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Leaving The Dale To Be More Fair: On Cls And First Amendment Jurisprudence, Mark Strasser
Leaving The Dale To Be More Fair: On Cls And First Amendment Jurisprudence, Mark Strasser
Mark Strasser
In Christian Legal Society of the University of California, Hastings College of Law v. Martinez, the Supreme Court upheld the Hastings College of Law’s requirement that all recognized student groups have an open membership policy. The decision has been criticized for a variety of reasons, e.g., that the Court conflated the First Amendment tests for speech and association. What has not been adequately explored is the degree to which the Court has modified limited purpose public forum analysis in the university context over the past few decades, resulting in a jurisprudence that is virtually unrecognizable in light of the more …
The Next Battleground? Personhood, Privacy, And Assisted Reproductive Technologies, Mark Strasser
The Next Battleground? Personhood, Privacy, And Assisted Reproductive Technologies, Mark Strasser
Mark Strasser
Personhood statutes and amendments have been proposed in several states. As a general matter, they establish as a matter of state law that legal personhood begins at conception. Such laws may have implications for state policies concerning abortion and contraception, and will have implications for other areas of law including state policies related to assisted reproductive technologies. Yet, some of the ways in which these different areas of law might be affected are not well understood and thus are explored here.