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Full-Text Articles in Social and Behavioral Sciences

Roe And The Politics Of Backlash: Countermobilization Against The Courts And Abortion Rights Claiming, Scott E. Lemieux Jan 2009

Roe And The Politics Of Backlash: Countermobilization Against The Courts And Abortion Rights Claiming, Scott E. Lemieux

Scott E Lemieux

Conventional wisdom holds that Roe v. Wade might have been a serious strategic error on the part of the pro-choice movement, as abortion law was being liberalized anyway and the Supreme Court's intervention produced a furious backlash. This paper argues that every element of this argument is erroneous. The drive for liberalization was stalled before 1973 by a very well-organized pro-life movement, and both the American and Canadian cases suggest that judicial opinions do not produce any more backlash than commensurate legislative policy changes.


The Public And The Private In The Provision Of Law For Global Transactions, Gillian K. Hadfield Dec 2008

The Public And The Private In The Provision Of Law For Global Transactions, Gillian K. Hadfield

Gillian K Hadfield

In this essay, I revisit the public/private divide in order to explore more fully the potential for private production of law in global exchange and also to clarify what I think are differences in the way common law and civil legal scholars think about the public and the private in law.