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Full-Text Articles in Law

Benign Sex Discrimination Revisited: Constitutional And Moral Issues In Banning Sex-Selection Abortion , George Schedler Jan 2013

Benign Sex Discrimination Revisited: Constitutional And Moral Issues In Banning Sex-Selection Abortion , George Schedler

Pepperdine Law Review

No abstract provided.


Does The Constitution Protect Abortions Based On Fetal Anomaly?: Examining The Potential For Disability-Selective Abortion Bans In The Age Of Prenatal Whole Genome Sequencing, Greer Donley Jan 2013

Does The Constitution Protect Abortions Based On Fetal Anomaly?: Examining The Potential For Disability-Selective Abortion Bans In The Age Of Prenatal Whole Genome Sequencing, Greer Donley

Articles

This Note examines whether the state or federal government has the power to enact a law that prevents women from obtaining abortions based on their fetus’s genetic abnormality. Such a ban has already been enacted in North Dakota and introduced in Indiana and Missouri. I argue below that this law presents a novel state intrusion on a woman’s right to obtain a pre-viability abortion. Moreover, these pieces of legislation contain an outdated understanding of prenatal genetic testing—the landscape of which is quickly evolving as a result of a new technology: prenatal whole genome sequencing. This Note argues that the incorporation …


No Promo Hetero: Children's Right To Be Queer, Clifford Rosky Jan 2013

No Promo Hetero: Children's Right To Be Queer, Clifford Rosky

Utah Law Faculty Scholarship

This Article argues that the government has no legitimate interest in promoting heterosexuality or gender conformity during childhood. Although opponents of LGBT rights have longed cited this goal as one of the primary justifications for discrimination against LGBT people, it has no constitutional foundation upon which to stand. Building upon a familiar schema of legal scholarship on LGBT rights, this Article challenges the state’s interest in promoting heterosexuality by articulating a tripartite defense of children’s speech, status, and conduct. It argues that these three aspects of homosexuality are connected to and protected by three constitutional clauses — the First Amendment, …


Hollingsworth V. Perry, Brief For Foreign And Comparative Law Experts Harold Hongju Koh Et. Al. As Amici Curiae Supporting Respondents, Harold Hongju Koh, Sarah H. Cleveland, Laurence R. Helfer, Ryan Goodman Jan 2013

Hollingsworth V. Perry, Brief For Foreign And Comparative Law Experts Harold Hongju Koh Et. Al. As Amici Curiae Supporting Respondents, Harold Hongju Koh, Sarah H. Cleveland, Laurence R. Helfer, Ryan Goodman

Faculty Scholarship

No abstract provided.


New York Law Of Domestic Violence, Deseriee Kennedy Dec 2012

New York Law Of Domestic Violence, Deseriee Kennedy

Deseriee A. Kennedy

NEW YORK LAW OF DOMESTIC VIOLENCE, 3rd ed., is a comprehensive 2-volume, 7-chapter, hardbound treatise published by West (Thomson-Reuters). The treatise is the seminal authority on domestic violence in New York State covering New York State laws and relevant U.S. Supreme Court cases. The authors of the book are Professor Breger (Albany Law School, Albany, NY), Professor Kennedy (Touro School of Law, Central Islip, NY), Jill M. Zuccardy, Esq. (New York City), and now retired Judge Lee Hand Elkins (formerly Brooklyn Family Court). The treatise and its authors have been cited as authority repeatedly by trial and appellate courts, as …