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Full-Text Articles in Law
Pregnancy And The Carceral State, Khiara M. Bridges
Pregnancy And The Carceral State, Khiara M. Bridges
Michigan Law Review
A Review of Policing the Womb: Invisible Women and the Criminalization of Motherhood. by Michele Goodwin.
Homologizing Pregnancy And Motherhood: A Consideration Of Abortion, Julia E. Hanigsberg
Homologizing Pregnancy And Motherhood: A Consideration Of Abortion, Julia E. Hanigsberg
Michigan Law Review
In this essay I reconsider abortion in order to bridge what initially seem to be two opposing frameworks: first, the conception of abortion as an issue of women's bodily integrity and liberty, and second, the acknowledgement of the existence and meaning of intrauterine life. The abortion choice is indeed deeply and necessarily tied to women's bodily integrity. I will discuss how taking away women's ability to control their decision not to become mothers can be severely damaging to their very sense of self, for this denial of decisionmaking divides women from their wombs and uses their wombs for a purpose …
The Countermajoritarian Paradox, Neal Davis
The Countermajoritarian Paradox, Neal Davis
Michigan Law Review
A Review of Liberty and Sexuality: The Right to Privacy and the Making of Roe v. Wade. by David J. Garrow
Constitutional Misconceptions, Radhika Rao
Constitutional Misconceptions, Radhika Rao
Michigan Law Review
A Review of Children of Choice: Freedom and the New Reproductive Technologies by John A. Robertson
Life's Sacred Value—Common Ground Or Battleground, Alexander Morgan Capron
Life's Sacred Value—Common Ground Or Battleground, Alexander Morgan Capron
Michigan Law Review
A Review of Life's Dominion: An Argument About Abortion, Euthanasia, and Individual Freedom by Ronald Dworkin
A Question Of Choice, Michele A. Estrin
A Question Of Choice, Michele A. Estrin
Michigan Law Review
A Review of A Question of Choice by Sarah Weddington
"But Whoever Treasures Freedom…": The Right To Travel And Extraterritorial Abortions, Seth F. Kreimer
"But Whoever Treasures Freedom…": The Right To Travel And Extraterritorial Abortions, Seth F. Kreimer
Michigan Law Review
In a prior article, I addressed the problem of extraterritorial abortions under the assumption that the federal constitutional right of reproductive choice would be repudiated by the Supreme Court on Justice Scalia's theory that such rights lack sufficiently deep roots in the history and traditions surrounding the framing of the Constitution and the Fourteenth Amendment. I argued there that a constitutional methodology that relied on traditions and expectations of the Framers would provide a strong basis for concluding that the Constitution imposes severe limits on states' power to project their moralities extraterritorially. If Justice Scalia is serious about a regard …
Conflict Of Constitutions? No Thanks: A Response To Professors Brilmayer And Kreimer, Gerald L. Neuman
Conflict Of Constitutions? No Thanks: A Response To Professors Brilmayer And Kreimer, Gerald L. Neuman
Michigan Law Review
This colloquy was organized around the unpleasant hypothesis that the Supreme Court would overrule Roe v. Wade and that Congress would not fill the resulting void with federal legislation. The abortion debate would then move to the states, where local majorities could enact their own resolutions. If the local majorities were large enough, they could even write their local resolutions into their state constitutions. The contrasting state constitutions that could result might then replicate the comparativists' current juxtaposition between the U.S. Constitution and the constitutions of Germany and Ireland. In some states, prohibition of abortion would be constitutionally required, while …
Why We Lost The Era, Judith L. Hudson
Why We Lost The Era, Judith L. Hudson
Michigan Law Review
A Review of Why We Lost the ERA
The 1986 And 1987 Affirmative Action Cases: It's All Over But The Shouting, Herman Schwartz
The 1986 And 1987 Affirmative Action Cases: It's All Over But The Shouting, Herman Schwartz
Michigan Law Review
For the moment, the affirmative action wars are over. In a ten-year set of decisions, culminating in five during the last two terms, the Court has now legitimated almost all types of race and gender preferences, even if they benefit nonvictims, including voluntarily adopted preferences in hiring, promotion, university admissions, and government contracting; hiring and promotion preferences in consent decrees; and court-ordered hiring and promotions. It has approved preferences by both public and private bodies, and for both racial-ethnic minorities and women. It has barred only layoffs of white (and presumably male) employees who have more seniority than employees hired …
Of Cultural Determinism And The Limits Of Law, Paul R. Dimond, Gene Sperling
Of Cultural Determinism And The Limits Of Law, Paul R. Dimond, Gene Sperling
Michigan Law Review
A Review of Civil Rights: Rhetoric or Reality? by Thomas Sowell
The Law Giveth…Legal Aspects Of The Abortion Controversy, Michigan Law Review
The Law Giveth…Legal Aspects Of The Abortion Controversy, Michigan Law Review
Michigan Law Review
A Review of The Law Giveth…Legal Aspects of the Abortion Controversy by Barbara Milbauer
Abortion, Politics, And The Courts: Roe V. Wade And Its Aftermath, Michigan Law Review
Abortion, Politics, And The Courts: Roe V. Wade And Its Aftermath, Michigan Law Review
Michigan Law Review
A Review of Abortion, Politics, and the Courts: Roe v. Wade and Its Aftermath by Eva R. Rubin
The Abortion-Funding Cases And Population Control: An Imaginary Lawsuit (And Some Reflections On The Uncertain Limits Of Reproductive Privacy), Susan Frelich Appleton
The Abortion-Funding Cases And Population Control: An Imaginary Lawsuit (And Some Reflections On The Uncertain Limits Of Reproductive Privacy), Susan Frelich Appleton
Michigan Law Review
Two issues are before us today: (I) the meaning of the term "medically necessary" in a public hospital's charter and (II) the constitutionality of state action that provides free medical treatment to indigent pregnant women seeking an abortion but denies them such assistance for prenatal care and childbirth. On the basis of recent Supreme Court authority, we find that such action violates neither the hospital's charter nor the United States Constitution.
Preferential Remedies For Employment Discrimination, Harry T. Edwards, Barry L. Zaretsky
Preferential Remedies For Employment Discrimination, Harry T. Edwards, Barry L. Zaretsky
Michigan Law Review
A basic thesis of this article is that much of the current concern about alleged "reverse discrimination" in employment ignores the reality of the situation. In Part I it will be contended that although color blindness is a laudable long-run objective, it alone will not end discrimination; thus, it will be argued that some form of "color conscious" affirmative action must be employed in order to achieve equal employment opportunity for minorities and women. The most effective form of affirmative action is temporary preferential treatment, and it will be asserted in Part II that such relief can be justified under …