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Articles 1 - 30 of 57
Full-Text Articles in Law
The Legacy Of Colonialism: Law And Women's Rights In India, Varsha Chitnis, Danaya C. Wright
The Legacy Of Colonialism: Law And Women's Rights In India, Varsha Chitnis, Danaya C. Wright
Danaya C. Wright
The relationship between nineteenth century England and colonial India was complex in terms of negotiating the different constituencies that claimed an interest in the economic and moral development of the colonies. After India became subject to the sovereignty of the English Monarchy in 1858, its future became indelibly linked with that of England's, yet India's own unique history and culture meant that many of the reforms the colonialists set out to undertake worked out differently than they anticipated. In particular, the colonial ambition of civilizing the barbaric native Indian male underlay many of the legal reforms attempted in the nearly …
So Help Me God: A Comparative Study Of Religious Interest Group Litigation, Jayanth K. Krishnan, Kevin R. Den Dulk
So Help Me God: A Comparative Study Of Religious Interest Group Litigation, Jayanth K. Krishnan, Kevin R. Den Dulk
Georgia Journal of International & Comparative Law
No abstract provided.
Falling Into The Trap: The Ineffectiveness Of ‘Undue Burden’ Analysis In Protecting Women’S Right To Choose, Laura Young
Falling Into The Trap: The Ineffectiveness Of ‘Undue Burden’ Analysis In Protecting Women’S Right To Choose, Laura Young
Pace Law Review
This Comment will first examine existing Supreme Court abortion and reproductive autonomy jurisprudence before seguing into an exploration of the limits of the ‘undue burden’ analysis through the Jackson Women’s Health Organization v. Currier temporary and preliminary injunction decisions. The final section of this Comment explores potential solutions from other areas of constitutional law, and proposes that some techniques for limiting the reach of state regulatory power might be imported from environmental law, which frequently must deal with interactions amongst complex regulatory regimes.
Section 3: Civil Rights, Institute Of Bill Of Rights Law, William & Mary Law School
Section 3: Civil Rights, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
The Conservative-Libertarian Turn In First Amendment Jurisprudence, Steven J. Heyman
The Conservative-Libertarian Turn In First Amendment Jurisprudence, Steven J. Heyman
West Virginia Law Review
No abstract provided.
Upholding A 40-Year-Old Promise: Why The Texas Sonogram Act Is Unlawful According To Planned Parenthood V. Casey, Vicki Toscano, Elizabeth Reiter
Upholding A 40-Year-Old Promise: Why The Texas Sonogram Act Is Unlawful According To Planned Parenthood V. Casey, Vicki Toscano, Elizabeth Reiter
Pace Law Review
This Article begins with a brief review in Part II of the three crucial Supreme Court cases on abortion rights: Roe v. Wade, Planned Parenthood of Southeastern Pennsylvania v. Casey, and Gonzalez v. Carhart. Based on these cases, Part III formulates a constitutional test that courts should be using to determine whether an abortion regulation is constitutional that includes all of the factors identified by the Supreme Court as part of the “undue burden” analysis, factors that have been overlooked by many courts. Finally, Part IV applies this constitutional test to the Texas Sonogram Act, concluding that the act is …
Replacing Myths With Facts: Sex-Selective Abortion Laws In The United States, Brian Citro, Jeff Gilson, Sital Kalantry, Kelsey Stricker, University Of Chicago Law School. International Human Rights Clinic, National Asian Pacific American Women's Forum (U.S.), Advancing New Standards In Reproductive Health (Organization)
Replacing Myths With Facts: Sex-Selective Abortion Laws In The United States, Brian Citro, Jeff Gilson, Sital Kalantry, Kelsey Stricker, University Of Chicago Law School. International Human Rights Clinic, National Asian Pacific American Women's Forum (U.S.), Advancing New Standards In Reproductive Health (Organization)
Cornell Law Faculty Publications
Several countries in the world have sex ratios at birth that are as high or higher than China and India, including countries with predominantly white populations. Nonetheless, immigrant communities in the United States from China and India are consistently accused of harboring a preference for sons. It is supposedly this preference for sons that leads Asian Americans to abort female fetuses. In response, eight states have enacted bans on sex-selective abortion and 21 states and the United States Congress have considered such bans.
