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Sexing Harris: The Law And Politics Of Defunding Planned Parenthood, Mary Ziegler 2012 Florida State University College of Law

Sexing Harris: The Law And Politics Of Defunding Planned Parenthood, Mary Ziegler

Scholarly Publications

The movement to defund Planned Parenthood has opened a new front in the abortion wars. At the state and national level, anti-abortion organizations have campaigned successfully for new legal limitations on Medicaid or Title X reimbursement for Planned Parenthood. Significantly, legal restrictions reach not only abortion but also other services like contraception and cancer screenings. North Carolina, Wisconsin, and Indiana are among the states to have introduced such bans, and the U.S. House of Representatives approved one before the proposal died in the Senate in April 2011.

At first, the novelty of the movement seems to lie in its ...


Slavery In The United States: Persons Or Property?, Paul Finkelman 2012 Duke Law School

Slavery In The United States: Persons Or Property?, Paul Finkelman

Faculty Scholarship

No abstract provided.


Notes Toward A Critical Contemplation Of Law, Sonia K. Katyal 2012 Fordham University School of Law

Notes Toward A Critical Contemplation Of Law, Sonia K. Katyal

Faculty Scholarship

In this tribute to Professor Derrick Bell’s legacy, Professor Katyal reflects on one of Bell’s greatest gifts: the necessary, and perhaps unfinished gift of critical contemplation of law, along with its possibilities and its concomitant limitations. In her paper, Katyal reflects on two seemingly disparate areas of civil rights that might benefit from Bell’s critical vision: the area of LGBT rights and equality, and federal Indian law. Relying on some of Bell’s most valuable insights, Katyal calls for the creation of a “critical sexuality studies” and a “critical indigenous studies” that employs some of Bell’s ...


Immigration Enforcement And The Fugitive Slave Acts: Exploring Their Similarities, Karla M. McKanders 2012 Vanderbilt University Law School

Immigration Enforcement And The Fugitive Slave Acts: Exploring Their Similarities, Karla M. Mckanders

Vanderbilt Law School Faculty Publications

Two seemingly different federal enforcement systems that affect the movement of unskilled workers — the 1793 and 1850 Fugitive Slave Acts and current state immigration enforcement policies — have remarkable similarities. Both systems are political stories that are demonstrative of the failure of federalism. The federal government’s current failure to enforce immigration laws has encouraged state and local governments to pass their own laws. Alabama and Arizona have enacted far-reaching laws, which are similar to the federal Immigration and Nationality Act § 287(g) programs. Both have been challenged on constitutional preemption and equal protection grounds. Recent scholarship has focused mainly on ...


The Federal Judicial Vacancy Crisis: Origins And Solutions, Ryan Shaffer 2012 Claremont McKenna College

The Federal Judicial Vacancy Crisis: Origins And Solutions, Ryan Shaffer

CMC Senior Theses

This paper examines the causes of the rise in vacancies on the federal courts in recent decades. Under President Barack Obama, the number of vacancies on the federal courts has sharply jumped. This is due to firm opposition by Senate Republicans, who have used the various procedural tools of that body to make it difficult for nominees to get confirmation. This antagonism is the result of a shift in how the parties view the courts and their role in the American political process. The Warren Court's expansion of substantive due process rights increased the Court's powers to the ...


Race And Selective Enforcement In Public Housing, Jeffrey Fagan, Garth Davies, Adam Carlis 2012 Columbia Law School

Race And Selective Enforcement In Public Housing, Jeffrey Fagan, Garth Davies, Adam Carlis

Faculty Scholarship

Drugs, crime and public housing are closely linked in policy and politics, and their nexus has animated several intensive drug enforcement programs targeted at public housing residents. In New York City, police systematically conduct “vertical patrols” in public housing buildings, making tens of thousands of Terry stops each year. During these patrols, both uniformed and undercover officers systematically move through the buildings, temporarily detaining and questioning residents and visitors, often at a low threshold of suspicion, and usually alleging trespass to justify the stop. We use a case-control design to identify the effects of living in one of New York ...


Fourteenth Amendment Originalism, Jamal Greene 2012 Columbia Law School

Fourteenth Amendment Originalism, Jamal Greene

Faculty Scholarship

No abstract provided.


Fourteenth Amendment Originalism, Jamal Greene 2012 Columbia Law School

Fourteenth Amendment Originalism, Jamal Greene

Faculty Scholarship

This essay, part of a symposium on Jack Balkin's Constitutional Redemption and Sanford Levinson's Constitutional Faith, seeks to explain the curious disregard many originalists show toward the Fourteenth Amendment. On common originalist premises, analysis of the text, history, and structure of the Fourteenth Amendment should predominate in discussions of incorporated rights, in affirmative action cases, and in federalism disputes, and yet originalist interventions into such discussions tend to minimize the amendment and Reconstruction-era history more generally. This essay suggests that the Fourteenth Amendment and Reconstruction represent less usable history than the Founding for several reasons: the Reconstruction amendments ...


