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Articles 1 - 30 of 55
Full-Text Articles in Entire DC Network
United States V. Clary: Equal Protection And The Crack Statute , Jason A. Gillmer
United States V. Clary: Equal Protection And The Crack Statute , Jason A. Gillmer
American University Law Review
No abstract provided.
The Arts: A Traditional Sphere Of Free Expression? First Amendment Implications Of Government Funding To The Arts In The Aftermath Of Rust V. Sullivan , Thomas P. Leff
The Arts: A Traditional Sphere Of Free Expression? First Amendment Implications Of Government Funding To The Arts In The Aftermath Of Rust V. Sullivan , Thomas P. Leff
American University Law Review
No abstract provided.
The Arts: A Traditional Sphere Of Free Expression? First Amendment Implications Of Government Funding To The Arts In The Aftermath Of Rust V. Sullivan , Thomas P. Leff
The Arts: A Traditional Sphere Of Free Expression? First Amendment Implications Of Government Funding To The Arts In The Aftermath Of Rust V. Sullivan , Thomas P. Leff
American University Law Review
No abstract provided.
United States V. Clary: Equal Protection And The Crack Statute , Jason A. Gillmer
United States V. Clary: Equal Protection And The Crack Statute , Jason A. Gillmer
American University Law Review
No abstract provided.
Securing Deliberative Autonomy, James E. Fleming
Securing Deliberative Autonomy, James E. Fleming
Faculty Scholarship
In this article, Professor Fleming proposes to tether the right of autonomy by grounding it within a constitutional constructivism, a guidingframeworkfor constitutional theory with two fundamental themes: deliberative democracy and deliberative autonomy. He advances deliberative autonomy as a unifying theme that shows the coherence and structure of certain substantive liberties on a list of familiar "unenumerated" fundamental rights (commonly classed under privacy, autonomy, or substantive due process). The bedrock structure of deliberative autonomy secures basic liberties that are significant preconditions for persons' ability to deliberate about and make certain fundamental decisions affecting their destiny, identity, or way of life. As …
Back To The Briarpatch: An Argument In Favor Of Constitutional Meta-Analysis In State Action Determinations, Ronald J. Krotoszynski Jr.
Back To The Briarpatch: An Argument In Favor Of Constitutional Meta-Analysis In State Action Determinations, Ronald J. Krotoszynski Jr.
Michigan Law Review
Brer Rabbit, after claiming repeatedly that he would prefer almost anything to being thrown into the briarpatch, expressed glee once tossed there. In fact, Brer Rabbit wanted to be in the briarpatch because, like most rabbits, he could navigate the briarpatch with relative ease: the briarpatch was home.
Over the course of a century, the Supreme Court has developed a great degree of familiarity with the state action doctrine, a doctrinal briar patch. Like Brer Rabbit, the Court has disclaimed repeatedly any interest in being there.
In this article, I argue that the existing tests for establishing the presence of …
Homologizing Pregnancy And Motherhood: A Consideration Of Abortion, Julia E. Hanigsberg
Homologizing Pregnancy And Motherhood: A Consideration Of Abortion, Julia E. Hanigsberg
Michigan Law Review
In this essay I reconsider abortion in order to bridge what initially seem to be two opposing frameworks: first, the conception of abortion as an issue of women's bodily integrity and liberty, and second, the acknowledgement of the existence and meaning of intrauterine life. The abortion choice is indeed deeply and necessarily tied to women's bodily integrity. I will discuss how taking away women's ability to control their decision not to become mothers can be severely damaging to their very sense of self, for this denial of decisionmaking divides women from their wombs and uses their wombs for a purpose …
Reconsidering Abortion Law: Liberty, Equality, And The Rhetoric Of Planned Parenthood V. Casey , Erin Daly
Reconsidering Abortion Law: Liberty, Equality, And The Rhetoric Of Planned Parenthood V. Casey , Erin Daly
American University Law Review
No abstract provided.
Association, Advocacy, And The First Amendment, Victor Brudney
Association, Advocacy, And The First Amendment, Victor Brudney
William & Mary Bill of Rights Journal
No abstract provided.
Freedom Of Religion In The Netherlands, Sophie C. Van Bijsterveld
Freedom Of Religion In The Netherlands, Sophie C. Van Bijsterveld
BYU Law Review
No abstract provided.
Constitutional Misconceptions, Radhika Rao
Constitutional Misconceptions, Radhika Rao
Michigan Law Review
A Review of Children of Choice: Freedom and the New Reproductive Technologies by John A. Robertson
The Countermajoritarian Paradox, Neal Davis
The Countermajoritarian Paradox, Neal Davis
Michigan Law Review
A Review of Liberty and Sexuality: The Right to Privacy and the Making of Roe v. Wade. by David J. Garrow
The New Federalism, Richard C. Reuben
The New Federalism, Richard C. Reuben
Faculty Publications
the 10th Amendment was something they noted for the bar exam and then promptly forgot about. But for many conservative lawyers and politicians, the 10th Amendment- which reserves to the states all powers not given to the federal government-has been anything but academic. For them, it embodies the founders' promise for a nation in which the states and federal government are near-equal partners. And they have fought long and hard to give the amendment its proper due. As the rise of House Speaker Newt Gingrich, R-Ga., and his Contract with America attest, their day may have finally come. Today, federalism, …
In Search Of The Post-Positivist Jury, Mark Cammack
In Search Of The Post-Positivist Jury, Mark Cammack
Indiana Law Journal
No abstract provided.
