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Full-Text Articles in Law
Solving The Procedural Puzzles Of The Texas Heartbeat Act And Its Imitators: The Potential For Defensive Litigation, Charles W. "Rocky" Rhodes, Howard M. Wasserman
Solving The Procedural Puzzles Of The Texas Heartbeat Act And Its Imitators: The Potential For Defensive Litigation, Charles W. "Rocky" Rhodes, Howard M. Wasserman
SMU Law Review
The Texas Heartbeat Act (SB8) prohibits abortions following detection of a fetal heartbeat, a constitutionally invalid ban under current Supreme Court precedent. But the law adopts a unique enforcement scheme—it prohibits enforcement by government officials in favor of private civil actions brought by “any person,” regardless of injury. Texas sought to burden reproductive-health providers and rights advocates with costly litigation and potentially crippling liability.
In a series of articles, we explore how SB8’s exclusive reliance on private enforcement creates procedural and jurisdictional hurdles to challenging the law’s constitutional validity and obtaining judicial review. This piece explores defensive litigation, in which …
Sexual Orientation And Gender Identity, Mark E. Wojcik
Sexual Orientation And Gender Identity, Mark E. Wojcik
The Year in Review
No abstract provided.
Women's Interest Network, Rong Kohtz, Jami Mills Vibbert, Sharon M. James
Women's Interest Network, Rong Kohtz, Jami Mills Vibbert, Sharon M. James
The Year in Review
No abstract provided.
All Aboard The Momnibus: Will Congress’ Proposed Legislative Package Help Drive Down Black Maternal Mortality Rates?, Skyler Arbuckle
All Aboard The Momnibus: Will Congress’ Proposed Legislative Package Help Drive Down Black Maternal Mortality Rates?, Skyler Arbuckle
SMU Science and Technology Law Review
No abstract provided.
Identity: Obstacles And Openings, Osamudia R. James
Identity: Obstacles And Openings, Osamudia R. James
SMU Law Review Forum
Progress regarding equality and social identities has moved in a bipolar fashion: popular engagement with the concept of social identities has increased even as courts have signaled decreasing interest in engaging identity. Maintaining and deepening the liberatory potential of identity, particularly in legal and policymaking spheres, will require understanding trends in judicial hostility toward “identity politics,” the impact of status hierarchy even within minoritized identity groups, and the threat that white racial grievance poses to identitarian claims.
Sexual Orientation And Gender Identity, Mark E. Wojcik
Sexual Orientation And Gender Identity, Mark E. Wojcik
The International Lawyer
No abstract provided.
Women's Interest Network, Rong Kohtz, Jami Mills Vibbert, Sharon M. James
Women's Interest Network, Rong Kohtz, Jami Mills Vibbert, Sharon M. James
The International Lawyer
No abstract provided.