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- Constitutional law (2)
- United States Supreme Court (2)
- American exceptionalism (1)
- Confrontation Clause (1)
- Crawford v. Washington (1)
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- Cross-examination (1)
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- Self-execution doctrine (1)
- Separation of powers (1)
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- Surrogacy (1)
- Surrogate mothers (1)
- Testimonial hearsay (1)
Articles 1 - 5 of 5
Full-Text Articles in Supreme Court of the United States
Essentially A Mother, Jennifer S. Hendricks
Essentially A Mother, Jennifer S. Hendricks
Publications
This article connects the constitutional jurisprudence of the family to debates over reproductive technology and surrogacy. Despite the outpouring of literature on reproductive technologies, courts and scholars have paid little attention to the constitutional foundation of parental rights. Focusing on the structural/political function of parental rights, this article argues that a gestational mother has a constitutional claim to be recognized as a legal parent.
The article first discusses the "unwed father cases." Despite believing that natural sex differences justified distinctions in parental rights, the Supreme Court crafted a test giving men parental rights if they established relationships with their biological …
Who's Afraid Of Geneva Law?, Aya Gruber
Who's Afraid Of Geneva Law?, Aya Gruber
Publications
According to many internationalists, the terrorism detention cases Hamdi v. Rumsfeld and Hamdan v. Rumsfeld are exemplary of a movement on the part of the Supreme Court toward greater incorporation of and respect for international law. Recent death penalty cases, statements of individual justices, and the increasing transnationalism of the Court's docket have lead many to believe, as Justice Ginsburg does, that the Court's "island or lone ranger mentality is beginning to change." This Article takes the contrary position that Hamdi and Hamdan are not internationalist because of their meticulous avoidance of the issue of Geneva Convention self-execution. Briefly, the …
Cross-Examination Earlier Or Later: When Is It Enough To Satisfy Crawford?, Christopher B. Mueller
Cross-Examination Earlier Or Later: When Is It Enough To Satisfy Crawford?, Christopher B. Mueller
Publications
No abstract provided.
The Incompatibility Principle, Harold H. Bruff
Sending The Self-Execution Doctrine To The Executioner, Aya Gruber
Sending The Self-Execution Doctrine To The Executioner, Aya Gruber
Publications
No abstract provided.