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Full-Text Articles in Law
A Requiem For Requiems: The Supreme Court At The Bar Of Reality, Stanley K. Laughlin Jr.
A Requiem For Requiems: The Supreme Court At The Bar Of Reality, Stanley K. Laughlin Jr.
Michigan Law Review
It is true that the test set out in Roth v. United States is moribund. In a sense it was stillborn. While five Justices, only one of whom remains on the Court, joined in the majority opinion in Roth, that case only adumbrated certain considerations that later were forged into what has come to be known as the Roth test. No sooner did the forging process begin than the Court became fragmented on this issue, and a majority of the Justices has never since concurred in the test-certainly not in a compatible formulation of it. Today, it is not …
Constitutional Law--Church And State--Freedom Of Religion--The Constitutionality Under The Religion Clauses Of The First Amendment Of Compulsory Sex Education In Public Schools, Michigan Law Review
Constitutional Law--Church And State--Freedom Of Religion--The Constitutionality Under The Religion Clauses Of The First Amendment Of Compulsory Sex Education In Public Schools, Michigan Law Review
Michigan Law Review
It has been said that "[s]ex education, once the domain of the church and the home, has by necessity, become a responsibility of the schools." Indeed, by the operation of most state education statutes, sex education can be made compulsory in public primary and secondary schools if it is taught as part of otherwise compulsory classes or if the local school authorities have prescribed sex education courses as a compulsory part of the curriculum. While some of the state statutes authorize exemptions on religious grounds, most do not. Nevertheless, the introduction of sex education into public schools has not been …
Constitutional Reflections On Abortion Reform, Patrick L. Baude
Constitutional Reflections On Abortion Reform, Patrick L. Baude
University of Michigan Journal of Law Reform
United States abortion law is evolving comparably. Even eight years ago, public opinion was deeply divided when a Phoenix housewife sought to avoid giving birth after taking Thalidomide. The Model Penal Code, promulgated that year, authorized abortion in cases of felonious intercourse, to avoid deformity, and to protect the physical or mental health of the mother; these faintly daring innovations are now in danger of being declared unconstitutional because they are too limited. In the last year, three courts have invalidated moderate abortion statutes and the New York legislature has permitted abortion at will in early pregnancy. The purpose of …
Constitutional Problems Of Population Control, Bettye S. Elkins
Constitutional Problems Of Population Control, Bettye S. Elkins
University of Michigan Journal of Law Reform
An analysis of the urgency and magnitude of the population problem would show that both national and human survival depend on limiting man's incredible ability to procreate. The world's resources are finite; man's consumption of them must be made so, too, or Malthus' four horsemen will balance the supply and demand for us. If we are not to starve our grandchildren, to leave them with no immunity to the pestilence of overcrowding and hopelessness, to kill them with pollution, or to force war upon them as the only way to secure enough territory to feed a voracious population, we must …
The Public Trust Doctrine In Natural Resource Law: Effective Judicial Intervention, Joseph L. Sax
The Public Trust Doctrine In Natural Resource Law: Effective Judicial Intervention, Joseph L. Sax
Michigan Law Review
Public concern about environmental quality is beginning to be felt in the courtroom. Private citizens, no longer willing to accede to the efforts of administrative agencies to protect the public interest, have begun to take the initiative themselves. One dramatic result is a proliferation of lawsuits in which citizens, demanding judicial recognition of their rights as members of the public, sue the very governmental agencies which are supposed to be protecting the public interest. While this Article was being written, several dozen such suits were initiated-to enforce air and water pollution laws in states where public agencies have been created …