Exclusion To Emancipation: A Comparative Analysis Of Women's Citizenship In Australia And The United States 1869-1921, Linda J. Kirk
Exclusion To Emancipation: A Comparative Analysis Of Women's Citizenship In Australia And The United States 1869-1921, Linda J. Kirk
West Virginia Law Review
No abstract provided.
Constitutional Law — "Words That Injure: Laws That Silence:" Campus Hate Speech Codes And The Threat To American Education, Jeanne M. Craddock
Constitutional Law — "Words That Injure: Laws That Silence:" Campus Hate Speech Codes And The Threat To American Education, Jeanne M. Craddock
Florida State University Law Review
No abstract provided.
Second Chances: Bill C-72 And The Charter, Isabel Grant
Second Chances: Bill C-72 And The Charter, Isabel Grant
Osgoode Hall Law Journal
This paper examines the legislative response to the Supreme Court of Canada's decision in R. v. Daviault. The author argues that Bill C-72, which limits the defence of extreme intoxication, is constitutional because of its strong underpinnings in equality. The author reviews the statistics on violence against women and the role of intoxication in that violence to illustrate why the defence of intoxication raises issues of sex equality. The author argues that a court assessing the constitutionality of Bill C-72 should consider this strong foundation in equality and the fact that the Bill is the result of a careful balancing …
Old Wine In New Bottles: The Constitutional Status Of Unconstitutional Speech, Mark A. Graber
Old Wine In New Bottles: The Constitutional Status Of Unconstitutional Speech, Mark A. Graber
Vanderbilt Law Review
This Article explores whether contemporary advocates of restrictions on bigoted expression have more in common with contemporary advocates of broad First Amendment rights or with past censors. The critical theorists who would ban some hate speech rely heavily on the equal citizenship principles that radical civil libertarians believe justify almost absolute speech rights. Past censors, however, also relied heavily on principles that libertarians in their generation thought justified almost absolute speech rights. The First Amendment, past and present censors argue, does not fully protect speech in- consistent with what they believe are basic constitutional values. This claim repudiates a basic …
Levin, Jeffries, And The Fate Of Academic Autonomy, Nathan Glazer
Levin, Jeffries, And The Fate Of Academic Autonomy, Nathan Glazer
William & Mary Law Review
No abstract provided.
Human Rights Law And Reproductive Self-Determination Conference On The Interventional Protection Of Reproductive Rights, Rebecca J. Cook
Human Rights Law And Reproductive Self-Determination Conference On The Interventional Protection Of Reproductive Rights, Rebecca J. Cook
American University Law Review
No abstract provided.
Transcript: Facing Facts: The Role Of Epidemiology In Reproductive Rights Advocacy Conference On The Interventional Protection Of Reproductive Rights: Reproduction, Rights, And Reality: How Facts And Law Can Work For Women , Lynn Freedman, Deborah Maine
Transcript: Facing Facts: The Role Of Epidemiology In Reproductive Rights Advocacy Conference On The Interventional Protection Of Reproductive Rights: Reproduction, Rights, And Reality: How Facts And Law Can Work For Women , Lynn Freedman, Deborah Maine
American University Law Review
No abstract provided.
Adding Complexity To Confusion And Seeing The Light: Feminist Legal Insights And The Jurisprudence Of The Religion Clauses, Leslie Gielow Jacobs
Adding Complexity To Confusion And Seeing The Light: Feminist Legal Insights And The Jurisprudence Of The Religion Clauses, Leslie Gielow Jacobs
McGeorge School of Law Scholarly Articles
No abstract provided.
Federalism And Families, Anne Dailey
Federalism And Families, Anne Dailey
Faculty Articles and Papers
No abstract provided.
What If Mary Sue Wanted An Abortion Instead? The Effect Of Davis V. Davis On Abortion Rights, Christina L. Misner
What If Mary Sue Wanted An Abortion Instead? The Effect Of Davis V. Davis On Abortion Rights, Christina L. Misner
American University Journal of Gender, Social Policy & the Law
No abstract provided.
A Comment On "Constitutional Rights As Public Goods", Robert F. Nagel
A Comment On "Constitutional Rights As Public Goods", Robert F. Nagel
Publications
Discussion of T. W. Merrill, Dolan v. City of Tigard: Constitutional Rights as Public Goods, 72 Denv. U. L. Rev. 859 (1995).
Conference On The Interventional Protection Of Reproductive Rights: Introduction, Donna Sullivan
Conference On The Interventional Protection Of Reproductive Rights: Introduction, Donna Sullivan
American University Law Review
Reproductive Rights conference
Conference On The Interventional Protection Of Reproductive Rights: Preface , Lauren Gilbert, Ann Shalleck, Claudio Grossman
Conference On The Interventional Protection Of Reproductive Rights: Preface , Lauren Gilbert, Ann Shalleck, Claudio Grossman
American University Law Review
Reproductive Rights conference
Remarks Cecilia Medina-Quiroga Conference On The Interventional Protection Of Reproductive Rights: Reproduction, Rights, And Reality: How Facts And Law Can Work For Women , Cecelia Medina-Quiroga
Remarks Cecilia Medina-Quiroga Conference On The Interventional Protection Of Reproductive Rights: Reproduction, Rights, And Reality: How Facts And Law Can Work For Women , Cecelia Medina-Quiroga
American University Law Review
No abstract provided.
Children Of Choice: Whose Children? At What Cost?, Laura M. Purdy
Children Of Choice: Whose Children? At What Cost?, Laura M. Purdy
Washington and Lee Law Review
No abstract provided.
Affirmative Action As A Women's Issue, Helen Norton
Affirmative Action As A Women's Issue, Helen Norton
Publications
No abstract provided.