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Articles 1 - 27 of 27
Full-Text Articles in Law
Alito Versus Roe V. Wade: Dobbs As A Means Of Circumvention, Avoidance, Attenuation And Betrayal Of The Constitution, Antony Hilton
Alito Versus Roe V. Wade: Dobbs As A Means Of Circumvention, Avoidance, Attenuation And Betrayal Of The Constitution, Antony Hilton
American University Journal of Gender, Social Policy & the Law
There can be no argument that Justice Alito is a learned justice of great knowledge and reason, and has a superb grasp of the law. As such, despite any opposition to or disagreement with his legal opinions, he is deserving of respect for his intellectual prowess, in general and as it relates to the Constitution. Notwithstanding all the aforementioned, wrong is wrong.
In Defense Of The Juggernaut: The Ethical And Constitutional Argument For Prosecutorial Discretion, David A. Lord
In Defense Of The Juggernaut: The Ethical And Constitutional Argument For Prosecutorial Discretion, David A. Lord
American University Journal of Gender, Social Policy & the Law
Within days of the Supreme Court’s decision overturning Roe v. Wade, progressive prosecutors throughout the country announced that if their jurisdictions enacted restrictions on abortion, they would not prosecute the individuals who had these procedures or the doctors who performed them. This is the latest example of situations, like drug crimes, illegal gun possession, and other offenses, where prosecutors have declined to enforce a state law as a matter of public policy. Critics of this broad use of prosecutorial discretion have argued that it violates the constitutional separation of powers.
This Article argues that prosecutorial discretion is well-founded in American …
Deeply Rooted Or Deeply Flawed? A Constitutional Criticism Of Dobbs And Roe's Potential Resurrection, Julian Whitley
Deeply Rooted Or Deeply Flawed? A Constitutional Criticism Of Dobbs And Roe's Potential Resurrection, Julian Whitley
American University Journal of Gender, Social Policy & the Law
Abortion has been a divisive issue in this country for decades. Some believe that abortion should be illegal under any circumstance, others believe that abortion under certain circumstances should be legal, and still others believe that abortion should be legal in all circumstances. The issue of abortion was initially decided by the Court in 1973 under Roe v. Wade, where the Court devised a trimester approach.
Pro-Choice (Of Law): Extraterritorial Application Of State Law Using Abortion As A Case Study, Marnie Leonard
Pro-Choice (Of Law): Extraterritorial Application Of State Law Using Abortion As A Case Study, Marnie Leonard
American University Journal of Gender, Social Policy & the Law
Madison Underwood was scheduled to receive a life-saving abortion at a clinic in Tennessee when her doctor told her the procedure had been canceled. The Supreme Court had overturned the constitutional right to abortion a few days prior. Although Underwood’s abortion was still legal in Tennessee, her doctor felt performing the procedure was too risky with the law changing so quickly.
Exposing Sedated Legal Responses To Non-Consensual Pelvic Exams Under Anesthesia, Ashleigh Austel
Exposing Sedated Legal Responses To Non-Consensual Pelvic Exams Under Anesthesia, Ashleigh Austel
American University Journal of Gender, Social Policy & the Law
When Ashley Weitz, a woman from Utah, underwent sedation for treatment of vomiting, the last thing she expected was to wake up in the middle of an invasive pelvic exam that she did not consent to. The doctor informed her he was collecting a sample to test for sexually transmitted diseases, but the doctor had previously determined a pelvic exam was unnecessary. Reflecting on the experience, Ashley said, “in any other setting, someone putting their fingers into my vagina without my consent is assault. I did not consent to this exam, and he did it anyway.”
Evolving Beyond Reasonable Accommodations Towards "Off-Shelf Accessible" Workplaces And Campuses, Karla Gilbride
Evolving Beyond Reasonable Accommodations Towards "Off-Shelf Accessible" Workplaces And Campuses, Karla Gilbride
American University Journal of Gender, Social Policy & the Law
One of the hallmarks of the Americans with Disabilities Act (“ADA”), which prohibits discrimination in the workplace on the basis of disability, is that it defines “discrimination” to include “not making reasonable accommodations to the known mental or physical limitations of an otherwise qualified individual with a disability.” This concept of reasonable accommodation was seen as innovative in two ways. It recognized that employers must sometimes take affirmative steps or make adaptations to afford individuals with disabilities an equal opportunity to apply for and perform jobs. And it identified the failure to take such affirmative steps as a type of …
Denouncing The Revival Of Pre-Roe V. Wade Abortion Bans In A Post-Dobbs World Through The Void Ab Initio And Presumption Of Validity Doctrines, Nora Greene
American University Journal of Gender, Social Policy & the Law
The United States Supreme Court voted to overturn Roe v. Wade in a leaked draft of Dobbs v. Jackson Women’s Health Organization. Written by Justice Alito and joined by four of the other conservative justices, the decision describes Roe as “egregiously wrong from the start” and blatantly overrules the landmark holding and its prodigy, Planned Parenthood v. Casey. In their state codes, nine states—Alabama, Arizona, Arkansas Michigan, Mississippi, Oklahoma, Texas, West Virginia, and Wisconsin— have unrepealed criminal abortion bans enacted before Roe. These bans prohibit abortion at any point in pregnancy unless to preserve the life of the pregnant person …
The Georgia Life Act: Limiting Women's State Constitutional Right To Privacy, Phoebe Varunok
The Georgia Life Act: Limiting Women's State Constitutional Right To Privacy, Phoebe Varunok
American University Journal of Gender, Social Policy & the Law
No abstract provided.
