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Full-Text Articles in Law
Rethinking Abortion: Equal Choice, The Constitution, And Reproductive Politics, Mark Graber
Rethinking Abortion: Equal Choice, The Constitution, And Reproductive Politics, Mark Graber
Mark Graber
Mark Graber looks at the history of abortion law in action to argue that the only defensible, constitutional approach to the issue is to afford all women equal choice--abortion should remain legal or bans should be strictly enforced. Steering away from metaphysical critiques of privacy, Graber compares the philosophical, constitutional, and democratic merits of the two systems of abortion regulation witnessed in the twentieth century: pre-Roe v. Wade statutory prohibitions on abortion and Roe's ban on significant state interference with the market for safe abortion services. He demonstrates that before Roe, pro-life measures were selectively and erratically administered, thereby …
When Is Discrimination Wrong?, Deborah Hellman
When Is Discrimination Wrong?, Deborah Hellman
Deborah Hellman
A law requires black bus passengers to sit in the back of the bus. The U.S. Food and Drug Administration approves a drug for use by black heart failure patients. A state refuses to license drivers under age 16. A company avoids hiring women between the ages of 20 and 40. We routinely draw distinctions among people on the basis of characteristics that they possess or lack. While some distinctions are benign, many are morally troubling. In this boldly conceived book, Deborah Hellman develops a much-needed general theory of discrimination. She demonstrates that many familiar ideas about when discrimination is …
The Feminist Pervasion: How Gender-Based Scholarship Informs Law And Law Teaching, Deseriee Kennedy, Ann Bartow, F. Carolyn Graglia, Joan Hemingway
The Feminist Pervasion: How Gender-Based Scholarship Informs Law And Law Teaching, Deseriee Kennedy, Ann Bartow, F. Carolyn Graglia, Joan Hemingway
Deseriee A. Kennedy
This is an edited, annotated transcript of a conference panel discussion on feminism, sex, and gender in law, legal education, and legal scholarship. The transcript reflects widely divergent views of the place of feminism, sex, and gender in the law and legal scholarship. Moreover, the panelists differ as to the role feminism has played in the lives of women as law students and practicing attorneys. In the latter part of the transcript, the panelists' remarks focus in on hotly debated issues surrounding possible gender (or sex) and racial bias in LSAT testing and the innate abilities of women and men …