Draconian Discrimination: One Man's Battle With U.S. Immigration Law For Fairness, Justice, And American Citizenship, Rachel C. Zoghlin 2011 American University Washington College of Law

Draconian Discrimination: One Man's Battle With U.S. Immigration Law For Fairness, Justice, And American Citizenship, Rachel C. Zoghlin

Rachel Claire Zoghlin

“I was born into my father’s arms,” David responded emphatically when I asked him about his relationship with his mother. David’s father, Ronald, has been his teacher, his guardian, his provider, and his support for his entire life. He taught David to be strong and gentle, proud and humble. David inherited Ronald’s kind eyes, his honest nature, his palpable presence, and his immovable strength. The first, last, and only time David met his mother was on January 23, 1965 – the day he was born. Ronald raised two children, David and his sister Roxanne, as a single parent ...


“We’D Love To Match Them, But…”: How Temporary Employment Agencies Understand And Use Race And Ethnicity, Meghan M. Sweeney 2011 Rome McGuigan, P.C.

“We’D Love To Match Them, But…”: How Temporary Employment Agencies Understand And Use Race And Ethnicity, Meghan M. Sweeney

Connecticut Public Interest Law Journal

No abstract provided.


Plea Bargaining, Discovery, And The Intractable Problem Of Impeachment Disclosures, R. Michael Cassidy 2011 Boston College Law School

Plea Bargaining, Discovery, And The Intractable Problem Of Impeachment Disclosures, R. Michael Cassidy

Boston College Law School Faculty Papers

In a criminal justice system where guilty pleas are the norm and trials the rare exception, the issue of how much discovery a defendant is entitled to before allocution has immense significance. This article examines the scope of a prosecutor’s obligation to disclose impeachment information before a guilty plea. This question has polarized the criminal bar and bedeviled the academic community since the Supreme Court’s controversial decision in United States v. Ruiz (2002). A critical feature of the debate has been the enduring schism between a prosecutor’s legal and ethical obligations – a gulf that the American Bar ...


Long Lines At The Polls Violate Equal Protection And Require Judicial And Legislative Action, Boe M. Piras 2011 University of St. Thomas, Minnesota

Long Lines At The Polls Violate Equal Protection And Require Judicial And Legislative Action, Boe M. Piras

University of St. Thomas Law Journal

No abstract provided.


Economic Considerations: An Affirmative Action Proposal, Gerald Fornwald 2011 University of St. Thomas, Minnesota

Economic Considerations: An Affirmative Action Proposal, Gerald Fornwald

University of St. Thomas Law Journal

No abstract provided.


The Central American Constitutional Identity, Prof. Michele Carducci 2011 University of Salento

The Central American Constitutional Identity, Prof. Michele Carducci

Michele Carducci Prof.

No abstract provided.


The Central American Constitutional Identity. A Study Of The Constitutional Imitation Phenomenon In The Integration Process Of The Region, Prof. Michele Carducci 2011 University of Salento

The Central American Constitutional Identity. A Study Of The Constitutional Imitation Phenomenon In The Integration Process Of The Region, Prof. Michele Carducci

Michele Carducci Prof.

No abstract provided.


Is “Transnational” Constitutional Law Possible?, Prof. Michele Carducci 2011 University of Salento

Is “Transnational” Constitutional Law Possible?, Prof. Michele Carducci

Michele Carducci Prof.

No abstract provided.


Mcdonald's Other Right, Samuel L. Wiseman 2011 Florida State University College of Law

Mcdonald's Other Right, Samuel L. Wiseman

Scholarly Publications

No abstract provided.


The Original Public Understanding Of Privileges Or Immunities, James J. Ward 2011 Brigham Young University Law School

The Original Public Understanding Of Privileges Or Immunities, James J. Ward

BYU Law Review

No abstract provided.


Femininity And The Electric Chair: An Equal Protection Challenge To Texas's Death Penalty Statute, Jessica Salvucci 2011 Boston College Law School

Femininity And The Electric Chair: An Equal Protection Challenge To Texas's Death Penalty Statute, Jessica Salvucci

Boston College Third World Law Journal

Capital punishment in the United States appears to apply to only one class of citizens—men. Despite their significant proportional commission of homicides, women account for less than one percent of executions in America. This Note evaluates this trend in the context of a Fourteenth Amendment equal protection challenge to capital punishment in Texas, America’s staunchest death penalty supporter. It discusses issues of paternalism and gender theory as they relate to the Texas capital punishment statute and its application throughout the legal and political process. Finally, this Note argues that despite a series of constitutional obstacles, the Supreme Court ...


The Last Common Law Justice: The Personal Jurisdiction Jurisprudence Of Justice John Paul Stevens, Rodger D. Citron 2011 Touro Law Center

The Last Common Law Justice: The Personal Jurisdiction Jurisprudence Of Justice John Paul Stevens, Rodger D. Citron

Scholarly Works

No abstract provided.


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