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Articles 1 - 21 of 21
Full-Text Articles in Law
Symposium On Religious Law: Roman Catholic, Islamic, And Jewish Treatment Of Familial Issues, Including Education, Abortion, In Vitro Fertilization, Prenuptial Agreements, Contraception, And Martial Fraud, Azizah Y. Al-Hibri
Law Faculty Publications
This symposium offers perspectives from three religious law traditions: Roman Catholicism, Islam, and Judaism. Each of the three legal traditions offers a comprehensive, normative system that translates doctrine into practice and religious values into concrete directives. While the place of theological law differs in the respective religious bodies, each body asserts a binding authority over its confessional members.
Love, Justice, And Power, David F. Forte
Love, Justice, And Power, David F. Forte
Law Faculty Articles and Essays
Abortion is the quintessential act of power.
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 Amici Curiae Of Ohio Right To Life Society, Inc., Cleveland Lawyers For Life, Inc., Physicians For Life, Inc. In Support Of Respondents, National Organization For Women V. Scheidler, 114 S. Ct. 798 (1993), David F. Forte
Law Faculty Briefs and Court Documents
(In this action, petitioner health care clinics alleged, among other things, that respondents, a coalition of antiabortion groups called the Pro-Life Action Network (PLAN) and others, were members of a nationwide conspiracy to shut down abortion clinics through a pattern of racketeering activity -- including extortion under the Hobbs Act -- in violation of the Racketeer Influenced and Corrupt Organizations Act (RICO) chapter of the Organized Crime Control Act of 1970, 18 U.S.C. §§ 1961-1968.)
Amici contend that the ordinary canons of statutory interpretation support the Seventh Circuit's conclusion below that the Racketeer Influenced and Corrupt Organizations ("RICO") chapter of …
Section 7: Privacy, Institute Of Bill Of Rights Law, William & Mary Law School
Section 7: Privacy, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
On The Strength Of Its Human Dignity: The Pro-Life 1993 Decision Of The German Constitutional Court, Richard Stith
On The Strength Of Its Human Dignity: The Pro-Life 1993 Decision Of The German Constitutional Court, Richard Stith
Law Faculty Publications
No abstract provided.
A Question Of Choice, Michele A. Estrin
A Question Of Choice, Michele A. Estrin
Michigan Law Review
A Review of A Question of Choice by Sarah Weddington
Bray V. Alexandria Women's Health Clinic: Women Under Siege, Dianne Olivia Fischer
Bray V. Alexandria Women's Health Clinic: Women Under Siege, Dianne Olivia Fischer
University of Miami Law Review
No abstract provided.
Interstate Preemption: The Right To Travel, The Right To Life, And The Right To Die, Lea Brilmayer
Interstate Preemption: The Right To Travel, The Right To Life, And The Right To Die, Lea Brilmayer
Michigan Law Review
State laws differ, and they differ on issues of tremendous importance to the ways that we conduct our lives. Abortion and the right to die are two issues on which state law intersects with deeply held moral convictions, and on which state laws vary. With so much hanging in the balance, it is not surprising that those who find themselves outvoted or outmaneuvered in local political processes sometimes seek a legal climate more compatible with their beliefs about human decency and dignity. The right to "vote with one's feet" - to travel or move to another state and trade a …
Conflict Of Constitutions? No Thanks: A Response To Professors Brilmayer And Kreimer, Gerald L. Neuman
Conflict Of Constitutions? No Thanks: A Response To Professors Brilmayer And Kreimer, Gerald L. Neuman
Michigan Law Review
This colloquy was organized around the unpleasant hypothesis that the Supreme Court would overrule Roe v. Wade and that Congress would not fill the resulting void with federal legislation. The abortion debate would then move to the states, where local majorities could enact their own resolutions. If the local majorities were large enough, they could even write their local resolutions into their state constitutions. The contrasting state constitutions that could result might then replicate the comparativists' current juxtaposition between the U.S. Constitution and the constitutions of Germany and Ireland. In some states, prohibition of abortion would be constitutionally required, while …
"But Whoever Treasures Freedom…": The Right To Travel And Extraterritorial Abortions, Seth F. Kreimer
"But Whoever Treasures Freedom…": The Right To Travel And Extraterritorial Abortions, Seth F. Kreimer
Michigan Law Review
In a prior article, I addressed the problem of extraterritorial abortions under the assumption that the federal constitutional right of reproductive choice would be repudiated by the Supreme Court on Justice Scalia's theory that such rights lack sufficiently deep roots in the history and traditions surrounding the framing of the Constitution and the Fourteenth Amendment. I argued there that a constitutional methodology that relied on traditions and expectations of the Framers would provide a strong basis for concluding that the Constitution imposes severe limits on states' power to project their moralities extraterritorially. If Justice Scalia is serious about a regard …
The Breadth Of Context And The Depth Of Myth: Completing The Feminist Paradigm, Emily Calhoun
The Breadth Of Context And The Depth Of Myth: Completing The Feminist Paradigm, Emily Calhoun
Publications
No abstract provided.
