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Articles 1 - 14 of 14

Full-Text Articles in Law

Capturing The Judiciary: Carhart And The Undue Burden Standard, Khiara M. Bridges Jul 2019

Capturing The Judiciary: Carhart And The Undue Burden Standard, Khiara M. Bridges

Khiara M Bridges

In Planned Parenthood of Southeastern Pennsylvania v. Casey,' the Supreme Court replaced the trimester framework, first articulated nineteen years earlier in Roe v. Wade,2 with a new test for determining the constitutionality of abortion regulations-the "undue burden standard."3 The Court's 2007 decision in Gonzales v. Carhart 4 was its most recent occasion to use the undue burden standard, as the Court was called upon to ascertain the constitutionality of the Partial-Birth Abortion Ban Act, a federal statute proscribing certain methods of performing second- and third-trimester abortions.5 A majority of the Court held that the regulation was constitutionally permissible, finding that …


In Defense Of Truth, Erwin Chemerinsky Jun 2017

In Defense Of Truth, Erwin Chemerinsky

Erwin Chemerinsky

No abstract provided.


Defining The Scope Of The Constitutional Right To Marry: More Than Tradition, Less Than Unlimited Autonomy, Donald Beschle Jan 2016

Defining The Scope Of The Constitutional Right To Marry: More Than Tradition, Less Than Unlimited Autonomy, Donald Beschle

Donald L. Beschle

No abstract provided.


The "Do-Not-Call List" Controversy: A Parable Of Privacy And Speech, Rodney A. Smolla Jul 2015

The "Do-Not-Call List" Controversy: A Parable Of Privacy And Speech, Rodney A. Smolla

Rod Smolla

None available.


Privacy And The First Amendment Right To Gather News, Rodney A. Smolla Jul 2015

Privacy And The First Amendment Right To Gather News, Rodney A. Smolla

Rod Smolla

Not available.


Information As Contraband: The First Amendment And Liability For Trafficking In Speech, Rodney A. Smolla Jul 2015

Information As Contraband: The First Amendment And Liability For Trafficking In Speech, Rodney A. Smolla

Rod Smolla

Not available.


Defining The Scope Of The Constitutional Right To Marry: More Than Tradition, Less Than Unlimited Autonomy, Donald L. Beschle Jun 2015

Defining The Scope Of The Constitutional Right To Marry: More Than Tradition, Less Than Unlimited Autonomy, Donald L. Beschle

Donald L. Beschle

No abstract provided.


Kant's Categorical Imperative: An Unspoken Factor In Constitutional Rights Balancing, Donald L. Beschle Jun 2015

Kant's Categorical Imperative: An Unspoken Factor In Constitutional Rights Balancing, Donald L. Beschle

Donald L. Beschle

No abstract provided.


Privacy And Abortion Rights Under The Louisiana State Constitution: Could Roe V. Wade Be Alive And Well In The Bayou State?, John Devlin May 2014

Privacy And Abortion Rights Under The Louisiana State Constitution: Could Roe V. Wade Be Alive And Well In The Bayou State?, John Devlin

John Devlin

No abstract provided.


Taking Genomics To The Bio Bank: Access To Human Biological Samples And Medical Information, Michael J. Malinowski May 2013

Taking Genomics To The Bio Bank: Access To Human Biological Samples And Medical Information, Michael J. Malinowski

Michael J. Malinowski

No abstract provided.


Reining In The Data Traders: A Tort For The Misuse Of Personal Information, Sarah Ludington Mar 2013

Reining In The Data Traders: A Tort For The Misuse Of Personal Information, Sarah Ludington

Sarah H. Ludington

In 2005, three spectacular data security breaches focused public attention on the vast databases of personal information held by data traders such as ChoicePoint and LexisNexis, and the vulnerability of that data. The personal information of hundreds of thousands of people had either been hacked or sold to identity thieves, yet the data traders refused to reveal to those people the specifics of the information sold or stolen. While Congress and many state legislatures swiftly introduced bills to force data traders to be more accountable to their data subjects, fewer states actually enacted laws, and none of the federal bills …


Relative Responsibility In Afdc: Problems Raised By The Noleo Approach—“If At First You Don't Succeed . . .”, Margaret Howard Jan 2013

Relative Responsibility In Afdc: Problems Raised By The Noleo Approach—“If At First You Don't Succeed . . .”, Margaret Howard

Margaret Howard

No abstract provided.


Scarlet Letter Lawsuits: Private Affairs And Public Judgments, Lynn Buzzard Dec 2012

Scarlet Letter Lawsuits: Private Affairs And Public Judgments, Lynn Buzzard

Lynn R. Buzzard

This article will review the legal issues related to church discipline which are raised by Guinn v. Church of Christ of Collinsville. Part II will provide an overview of the general legal bases for church rights of internal control and discipline in associational and first amendment law. Part III will note the traditional limited scope of tort claims, and defenses to them, raised in church discipline cases. Part IV will note the newer claims grounded in the modern torts of invasion of privacy and infliction of emotional distress as represented by Guinn in church discipline-related suits. Part V will suggest …


Lawrence V. Texas: The Decision And Its Implications For The Future, Martin A. Schwartz Jun 2011

Lawrence V. Texas: The Decision And Its Implications For The Future, Martin A. Schwartz

Martin A. Schwartz

No abstract provided.