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Articles 1 - 17 of 17
Full-Text Articles in Law
Roe And The Original Meaning Of The Thirteenth Amendment, Kurt T. Lash
Roe And The Original Meaning Of The Thirteenth Amendment, Kurt T. Lash
Law Faculty Publications
The current debate over Roe v. Wade as a substantive due process right has prompted scholars to investigate alternative sources for a constitutional right to abortion. One approach argues that the Thirteenth Amendment’s prohibition on “slavery” and “involuntary servitude” prohibits the government from denying women the right to terminate a pregnancy. Scholars making this argument con-cede that the right to abortion was not the expected application of the Thirteenth Amendment but insist that a forced continued pregnancy falls within the original meaning of the Amendment’s terms.
The Imperfect But Necessary Lawsuit: Why Suing State Judges Is Necessary To Ensure That Statutes Creating A Private Cause Of Action Are Constitutional, Stephen N. Scaife
The Imperfect But Necessary Lawsuit: Why Suing State Judges Is Necessary To Ensure That Statutes Creating A Private Cause Of Action Are Constitutional, Stephen N. Scaife
University of Richmond Law Review
No abstract provided.
The Court After Scalia, Kevin C. Walsh
The Court After Scalia, Kevin C. Walsh
Law Faculty Publications
In this editorial, Professor Walsh surveys the 2015-2016 U.S. Supreme Court term, with particular attention to the effects the late Justice Antonin Scalia's absence had on the Court's decisions.
Does The Right To Elective Abortion Include The Right To Ensure The Death Of, Stephen G. Gilles
Does The Right To Elective Abortion Include The Right To Ensure The Death Of, Stephen G. Gilles
University of Richmond Law Review
No abstract provided.
Testing Sex, Rachel Rebouché
Abortion And The Constitutional Right (Not) To Procreate, Mary Ziegler
Abortion And The Constitutional Right (Not) To Procreate, Mary Ziegler
University of Richmond Law Review
No abstract provided.
How (Not) To Talk About Abortion, Meredith Johnson Harbach
How (Not) To Talk About Abortion, Meredith Johnson Harbach
University of Richmond Law Review
No abstract provided.
Administrative Law, John Paul Jones, Afsana Chowdhury
Administrative Law, John Paul Jones, Afsana Chowdhury
University of Richmond Law Review
What follows is, first, a report of certain developments during the last two years in the administrative law of Virginia, in particular the law governing rule making by state agencies and judicial review of both rules and cases from state agencies and, second, a report of developments in the law relating to Virginia's Freedom of Information Act.
Virginia's "War On Women": How Forcing Women To Have An Ultrasound Before Abortion Is Unconstitutional, Alison B. Linas
Virginia's "War On Women": How Forcing Women To Have An Ultrasound Before Abortion Is Unconstitutional, Alison B. Linas
Law Student Publications
This comment will discuss how the ultrasound bill, like similar ones in other states, is unconstitutional for two reasons....Part II of this comment will focus on the Supreme Court's role in shaping abortion policy....Part III will describe Virginia’s new ultrasound requirement and how the above-mentioned Supreme Court decisions affect the new bill’s legality. Part III(A) will lay out the relevant portions of the bill and discuss its legislative history. Part III(B) will analyze the bill through Casey’s undue burden lens....Part III(C) will argue that requiring a woman to have a mandatory medical procedure effectively prevents her from refusing medical care, …
How (Not) To Talk About Abortion, Meredith J. Harbach
How (Not) To Talk About Abortion, Meredith J. Harbach
Law Faculty Publications
In this essay, I aim to have a conversation about how we converse- how we talk-about abortion and related issues. In the process, I want to consider how we might come together to discover issues of shared commitment and values and transform the existing abortion debate. I begin with a review of some of the more notable abortion-related rhetoric during the 2012 Virginia General Assembly, and contrast that rhetoric with the discourse in my classroom. I then consider whether and how we might move forward together toward a more meaningful and productive dialogue on these issues.
The Slave, The Fetus, The Body: Articulating Biopower And The Pregnant Woman, Kevin Kuswa, Paul Achter, Elizabeth Lauzon
The Slave, The Fetus, The Body: Articulating Biopower And The Pregnant Woman, Kevin Kuswa, Paul Achter, Elizabeth Lauzon
Rhetoric and Communication Studies Faculty Publications
Many slaveholders attempted to justify the institution of slavery in the United States by claiming that the practice of slavery was actually in the interests of the slaves themselves. Not only are these arguments invalid because they justify inhumane treatment and the imprisonment of innocent human beings, they also contain a dangerous paternalism (a “speaking for”) that has not vacated the social sphere. Indeed, this same logic—the notion that bodies can be regulated and controlled for their own protection—is presently being used to speak for the fetus in order to justify fetal rights. Borrowing from Berlant (1997), these fetal rights …
Health Care Law, Michael C. Guanzon
Health Care Law, Michael C. Guanzon
University of Richmond Law Review
No abstract provided.
Operation Rescue, Eric S. Yellin
Operation Rescue, Eric S. Yellin
History Faculty Publications
Operation Rescue, founded in 1986, became known as one of the most militant groups opposing a woman’s right to abortion as established in the 1973 Supreme Court case Roe vs. Wade.
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.
Montana Fight Over Women's Rights, Carl W. Tobias
Montana Fight Over Women's Rights, Carl W. Tobias
Law Faculty Publications
Report of abortion protests that took place in various locations around Montana.
Intervention After Webster, Carl W. Tobias
Intervention After Webster, Carl W. Tobias
Law Faculty Publications
Webster v. Reproductive Health Services throws down the gauntlet on the "most politically divisive domestic legal issue of our time," imperiling women's progress in securing reproductive freedom and power in society. The battle over abortion rights is likely to splinter an already deeply divided country. After fierce fighting in many statehouses, some legislatures will pass statutes further restricting abortion. The major battleground, however, will quickly shift to the federal courts, where plaintiffs seeking to protect procreative freedom will challenge these measures. Judges, parties, and lawyers participating in this litigation will rigorously analyze the issues of "substance" that Webster and the …
University Of Richmond Law Review Table Of Contents
University Of Richmond Law Review Table Of Contents
University of Richmond Law Review
No abstract provided.