Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Constitutional Law (3)
- America (1)
- Comparative jurisprudence (1)
- Constitution (1)
- Constitutional history (1)
-
- Constitutional law (1)
- Contraception (1)
- Courts (1)
- Culture (1)
- Declaratory Judgments (1)
- Education Law (1)
- Execution (1)
- Federalism (1)
- Human Rights Law (1)
- Inferior tribunals (1)
- Judges (1)
- Judgments (1)
- Judicial independence (1)
- Jurisprudence (1)
- Legal Education (1)
- Legal History (1)
- Madisonian compromise (1)
- Norms (1)
- Precedent (1)
- Pregnancy (1)
- Privacy (1)
- Privacy Law (1)
- Reproductive justice (1)
- Reproductive rights (1)
- Right of Privacy (1)
Articles 1 - 5 of 5
Full-Text Articles in Law
Griswold, Geduldig, And Hobby Lobby: The Sex Gap Continues, Maya Manian
Griswold, Geduldig, And Hobby Lobby: The Sex Gap Continues, Maya Manian
Articles in Law Reviews & Other Academic Journals
In her article, The (Non)-Right to Sex, Professor Mary Ziegler excavates the fascinating legal history of the “sex gap” — the historical failure to address sexual liberty — in the constitutional canon and offers an important cautionary tale for contemporary advocacy of marriage equality. By surfacing lost efforts to expand sexual liberty, and by linking that liberty to intersectional concerns about class, gender, and racial equality, Professor Ziegler both explains why sexual freedom has received such limited constitutional protection and shows how incrementalist litigation strategies aimed at progressive legal change have inadvertently strengthened the state’s power to delimit sexual expression. …
A Tradition At War With Itself: A Reply To Professor Rana's Review Of America's Forgotten Constitutions: Defiant Visions Of Power And Community, Robert Tsai
Articles in Law Reviews & Other Academic Journals
This essay responds to Professor Aziz Rana's review essay, "The Many American Constitutions," 93 Texas Law Review 1193 (2015).
He contends: (1) my portrayal of American constitutionalism might contain a “hidden” teleological understanding of the development of constitutional law; (2) my notion of "conventional sovereignty" sometimes seems content-free and at other times "interlinked with liberal egalitarianism"; and (3) a focus on failed constitutions "inadvertently tends to compartmentalize the overall tradition."
I answer in the following ways: (1) I reject any sense that constitutional law has moved in an arc of steady progress toward Enlightenment and instead embrace a tradition of …
Inferiority Complex: Should State Courts Follow Lower Federal Court Precedent On The Meaning Of Federal Law?, Amanda Frost
Inferiority Complex: Should State Courts Follow Lower Federal Court Precedent On The Meaning Of Federal Law?, Amanda Frost
Articles in Law Reviews & Other Academic Journals
The conventional wisdom is that state courts need not follow lower federal court precedent when interpreting federal law. Upon closer inspection, however, the question of how state courts should treat lower federal court precedent is not so clear. Although most state courts now take the conventional approach, a few contend that they are obligated to follow the lower federal courts, and two federal courts of appeals have declared that their decisions are binding on state courts. The Constitution’s text and structure send mixed messages about the relationship between state and lower federal courts, and the Supreme Court has never squarely …
Yes, Virginia, There Are Stupid Questions, David Spratt
Yes, Virginia, There Are Stupid Questions, David Spratt
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Human Rights Hero: The Supreme Court In Griswold V. Connecticut, Stephen Wermiel
Human Rights Hero: The Supreme Court In Griswold V. Connecticut, Stephen Wermiel
Articles in Law Reviews & Other Academic Journals
No abstract provided.