Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Supreme Court (2)
- Bicamerial legislature (1)
- Bio-economic theory (1)
- Charles Darwin (1)
- Commerce Clause (1)
-
- Constitution (1)
- Contract Clause (1)
- Due Process Clause (1)
- Equal Protection Clause (1)
- Federalism (1)
- Heterosexuality (1)
- Homosexuality (1)
- Human behavior (1)
- Human reproduction (1)
- Human sexuality (1)
- Judicial activism (1)
- Judicial decisions (1)
- Judicial override (1)
- Judicial restraint (1)
- Judicial review (1)
- Law and economics (1)
- Law and morality (1)
- Law and sexuality (1)
- Liberty (1)
- Moral neutrality (1)
- Morality (1)
- Mysogyny (1)
- Natural rights (1)
- Normative economics (1)
- Political process (1)
Articles 1 - 4 of 4
Full-Text Articles in Law
Prospective Overruling And The Revival Of ‘Unconstitutional' Statutes, William Michael Treanor, Gene B. Sperling
Prospective Overruling And The Revival Of ‘Unconstitutional' Statutes, William Michael Treanor, Gene B. Sperling
Georgetown Law Faculty Publications and Other Works
The Supreme Court's decision in Planned Parenthood v. Casey reshaped the law of abortion in this country. The Court overturned two of its previous decisions invalidating state restrictions on abortions, Thornburgh v. American College of Obstetricians and Gynecologists and Akron v. Akron Center for Reproductive Health, and it abandoned the trimester analytic framework established in Roe v. Wade. At the time Casey was handed down, twenty states had restrictive abortion statutes on the books that were in conflict with Akron or Thornburgh and which were unenforced. In six of these states, courts had held the statutes unconstitutional. Almost …
The Aspirational Constitution, Robin West
The Aspirational Constitution, Robin West
Georgetown Law Faculty Publications and Other Works
Firmly embedded in every theory of judicial decisionmaking lies an important set of assumptions about the way government is supposed to work. Sometimes these theories about government are made explicit. More often they are not. Moreover, deeply embedded in every theory of government is a theory of human nature. Although these assumptions about human nature generally remain latent within the larger theory, because they provide the underpinnings for our ideas about the way government is supposed to work, they drive our notions about judicial decisionmaking. For example, the theory of government reflected in the United States Constitution reveals what one …
Sex, Reason, And A Taste For The Absurd, Robin West
Sex, Reason, And A Taste For The Absurd, Robin West
Georgetown Law Faculty Publications and Other Works
Like much of Richard Posner's best work, Sex and Reason does many things, and for that reason will no doubt attract a large and diverse readership. This heavily footnoted, exhaustively researched, and imminently accessible book is a welcome introduction to the interdisciplinary study of sex. For the lay reader it presents an arresting set of speculations about human sexuality, drawn from the author's evident familiarity with a sizeable library of studies representing at least half a dozen scientific and social scientific disciplines, assembled in a readable and lively way. Of more interest, perhaps, to academicians and social scientists familiar with …
The Intersection Of Natural Rights And Positive Constitutional Law, Randy E. Barnett
The Intersection Of Natural Rights And Positive Constitutional Law, Randy E. Barnett
Georgetown Law Faculty Publications and Other Works
In this brief essay, the author describes what he sees to be the unavoidable connection between natural law--or, more accurately, natural rights--and the positive law that is the subject of constitutional adjudication. This connection would exist whether or not there is a conceptual distinction between natural and positive law of the sort that Professor Fred Schauer maintains in his article, Constitutional Positivism. Because of this connection, judges in a world in which legal positivism is "true" should act, on occasion, as though the natural rights approach is' correct. And if this is true then, the author maintains, the natural …