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Full-Text Articles in Law
The Road Not Taken: State Constitutions As An Alternative Source Of Protection For Reproductive Rights, Kevin F. O'Neill
The Road Not Taken: State Constitutions As An Alternative Source Of Protection For Reproductive Rights, Kevin F. O'Neill
Law Faculty Articles and Essays
Lawyers seeking constitutional protection for reproductive rights have relied almost exclusively on a liberty/privacy theory under the Federal Constitution. In the wake of Planned Parenthood of Southeastern Pennsylvania v. Casey, this theory may be seen as providing a floor of minimum protection-preventing states from banning abortion outright. But it is not strong enough to prevent states from enacting restrictions on the availability of abortion. Thus, the battle over reproductive rights may be seen as shifting from one phase ("Can abortion be banned?") to another ("How far can states go in restricting access to abortion'?"). If proponents of reproductive freedom are …
Brief Of Defendant-Appellees Catholic Diocese Of Cleveland And Bishop Anthony M. Pilla , Hawley V. City Of Cleveland, 24 F3d 814 (6th Cir. 1994), David F. Forte, Douglas J. Paul, Edward J. Maher, Bernard Niehaus
Brief Of Defendant-Appellees Catholic Diocese Of Cleveland And Bishop Anthony M. Pilla , Hawley V. City Of Cleveland, 24 F3d 814 (6th Cir. 1994), David F. Forte, Douglas J. Paul, Edward J. Maher, Bernard Niehaus
Law Faculty Briefs and Court Documents
A City of Cleveland Ordinance leasing space in the airport to the Catholic Diocese of Cleveland for use as a chapel, which is available to religious groups and persons of all faiths does not violate the Establishment Clause of the First Amendment.
The Role Of Public Opinion In Constitutional Interpretation, James G. Wilson
The Role Of Public Opinion In Constitutional Interpretation, James G. Wilson
Law Faculty Articles and Essays
This Article seeks to answer two questions. First, to what degree has public opinion influenced American constitutional interpretation, both on and off the Supreme Court, over the past two centuries? Second, how much weight, if any, should constitutional decision-makers give to public opinion, however that protean concept is defined? The Article initially places these queries in a contemporary context by considering the extended discussion of public opinion in the Planned Parenthood v. Casey opinions of Justice Souter, Chief Justice Rehnquist, and Justice Scalia. Justice Souter partially relied on public opinion to not overrule the constitutional right to an abortion created …
Conservatism And The Rehnquist Court, David F. Forte
Conservatism And The Rehnquist Court, David F. Forte
Law Faculty Articles and Essays
Now that the Supreme Court has been overwhelmingly staffed by appointees of Republican Presidents, we can ask: To what extent have they been faithful to the original version of the Constitution as articulated during its early years? How have they revivified the structural protections? How have they communicated an ethical sense of their own role in the structure? The answer, unfortunately, is that the record remains disappointing.