A Well-Rounded Argument: How Skinner And Obergefell Make Medical Requirements For Surrogacy Contracts Unconstitutional, Amanda Grau
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Contemporary Aspects Of Female Genital Mutilation Prohibitions In The United States, Limor Ezioni
Contemporary Aspects Of Female Genital Mutilation Prohibitions In The United States, Limor Ezioni
American University Journal of Gender, Social Policy & the Law
No abstract provided.
The Patient Protection And Affordable Care Act And Choice In Childbirth: How The Aca's Nondiscrimination Provisions May Change The Legal Landscape Of Childbirth, Caitlin Mccartney
The Patient Protection And Affordable Care Act And Choice In Childbirth: How The Aca's Nondiscrimination Provisions May Change The Legal Landscape Of Childbirth, Caitlin Mccartney
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Redefining Child Under The State Children's Health Insurance Program: Capable Of Repetition, Yet Evading Results, Elisabeth H. Sperow
Redefining Child Under The State Children's Health Insurance Program: Capable Of Repetition, Yet Evading Results, Elisabeth H. Sperow
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Consumer Direction In Medicaid Long Term Care: Autonomy, Commodification Of Family Labor, And Community Resilience, Daniela Kraiem
Consumer Direction In Medicaid Long Term Care: Autonomy, Commodification Of Family Labor, And Community Resilience, Daniela Kraiem
American University Journal of Gender, Social Policy & the Law
No abstract provided.
"Protecting" Women's Health: How Gonzales V. Carhart Endangers Women's Health And Women's Equal Right To Personhood Under The Constitution, Martha K. Plante
"Protecting" Women's Health: How Gonzales V. Carhart Endangers Women's Health And Women's Equal Right To Personhood Under The Constitution, Martha K. Plante
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Symposium: Molecules And Conflict: Cancer, Petents, And Women's Health, Eileen M. Kane
Symposium: Molecules And Conflict: Cancer, Petents, And Women's Health, Eileen M. Kane
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Symposium: Comments On Panel 2, Peter Jaszi
Symposium: Comments On Panel 2, Peter Jaszi
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Mental Health Parity For Children And Adolescents: How Private Insurance Discrimination And Erisa Have Kept American Youth From Getting The Treatment They Need, Elizabeth S. Boison
Mental Health Parity For Children And Adolescents: How Private Insurance Discrimination And Erisa Have Kept American Youth From Getting The Treatment They Need, Elizabeth S. Boison
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Do Parents Have The Legal Authority To Consent To The Surgical Amputation Of Normal, Healthy Tissue From Their Infant Children?: The Practice Of Circumcision In The United States , Ross Povenmire
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Legislative Developments In The Regulation Of Insurance Coverage: Will These New Regulations Benefit Women With Breast Cancer? , Julia Anastasio
Legislative Developments In The Regulation Of Insurance Coverage: Will These New Regulations Benefit Women With Breast Cancer? , Julia Anastasio
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Representing Families Affected By Hiv/Aids: How The Proposed Federal Standby Guardianship Act Facilitates Future Planning In The Best Interests Of The Child And Family, Kelly C. Rozmus
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Reconceiving The Family: Challenging The Paradigm Of The Exclusive Family, Alison Harvinson Young
Reconceiving The Family: Challenging The Paradigm Of The Exclusive Family, Alison Harvinson Young
American University Journal of Gender, Social Policy & the Law
No abstract provided.
The Presumption Of Guilt And Compulsory Hiv Testing Of Accused Sex Offenders: A Case Study Of State Ex Rel. J.G., N.S., And J.T., Justin Amaechi Okezie
The Presumption Of Guilt And Compulsory Hiv Testing Of Accused Sex Offenders: A Case Study Of State Ex Rel. J.G., N.S., And J.T., Justin Amaechi Okezie
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Expanding The Feminist Imagination: An Analysis Of Reproductive Right, Edith L. Pacillo
Expanding The Feminist Imagination: An Analysis Of Reproductive Right, Edith L. Pacillo
American University Journal of Gender, Social Policy & the Law
No abstract provided.
The Doctrine Of Informed Consent And Women: The Achievement Of Equal Value And Equal Exercise Of Autonomy, Lisa Napoli
The Doctrine Of Informed Consent And Women: The Achievement Of Equal Value And Equal Exercise Of Autonomy, Lisa Napoli
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Condoms Overturned On Appeal: Teens Stripped Of Their Rights, Sharon Pmeranz
Condoms Overturned On Appeal: Teens Stripped Of Their Rights, Sharon Pmeranz
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Drug Addiction During Pregnancy: A Call For Increased Social Responsibility, Page Mcguire Linden
Drug Addiction During Pregnancy: A Call For Increased Social Responsibility, Page Mcguire Linden
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Implementation Of The Family And Medical Leave Act: Toward The Family-Friendly Workplace, Claudia Withers
Implementation Of The Family And Medical Leave Act: Toward The Family-Friendly Workplace, Claudia Withers
American University Journal of Gender, Social Policy & the Law
No abstract provided.