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Full-Text Articles in Law
The Intriguing Federalist Future Of Reproductive Rights, Scott A. Moss, Douglas M. Raines
The Intriguing Federalist Future Of Reproductive Rights, Scott A. Moss, Douglas M. Raines
Publications
As the decline of Roe v. Wade inspires renewed efforts to restrict federal constitutional abortion rights, the serious shortcomings of abortion rights advocates' strategies for preserving such rights will become increasingly apparent. Continued reliance on Roe is likely to fail with an increasingly unsympathetic Supreme Court. Even abortion rights supporters have begun to criticize the decision for weak reasoning, which is difficult to remedy at this late stage of federal abortion jurisprudence. Moreover, although autonomy and gender equality arguments for abortion rights would improve upon Roe's privacy rationale, such arguments would require abrogating substantial precedent and are, therefore, of limited …
Climate Change, Regulatory Fragmentation, And Water Triage, Robin Kundis Craig
Climate Change, Regulatory Fragmentation, And Water Triage, Robin Kundis Craig
University of Colorado Law Review
Viewed from a watershed perspective, we are unconsciously sacrificing many marine ecosystems because upstream fresh water is a regulatorily fragmented resource. That is, water is subject to multiple assertions of regulatory authority and to multiple types of use-right claims that those authorities regulate. As freshwater supplies become increasingly unequal to the task of meeting the multiple demands for both consumptive and in situ use, and as consumptive and in situ uses of water come increasingly into irreconcilable conflict, the various regulatory schemes governing water use have also increasingly come into legal conflict. These courtroom battles have revealed many tensions, overlaps, …