Proponents of sex-selective abortion bans claim that the United States is one of the few countries in …
Justice Lewis F. Powell's Baffling Vote In Roe V. Wade, Samuel W. Calhoun
Justice Lewis F. Powell's Baffling Vote In Roe V. Wade, Samuel W. Calhoun
Samuel W. Calhoun
No abstract provided.
Why Strive For Balance In A Roe Symposium?, Samuel W. Calhoun
Why Strive For Balance In A Roe Symposium?, Samuel W. Calhoun
Samuel W. Calhoun
No abstract provided.
Prenatal Caretaking: Limits Of State Intervention With And Without Roe, Sharon E. Rush
Prenatal Caretaking: Limits Of State Intervention With And Without Roe, Sharon E. Rush
Sharon E. Rush
With or without Roe, difficult questions regarding the state's role in prenatal caretaking remain. Unless the Supreme Court addresses the assumptions underlying the abortion controversy, overruling Roe would not resolve the problem of allocating decisionmaking responsibility between the woman and the state during the woman's pregnancy. Fundamental constitutional questions about life and death, parental authority over the fetus, and the scope of the woman's right of privacy outside of abortion have not been answered by the Supreme Court.
Abortion Rights, Michael C. Dorf
Defaults And Choices In The Marriage Contract: How To Increase Autonomy, Encourage Discussion, And Circumvent Constitutional Constraints, Andrew Blair-Stanek
Defaults And Choices In The Marriage Contract: How To Increase Autonomy, Encourage Discussion, And Circumvent Constitutional Constraints, Andrew Blair-Stanek
Touro Law Review
No abstract provided.
Abortion And The Constitutional Right (Not) To Procreate, Mary Ziegler
Abortion And The Constitutional Right (Not) To Procreate, Mary Ziegler
University of Richmond Law Review
No abstract provided.
Federal Power To The Rescue: The Use Of 1985 (3) Against Anti-Abortion Protestors, David A. Gardey
Federal Power To The Rescue: The Use Of 1985 (3) Against Anti-Abortion Protestors, David A. Gardey
Notre Dame Law Review
No abstract provided.
Little Emperors And An Army Of Orphans: The Government’S Control Over The Idea Of Family In An Overpopulated World, Corinna L. Miller
Little Emperors And An Army Of Orphans: The Government’S Control Over The Idea Of Family In An Overpopulated World, Corinna L. Miller
Honors College Theses
This research elaborates on the connection between governmental policies for population control and the psychological effects felt by its citizens. Governments enact laws to form and shape their country, but when plans to benefit society as a whole overspill into the personal rights of families, there can be unforeseen consequences that span across cultural, economic and physiological wellbeing. These side effects can have debilitating outcomes for countless generations to come, even after the policy has been abolished. In an age where exponential population growth is a severe problem, this study attempts to understand what happens when governmental policies influence the …
Abortion In South Africa And The United States: An Integrative, Contrastive Comparative Analysis Of The Effect Of Legal And Cultural Influences On Implementation Of Abortion Rights, Danielle Y. Blanks
Abortion In South Africa And The United States: An Integrative, Contrastive Comparative Analysis Of The Effect Of Legal And Cultural Influences On Implementation Of Abortion Rights, Danielle Y. Blanks
Danielle Y Blanks
Despite similarly progressive abortion rights laws, women in South Africa and the U.S. experience completely different levels of access to legal and safe abortions. In this paper, I will seek to explain the reasons for this disparity by describing the ways in which natural law has influenced the application of law in the U.S. and South Africa while examining the role of cultural values in the realization of abortion rights. I will take an integrative approach to explain ideological similarities and a contrastive approach to denote the cultural differences that have led to a de facto marginalization of South African …
Overcoming Barriers To The Protection Of Viable Fetuses, Randy Beck
