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Concrete Reliance On Stare Decisis In A Post-Dobbs World, Michael Gentithes
Concrete Reliance On Stare Decisis In A Post-Dobbs World, Michael Gentithes
Con Law Center Articles and Publications
The Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization will be remembered primarily for its destabilizing effect on abortion rights across the country; in its wake, the legality of abortions performed in various states and at various stages of pregnancy was thrown into turmoil that will take years to resolve. In Dobbs’s immediate aftermath, substantive due process jurisprudence has been at least destabilized, if not prepared for greater limitation in the terms to come. But the Court’s approach to that line of cases has also turned stare decisis doctrine into an unclear jumble that may be considered …
Appealable Tros, Bernadette Bollas Genetin
Appealable Tros, Bernadette Bollas Genetin
Con Law Center Articles and Publications
It’s textbook law that temporary restraining orders (TROs) are not appealable. That bright-line rule, however, has never told the whole story. Today, a majority of circuit courts permit appeal of TROs in narrow instances when, for instance, the TRO has the practical effect of an injunction, threatens serious or irreparable injury, and can only be reviewed effectively by immediate appeal. This accords with the Supreme Court’s conclusion in Carson v. American Brands, Inc., which permitted limited appeal of orders that, like TROs, are not express injunctions but may threaten the same irreparable injury as an injunction. The Carson Court emphasized …
The Long History Of Feminist Legal Theory, Tracy Thomas
The Long History Of Feminist Legal Theory, Tracy Thomas
Con Law Center Articles and Publications
This chapter challenges the conventional idea that feminist legal theory began in the 1970s. The advent of legal feminism is usually placed in the second wave feminist movement, birthed by the political activism of the women’s liberation movement and nurtured by the intellectual leadership of women scholars newly entering legal academia. However, legal feminism has a much longer history, going back more than a century earlier. While the term “feminist” was not used in the United States until the 1910s, the foundations of feminist legal theory were first conceptualized as early as 1848 and developed over the next one hundred …
App Permissions And The Third-Party Doctrine, Michael Gentithes
App Permissions And The Third-Party Doctrine, Michael Gentithes
Con Law Center Articles and Publications
Apple’s trademarked catchphrase “there’s an app for that”1 suggests that every app on a modern digital device is perfectly tailored to provide a specific, necessary convenience. Whether the user wants to check the weather, get updates on her favorite baseball team, find a coupon for her next purchase, or track her fitness and activity levels, she can use an app to fill gaps in her life that she may not have known existed. What the user might also not know, however, is that “permissions” either she or the phone’s operating system have granted to the app allow it to access …
Book Review, Strange Bedfellows: Marriage In The Age Of Women's Liberation, Tracy Thomas
Book Review, Strange Bedfellows: Marriage In The Age Of Women's Liberation, Tracy Thomas
Con Law Center Articles and Publications
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