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Full-Text Articles in Law
A World Without Roe: The Constitutional Future Of Unwanted Pregnancy, Julie C. Suk
A World Without Roe: The Constitutional Future Of Unwanted Pregnancy, Julie C. Suk
William & Mary Law Review
With the demise of Roe v. Wade, the survival of abortion access in America will depend on new legal paths. In the same moment that Dobbs v. Jackson Women’s Health Organization has constrained access to abortion in the United States, other constitutional democracies have moved in the opposite direction, expanding access to safe, legal, and free abortions. They have done so without reasoning from Roe’s vision of the private zone of unwanted pregnancy. The development of abortion law outside the United States provides critical insights that can inform future efforts to vindicate the constitutional rights of women facing …
The Supreme Court Decisions On Guns And Abortion Relied Heavily On History. But Whose History?, Allison Orr Larsen
The Supreme Court Decisions On Guns And Abortion Relied Heavily On History. But Whose History?, Allison Orr Larsen
Popular Media
No abstract provided.
Originalism's Implementation Problem, Michael L. Smith, Alexander S. Hiland
Originalism's Implementation Problem, Michael L. Smith, Alexander S. Hiland
William & Mary Bill of Rights Journal
Despite the vast body of theoretical work produced by originalist scholars, this literature fails to address how practicing judges and attorneys should apply originalist theories. All too often, academic originalists appear to write for an audience of other originalist scholars. This results in lengthy, technical, and heavily theoretical discussions. The question of how courts and judges are to apply these increasingly technical and theoretical originalist methods is left by the wayside. All too often, judges and attorneys cherry-pick from this body of scholarship to create a veneer of academic legitimacy for their own goal-oriented arguments.
We do not seek to …