The Pennsylvania Abortion Case, Janet Benshoof
The Pressure Of Precedent: A Critique Of The Conservative Approaches To Stare Decisis In Abortion Cases, Michael J. Gerhardt
The Pressure Of Precedent: A Critique Of The Conservative Approaches To Stare Decisis In Abortion Cases, Michael J. Gerhardt
Faculty Publications
No abstract provided.
Operation Rescue Blockades And The Misuse Of 42 U.S.C. 1985(3), Michael F. O'Brien
Operation Rescue Blockades And The Misuse Of 42 U.S.C. 1985(3), Michael F. O'Brien
Cleveland State Law Review
The purpose of this Note is to demonstrate that § 1985(3) is not applicable to Operation Rescue's blockade activities. Part II provides a brief survey of the history of § 1985(3) from its roots in the post-Civil War era to the 1950's. Part III examines the requirements for a § 1985(3) claim as delineated in the Griffin, Novotny, and Scott decisions. Part IV applies these requirements to the blockade controversy and argues that: (1) Gender-based animus should be accepted by the Court as a form of class-based animus within the meaning of § 1985(3); (2) the blockades do not fall …
Rust V. Sullivan: Redirecting The Katzenbach V. Morgan Power, Paul Chuey
Rust V. Sullivan: Redirecting The Katzenbach V. Morgan Power, Paul Chuey
Seattle University Law Review
By deferring to the discretion of another branch of the federal government on a question of constitutional interpretation, the Rust Court implicitly resurrects and reshapes the long ignored doctrine of Katzenbach v. Morgan. Despite their different substantive issues, these two cases have a similar effect on the federal judiciary's role in constitutional interpretation. Section I of this Note describes the facts and history surrounding Rust and Morgan. Section II examines the Rust doctrine of judicial deference in the context of Morgan. Section III examines the Rust Court's approach to the First Amendment issues raised by the regulation …
Informed Choice: Physicians' Duty To Disclose Nonreadily Available Alternatives, Halle Fine Terrion
Informed Choice: Physicians' Duty To Disclose Nonreadily Available Alternatives, Halle Fine Terrion
Case Western Reserve Law Review
No abstract provided.
Disagreement And Interpretation, Robert F. Nagel
The Supreme Court's Narrow View On Civil Rights, Jack M. Beermann
The Supreme Court's Narrow View On Civil Rights, Jack M. Beermann
Faculty Scholarship
The right to choose abortion, although recently significantly curtailed from its original scope,' is a federally protected liberty interest of women, and is at least protected against the imposition of "undue burdens" by state and local government.2 Some of the most serious threats to women's ability to choose abortion have come not from government regulation, but from private, national, organized efforts to prevent abortions. In addition to seeking change through the political system, some of these organizations, most notably Operation Rescue, have focused on the providers of abortion, and have attempted to prevent abortions by forcibly closing abortion clinics …
Justices Harlan And Black Revisited: The Emerging Dispute Between Justice O'Connor And Justice Scalia Over Unenumerated Fundamental Rights, David B. Anders
Justices Harlan And Black Revisited: The Emerging Dispute Between Justice O'Connor And Justice Scalia Over Unenumerated Fundamental Rights, David B. Anders
Fordham Law Review
No abstract provided.
Planned Parenthood V. Casey: The Death Of Repose In Reproductive Decision Making, John F. Nivala
Planned Parenthood V. Casey: The Death Of Repose In Reproductive Decision Making, John F. Nivala
John F. Nivala
No abstract provided.