Law Commons^™

The Meaning Of Kansas: Lessons From A Pro-Life Defeat, Elizabeth Kirk

Scholarly Articles

The recent defeat of a pro-life constitutional amendment in Kansas was not a consequence of strategic overreach, nor was it a rebuke of Dobbs. In fact, it followed from the difficulty of communicating complex legal and political principles, as well as navigating the fear and distortion generated by abortion advocates and their media allies. To help secure a pro-life future, we must learn the correct lessons of the Kansas loss, including the need to harness the emotional power of truthful narrative to shape political choices.

Impact Of The Strict Scrutiny Standard Of Judicial Review On Abortion Legislation Under The Kansas Supreme Court’S Decision In Hodes & Nauser V. Schmidt, Elizabeth Kirk

Scholarly Articles

This paper is focused on a narrow matter, namely, the nature of the standard of judicial review adopted by the Kansas Supreme Court in Hodes & Nauser v. Schmidt. 2 The most important (and decisive) point to emphasize is that the standard of judicial review adopted by the court in Hodes is so rigorous that it is likely to unsettle existing abortion law in Kansas and result in a legal landscape for abortion in this state that is more permissive of abortion than either the current federal standard or the original federal standard established by Roe v. Wade.

In order …

Federal Preemption Of State Tort Claims, Marin Roger Scordato

Scholarly Articles

This article explores a continuing disagreement among Justices of the United States Supreme Court regarding the proper doctrinal framework for federal preemption jurisprudence. This important difference in views became apparent in the four federal preemption cases that the Supreme Court decided during its 1999-2000 term. The article describes this critical disagreement among the Justices, places it in the larger context of preemption doctrine, and then carefully analyzes a number of possible resolutions.

Federal preemption is an area of enormous practical and theoretical importance. It is a subject that has earned a regular place on the Supreme Court's docket for many …

The New Federalism And The Ada: State Sovereign Immunity From Private Damage Suits After Boerne, Roger C. Hartley

Scholarly Articles

State sanctioned disability-based discrimination comes in two basic flavors: prejudice and thoughtlessness. The former takes disability into consideration, while the latter ignores it. The Fourteenth Amendment's Equal Protection Clause prohibits the prejudice but not the thoughtlessness, at least when the latter is unassociated with irrational assumptions based on myths, fears and stereotypes. Unlike most other civil rights statutes, the Americans With Disabilities Act (hereinafter "ADA" or "Act") prohibits both prejudice and thoughtlessness and aptly has been characterized as a "second-generation civil rights statute."

Unfortunately, the ADA's claim to innovation might yet prove to be its constitutional Achilles heel. Across the …

Bankruptcy Practice In Virginia: A Multifaceted Experience, Veryl Victoria Miles

Scholarly Articles

No abstract provided.

Federalism: Reconciling A ‘Human Life And ‘States’ Rights Approach To Legal Protection Of The Unborn, Robert A. Destro

Scholarly Articles

No abstract provided.

Protection Of Battered Women: A Survey Of State Legislation, Lisa G. Lerman

Scholarly Articles

No abstract provided.

Guide To The New D.C. Marriage And Divorce Law, Harvey L. Zuckman

Scholarly Articles

No abstract provided.

Child, Parent, State And The Due Process Clause: An Essay On The Supreme Court’S Recent Work, John H. Garvey

Scholarly Articles

This Article will suggest that the right of autonomy, which limits state control over children, should be considered to reside not in the child alone, but in the family, just as the right against state interference with the family structure resides in the family. The shift in focus from children's rights to family rights implicitly accounts for the mental, physical, and emotional differences between children and adults. Moreover, protecting a family's right of autonomy insures that decisions on behalf of the child will be made by those presumptively best able to make such decisions, the parents.

Note, Recommendations Of The Governor’S Commission To Revise The Public Employment Law Of Pennsylvania: A Preliminary Assessment, Roger C. Hartley

Scholarly Articles

No abstract provided.