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Articles 1 - 5 of 5
Full-Text Articles in Law
Griswold, Geduldig, And Hobby Lobby: The Sex Gap Continues, Maya Manian
Griswold, Geduldig, And Hobby Lobby: The Sex Gap Continues, Maya Manian
Articles in Law Reviews & Other Academic Journals
In her article, The (Non)-Right to Sex, Professor Mary Ziegler excavates the fascinating legal history of the “sex gap” — the historical failure to address sexual liberty — in the constitutional canon and offers an important cautionary tale for contemporary advocacy of marriage equality. By surfacing lost efforts to expand sexual liberty, and by linking that liberty to intersectional concerns about class, gender, and racial equality, Professor Ziegler both explains why sexual freedom has received such limited constitutional protection and shows how incrementalist litigation strategies aimed at progressive legal change have inadvertently strengthened the state’s power to delimit sexual expression. …
Adventures In Nannydom: Reclaiming Collective Action For The Public's Health, Lindsay Wiley, Wendy E. Parmet, Peter D. Jacobson
Adventures In Nannydom: Reclaiming Collective Action For The Public's Health, Lindsay Wiley, Wendy E. Parmet, Peter D. Jacobson
Articles in Law Reviews & Other Academic Journals
This article presents a summary of recent collaborative efforts to understand and respond to nanny state rhetoric. Instead of summarily rejecting the libertarian critique of paternalism, public health advocates must develop a forceful response that exposes its weak legal basis and reframes the debate in terms of democratic collective action.
Deregulation, Distrust, And Democracy, Lindsay Wiley
Deregulation, Distrust, And Democracy, Lindsay Wiley
Articles in Law Reviews & Other Academic Journals
Environmental, public health, alternative food, and food justice advocates are working together to achieve incremental agricultural subsidy and nutrition assistance reforms that increase access to fresh fruits and vegetables. When it comes to targeting food and beverage products for increased regulation and decreased consumption, however, the priorities of various food reform movements diverge. This article argues that foundational legal issues, including preemption of state and local authority to protect the public's health and welfare, increasing First Amendment protection for commercial speech, and eroding judicial deference to legislative policy judgments, present a more promising avenue for collaboration across movements than discrete …
Orthodoxy And 'The Other Man's Doxy': Medical Licensing And Medical Freedom In The Gilded Age, Lewis Grossman
Orthodoxy And 'The Other Man's Doxy': Medical Licensing And Medical Freedom In The Gilded Age, Lewis Grossman
Articles in Law Reviews & Other Academic Journals
This is a draft of Chapter Two of my book-in-progress under contract with Oxford University Press titled You Can Choose Your Medicine: Freedom of Therapeutic Choice in American History and Law. This chapter shows how freedom of therapeutic choice remained an influential theme in American policy and thought in the Gilded Age. Despite the almost universal restoration of medical licensing after the Civil War, the new licensing regimes were drafted and enforced in ways that protected the rights of practitioners and patients of nonorthodox schools of medicine.This chapter starts by briefly describing the main alternative medical sects during the Gilded …
Panel 3: Chronic Pain, Psychogenic Pain, And Emotion, Robert Dinerstein
Panel 3: Chronic Pain, Psychogenic Pain, And Emotion, Robert Dinerstein
Articles in Law Reviews & Other Academic Journals
No abstract provided.