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Full-Text Articles in Law

Wade’S Way No More? The Future Of Reproductive Rights In Light Of Texas Senate Bill 8’S Constitutionality, Dolly Suresh Oct 2021

Wade’S Way No More? The Future Of Reproductive Rights In Light Of Texas Senate Bill 8’S Constitutionality, Dolly Suresh

SLU Law Journal Online

There are many hot-topic discussions occurring in today's political climate. In this article, Dolly Suresh focuses on the recent legislation in Texas, the Texas Heartbeat Act, and the conversations surrounding it.


The Public Health Turn In Reproductive Rights, Rachel Rebouché Oct 2021

The Public Health Turn In Reproductive Rights, Rachel Rebouché

Washington and Lee Law Review

Over the last decade, public health research has demonstrated the short-term, long-term, and cumulative costs of delayed or denied abortion care. These costs are imposed on people who share common characteristics: abortion patients are predominantly low income and disproportionately people of color. Public health evidence, by establishing how law contributes to the scarcity of services and thereby entrenches health disparities, has vividly highlighted the connections between abortion access, race, and income. The contemporary attention to abortion law’s relationship to inequality is no accident: researchers, lawyers, and advocates have built an infrastructure for generating credible empirical studies of abortion restrictions’ effects. …


Identifying Super-Precedents In An Era Of Human Rights, Vincent J. Samar Aug 2021

Identifying Super-Precedents In An Era Of Human Rights, Vincent J. Samar

Pace Law Review

This Article discusses what a “super-precedent” is in American Constitutional Law. Additionally, it describes the current criteria used to identify super-precedents and the limitations of these criteria. It then mentions the various precedents that have been afforded this august title and suggests the need for an additional criterion to ensure the continued protection of those precedents most closely associated with the protection of human rights. Finally, the article identifies three additional precedents, beyond those usually recognized, that ought to be ranked super-precedents and provides a basis for ranking all precedents, grounded in autonomy, when they either conflict with one another …


Overruling Roe V. Wade: Lessons From The Death Penalty, Paul Benjamin Linton Mar 2021

Overruling Roe V. Wade: Lessons From The Death Penalty, Paul Benjamin Linton

Pepperdine Law Review

In Furman v. Georgia (1972), the Supreme Court struck down the Georgia and Texas death penalty statutes, thereby calling into question the validity of every other state death penalty statute. In their concurring opinions, Justices Brennan and Marshall expressed the view that, given society’s gradual abandonment of the death penalty, capital punishment violated the Eighth Amendment’s prohibition of “cruel and unusual punishments.” Justice Powell and three other justices dissented, arguing that the Court had misread the state of the law regarding society’s acceptance of the death penalty. Four years after Furman, in a quintet of cases, the Court held that …


The Geography Of Abortion Rights, B. Jessie Hill Jan 2021

The Geography Of Abortion Rights, B. Jessie Hill

Faculty Publications

Total or near-total abortion bans passed in recent years have garnered tremendous public attention. But another recent wave of more modest-looking abortion restrictions consists of laws regulating the geography of abortion provision through management of spaces, places, and borders. In the 1990s and early 2000s, numerous states adopted laws regulating the physical spaces where abortions can be performed. These laws include mandates that abortions be performed in particular kinds of places, such as ambulatory surgical centers, or that abortion-providing facilities have agreements in place with local hospitals. One consequence of such regulations has been to reduce the availability of abortion …


Ruth Bader Ginsburg, Wise Legal Giant, Thomas A. Schweitzer Jan 2021

Ruth Bader Ginsburg, Wise Legal Giant, Thomas A. Schweitzer

Touro Law Review

No abstract provided.


Ruth Bader Ginsburg, Wise Legal Giant, Thomas A. Schweitzer Jan 2021

Ruth Bader Ginsburg, Wise Legal Giant, Thomas A. Schweitzer

Scholarly Works

No abstract provided.


Abortion Rights In The Supreme Court: A Tale Of Three Wedges, Jennifer S. Hendricks Jan 2021

Abortion Rights In The Supreme Court: A Tale Of Three Wedges, Jennifer S. Hendricks

Publications

No abstract provided.


Contesting The Legacy Of The Nineteenth Amendment: Abortion And Equality From Roe To The Present, Mary Ziegler Jan 2021

Contesting The Legacy Of The Nineteenth Amendment: Abortion And Equality From Roe To The Present, Mary Ziegler

University of Colorado Law Review

Beyond the question of suffrage, the Nineteenth Amendment raised the issue of what it would take for women in America to achieve equal citizenship. The meaning of both the Nineteenth Amendment and equality for women remain especially contested in broader conflicts about abortion-and of how those conflicts have changed in fundamental ways in the decades since Roe v. Wade. For some time, fetal rights were pitted against the kinds of concerns about equality for women that drove reformers to seek the vote in 1920. But by the early 1990s, the terms of the conflicts had changed, with both sides claiming …