Two state high court decisions indicate state law remains a vital force in the tort area despite efforts by Congress to increase federal law's scope in that area. Both cases involve a lawsuit brought against a car maker in which the absence of an air bag safety device may have contributed to the driver's death. The automakers argued that the federal National Traffic and Motor Vehicle Safety Act of 1966 pre-empted the state actions. The New Hampshire and Indiana supreme courts found against both express and implied pre-emption.

Motor vehicles and car bodies, Automobiles, Automobile Manufacturing, Product liability, New Hampshire, Air bag restraint systems, Airbag restraint systems, Products liability, Exclusive and concurrent legislative powers, Preemption (Legislative power), Indiana

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Witnesses to tragedy; courts open door to more suits for negligent infliction of emotional distress

Article Abstract:

The Supreme Court's of Wisconsin and New Jersey have eased the way for bystanders of serious accidents to sue for emotional distress. The Wisconsin case was Bowen v. Lumbermens Mutual Casualty Co, the New Jersey case Dunphy v. Gregor. The Wisconsin court rejected the zone-of-danger test and crafted a test for negligent infliction of emotional distress, the New Jersey court reasoned that people who are engaged have a close enough relationship to merit recovery for this tort.

Mental distress (Law)

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