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- Certificate of Need Regulations; court abuse of discretion to abstain; undue burden of right of access to abortion; abortion law; federal court interference in state court proceedings; Younger v. Harris; Younger doctrine; Roe v. Wade; establishment of abortion as a right; undue burden standard; Planned Parenthood of Southeastern Pennsylvania v. Casey; (1)
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Articles 1 - 10 of 10
Full-Text Articles in Constitutional Law
Constitutional Law—Abstention And Abortion: Application Of The Undue Burden Standard To "Certificate Of Need" Regulations. Planned Parenthood Of Greater Iowa, Inc. V. Atchison, 126 F.3d 1042 (8th Cir. 1997)., Robert Smith
University of Arkansas at Little Rock Law Review
No abstract provided.
The Essence Of Her Womanhood: Defining The Privacy Rights Of Women Prisoners And The Employment Rights Of Women Guards , Rebecca Jurado
The Essence Of Her Womanhood: Defining The Privacy Rights Of Women Prisoners And The Employment Rights Of Women Guards , Rebecca Jurado
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Bibliographical Essay: Women And The Legal Profession , Cynthia Grant Bowman
Bibliographical Essay: Women And The Legal Profession , Cynthia Grant Bowman
American University Journal of Gender, Social Policy & the Law
No abstract provided.
About The Conference, Journal Of Gender, Social Policy & The Law
About The Conference, Journal Of Gender, Social Policy & The Law
American University Journal of Gender, Social Policy & the Law
No abstract provided.
The End Of The North Carolina Abortion Fund, Paul Stam
The End Of The North Carolina Abortion Fund, Paul Stam
Campbell Law Review
This Article supports the court's position that there is no state constitutional right to state funding of abortion. It focuses on three areas often neglected by appellate courts. First, this article will look at the legal environment in which the Constitution of 1868 was adopted. As of 1868, the law of North Carolina would have been hostile to a claim of a right to abortion or a right to state funding of abortion. Abortion rights litigants offer several state cases as precedent for their position. Next, this article will demonstrate that many of these cases are not persuasive or are …
State Laws Criminalizing Female Circumcision: A Violation Of The Equal Protection Clause Of The Fourteenth Amendment, 32 J. Marshall L. Rev. 353 (1999), Shea Lita Bond
UIC Law Review
No abstract provided.
Agency, Equality, And Antidiscrimination Law , Tracy E. Higgins, Laura A. Rosenbury
Agency, Equality, And Antidiscrimination Law , Tracy E. Higgins, Laura A. Rosenbury
Faculty Scholarship
The Supreme Court increasingly has interpreted the Equal Protection Clause as a mandate for the state to treat citizens as if they were equal-as a limitation on the state's ability to draw distinctions on the basis of characteristics such as race and, to a lesser extent, gender. In the context of race, the Court has struck down not only race-specific policies designed to harm the historically oppressed, but race conscious policies designed to foster racial equality. Although in theory the Court has left open the possibility that benign uses of race may be constitutional under some set of facts, in …
The Political Economy Of Recognition: Affirmative Action Discourse And Constitutional Equality In Germany And The U.S.A., Kendall Thomas
The Political Economy Of Recognition: Affirmative Action Discourse And Constitutional Equality In Germany And The U.S.A., Kendall Thomas
Faculty Scholarship
This paper undertakes a comparative exploration of affirmative action discourse in German and American constitutional equality law. The first task for such a project is to acknowledge an important threshold dilemma. The difficulty in question derives not so much from dissimilarities between the technical legal structures of German and American affirmative action policy. The problem stems rather from the different social grounds and groupings on which those legal structures have been erected. Because German "positive action"' applies only to women, gender and its cultural meanings have constituted the paradigmatic subject of the policy. The legal discussion of positive action has …
Miller V. Albright: Problems Of Constitutionalization In Family Law, Katharine B. Silbaugh
Miller V. Albright: Problems Of Constitutionalization In Family Law, Katharine B. Silbaugh
Faculty Scholarship
From time to time, the Supreme Court chooses to hear a case addressing a family law issue. The family law cases accepted by the Supreme Court almost always present a constitutional challenge because absent a constitutional question, state law governs family law. Because the Supreme Court controls its docket, it is free to select only those cases that, in the view of the Court, pose particularly challenging issues. On most occasions, the Court chooses only those family law cases that present other, unrelated issues of interest to the Court.
Liberalism And Abortion, Robin West
Liberalism And Abortion, Robin West
Georgetown Law Faculty Publications and Other Works
First in a groundbreaking book, Breaking the Abortion Deadlock: From Choice to Consent, published in 1996, then in various public fora, from academic conference panels to Christian radio call-in shows, and now in a major law review article entitled My Body, My Consent: Securing the Constitutional Right to Abortion Funding, Eileen McDonagh has sought to redefine drastically our understanding of the still deeply contested right to an abortion, and hence, of the nature of the constitutional protections which in her view this embattled right deserves. Her argument is complicated and subtle, but its basic thrust can be readily …