Overcoming Barriers To The Protection Of Viable Fetuses, Randy Beck
Scholarly Works
I start this Article from the premise that the Court was correct in Roe v. Wade concerning the significance of fetal viability. I assume for the sake of argument that viability is a momentous point in pregnancy and that “logical and biological justifications” support a compelling state interest in protecting the lives of fetuses that have crossed the viability threshold. The goal of this Article is to highlight factors that individually and in concert significantly hinder legislative attempts to preserve the lives of viable fetuses, and to identify measures that, if permitted by the courts, could facilitate the pursuit of …
Reforming Irish Abortion Law In The Wake Of Tragedy: Looking To Portugal And Germany For Culturally Sensitive Models, Kimi M. Ide-Foster Miss
Reforming Irish Abortion Law In The Wake Of Tragedy: Looking To Portugal And Germany For Culturally Sensitive Models, Kimi M. Ide-Foster Miss
Kimi M. Ide-Foster Miss
On October 18, 2012, “inhumane laws, lack of guidelines on how to apply the laws that do exist, fear of prosecution on behalf of doctors, medical incompetence, [and] influences of the most conservative wing of the Catholic Church over hospitals” all merged together to end in one of the saddest deaths in modern medicine. The death of Savita Halappanavar, a thirty one-year old married dentist, in an Irish hospital shocked the country. Dying at the Galway University Hospital Intensive Care Unit after being 17 weeks pregnant and found to be miscarrying, her repeated requests for an abortion fell on deaf …
Informed Consent Civil Actions For Post-Abortion Psychological Trauma, Thomas R. Eller
Informed Consent Civil Actions For Post-Abortion Psychological Trauma, Thomas R. Eller
Notre Dame Law Review
No abstract provided.
Roe'S Effects On Family Law, Lynne Marie Kohm
Roe'S Effects On Family Law, Lynne Marie Kohm
Washington and Lee Law Review
No abstract provided.
Justice Lewis F. Powell's Baffling Vote In Roe V. Wade, Samuel W. Calhoun
Justice Lewis F. Powell's Baffling Vote In Roe V. Wade, Samuel W. Calhoun
Washington and Lee Law Review
No abstract provided.
Overcoming Barriers To The Protection Of Viable Fetuses, Randy Beck
Overcoming Barriers To The Protection Of Viable Fetuses, Randy Beck
Washington and Lee Law Review
No abstract provided.
Beyond Backlash: Legal History, Polarization, And Roe V. Wade, Mary Ziegler
Beyond Backlash: Legal History, Polarization, And Roe V. Wade, Mary Ziegler
Washington and Lee Law Review
No abstract provided.
The Medical Assumption At The Foundation Of Roe V. Wade And Its Implications For Women's Health, Clarke Forsythe
The Medical Assumption At The Foundation Of Roe V. Wade And Its Implications For Women's Health, Clarke Forsythe
Washington and Lee Law Review
No abstract provided.
If The Purpose Fits: The Two Functions Of Casey'S Purpose Inquiry, Priscilla J. Smith
If The Purpose Fits: The Two Functions Of Casey'S Purpose Inquiry, Priscilla J. Smith
Washington and Lee Law Review
No abstract provided.
Emergency Contraceptives Or "Abortion-Inducing" Drugs? Empowering Women To Make Informed Decisions, Ryan M. Hrobak, Robin Fretwell Wilson
Emergency Contraceptives Or "Abortion-Inducing" Drugs? Empowering Women To Make Informed Decisions, Ryan M. Hrobak, Robin Fretwell Wilson
Washington and Lee Law Review
No abstract provided.
Re-Reading Roe V. Wade, Richard S. Myers
Re-Reading Roe V. Wade, Richard S. Myers
Washington and Lee Law Review
No abstract provided.
Keynote Address: Untying The Moral Knot Of Abortion, Caitlin E. Borgmann
Keynote Address: Untying The Moral Knot Of Abortion, Caitlin E. Borgmann
Washington and Lee Law Review
No abstract provided.
How Roe V. Wade Was Written, David J. Garrow
How Roe V. Wade Was Written, David J. Garrow
Washington and Lee Law Review
No abstract provided.
Why Strive For Balance In A Roe Symposium?, Samuel W. Calhoun
Why Strive For Balance In A Roe Symposium?, Samuel W. Calhoun
Washington and Lee Law Review
No abstract provided.