Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Abortion (1)
- Constitutional Law (1)
- Emolument (1)
- Expressive harm (1)
- First Amendment (1)
-
- Foreign Emoluments Clause (1)
- Foreign State (1)
- Fourteenth Amendment (1)
- Government speech (1)
- Impelled speech (1)
- Ineligibility Clause (1)
- Office of Profit or Trust [under the United States] (1)
- Presidential Compensation Clause (1)
- Scientifically supported / unsupported expressions (1)
- Undue burden (1)
- Whole Woman's Health v. Hellerstedt (1)
Articles 1 - 2 of 2
Full-Text Articles in Law
Sex, Lies, And Ultrasound, B. Jessie Hill
Sex, Lies, And Ultrasound, B. Jessie Hill
Faculty Publications
State-mandated falsehoods are rampant in the context of abortion regulation. State legislatures have required doctors, before performing abortions, to provide scientifically unsupported information to women, such as that having an abortion increases the risk of breast cancer, or that it has negative mental health effects. Given the lack of evidence to sustain these sorts of claims, it seems reasonable to refer to such statements as government-mandated lies. However, this article argues that government mandated lies in the abortion context are unique in several ways that make them unlikely to be found unconstitutional, despite the fact that they obviously hinder patients’ …
The Foreign Emoluments Clause, Erik M. Jensen
The Foreign Emoluments Clause, Erik M. Jensen
Faculty Publications
Because of the foreign business dealings of President Donald Trump and his family, interpreting the Foreign Emoluments Clause has become a nearly fulltime job for political pundits, with stories about the clause appearing in every conceivable media outlet. The clause provides that “no Person holding any Office of Profit or Trust under [the United States] shall, without the Consent of Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.” If the president is benefitting economically from business dealings with foreign governments (or organizations that might be treated as agencies …