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Articles 61 - 69 of 69
Full-Text Articles in Law and Gender
Black Women And The Constitution: Finding Our Place, Asserting Our Rights, Judy Scales-Trent
Black Women And The Constitution: Finding Our Place, Asserting Our Rights, Judy Scales-Trent
Journal Articles
No abstract provided.
A Break In The Silence: Including Women's Issues In A Torts Course, Lucinda M. Finley
A Break In The Silence: Including Women's Issues In A Torts Course, Lucinda M. Finley
Journal Articles
No abstract provided.
Breaking Women's Silence In Law: The Dilemma Of The Gendered Nature Of Legal Reasoning, Lucinda M. Finley
Breaking Women's Silence In Law: The Dilemma Of The Gendered Nature Of Legal Reasoning, Lucinda M. Finley
Journal Articles
No abstract provided.
Transcending Equality Theory: A Way Out Of The Maternity And The Workplace Debate, Lucinda M. Finley
Transcending Equality Theory: A Way Out Of The Maternity And The Workplace Debate, Lucinda M. Finley
Journal Articles
No abstract provided.
Liberty And Community In Constitutional Law: The Abortion Cases In Comparative Perspective, Donald P. Kommers
Liberty And Community In Constitutional Law: The Abortion Cases In Comparative Perspective, Donald P. Kommers
Journal Articles
In the mid-1970s the high courts of several western democracies handed down constitutional decisions concerning the legal regulation of abortion. All of the courts sustained their abortion statutes except the United States and West Germany, which moved in opposite directions. The US Supreme Court voided the conservative abortion statutes of various states while West Germany's highest court nullified an abortion statute that took a liberal stance on abortion. The extended opinions of the American and German courts and their contrasting grounds for decision make them fitting candidates for a comparative analysis of abortion jurisprudence. The abortion issue illustrates the tension …
Sexual Harassment And Race: A Legal Analysis Of Discrimination, Judy Scales-Trent
Sexual Harassment And Race: A Legal Analysis Of Discrimination, Judy Scales-Trent
Journal Articles
No abstract provided.
Abortion And Constitution: United States And West Germany, Donald P. Kommers
Abortion And Constitution: United States And West Germany, Donald P. Kommers
Journal Articles
The US Supreme Court’s 1973 and the German Federal Constitutional Court’s 1975 decisions on abortion provide us with an uncommon opportunity to compare the constitutional law of different nations on the issue. The two courts took opposing stances in their decisions. The US Supreme Court substantially curtailed the power of American states to limit abortion while the German court ruled that an existing statute that permitted abortion within the first three months of pregnancy violated the rights of unborn children. These opinions can be explained by the different political contexts of the two nations and different perceptions on judicial intervention …
Overruling Roe V. Wade: An Analysis Of The Proposed Constitutional Amendments, Charles E. Rice
Overruling Roe V. Wade: An Analysis Of The Proposed Constitutional Amendments, Charles E. Rice
Journal Articles
It is not my purpose here to criticize the abortion decisions in detail. Professor Robert M. Byrn has exposed the many specific errors and evasions found in the majority opinions in those cases. As Professor Byrn demonstrates, the Supreme Court's opinions in Wade and Bolton are an intellectual shambles. I will not try to cover the same detailed ground that Professor Byrn did. Rather, after examining the medical evidence which establishes that the unborn child is a human being from the moment of conception, this article will evaluate the propriety of excluding this class of human beings from the protections …
Abortion And Legal Rationality, John M. Finnis
Abortion And Legal Rationality, John M. Finnis
Journal Articles
This article concerns the legitimacy of various legal schemes for dealing with abortion. Legitimacy in one sense is secured simply by complying with the formal criteria for valid law-making: enactment within power and in due form. But jurists have learned (or re-learned) that more can be said about legitimacy, without betraying the purity of their discipline by moralizing and advocacy. From this development in jurisprudential thought emerges the range of questions and criteria deployed in the present study.