Interstate Pre-emption: The Right to Travel, The Right to Life, and the Right to Die, 91 Michigan Law Review 873 (1993)
State laws differ, and they differ on issues of tremendous importance
to the ways that we conduct our lives. Abortion and the right to
die are two issues on which state law intersects with deeply held moral convictions, and on which state laws vary. With so much hanging in the balance, it is not surprising that those who find themselves outvoted
or outmaneuvered in local political processes sometimes seek a
legal climate more compatible with their beliefs about human decency
and dignity. The right to "vote with one's feet" - to travel or move
to another state and trade a law one finds repugnant for a better one -
is defined and circumscribed by the constitutional limitations peculiar to the conflict of laws.
Date of Authorship for this Version
Brilmayer, Lea, "Interstate Pre-emption: The Right to Travel, The Right to Life, and the Right to Die" (1993). Faculty Scholarship Series. 2524.