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Articles 1081 - 1109 of 1109
Full-Text Articles in Constitutional Law
Roe V. Wade And The Lesson Of The Pre-Roe Case Law, Richard Gregory Morgan
Roe V. Wade And The Lesson Of The Pre-Roe Case Law, Richard Gregory Morgan
Michigan Law Review
The politically unsettled and judicially confused law of abortion in 1971 and 1972, when the Court twice heard arguments and deliberated Roe, should have warned it not to decide the case. By doing so; the Court thrust itself into a political debate and stunted the development of a thoughtful lower-court case law. If the Court did perceive the warnings but continued toward a decision anyway, perhaps trusting that its own considerable wits would devise an answer the lower courts had not, the result suggests that the judicial system's axioms deserve more respect than they received. This Article, by showing …
The Abortion-Funding Cases And Population Control: An Imaginary Lawsuit (And Some Reflections On The Uncertain Limits Of Reproductive Privacy), Susan Frelich Appleton
The Abortion-Funding Cases And Population Control: An Imaginary Lawsuit (And Some Reflections On The Uncertain Limits Of Reproductive Privacy), Susan Frelich Appleton
Michigan Law Review
Two issues are before us today: (I) the meaning of the term "medically necessary" in a public hospital's charter and (II) the constitutionality of state action that provides free medical treatment to indigent pregnant women seeking an abortion but denies them such assistance for prenatal care and childbirth. On the basis of recent Supreme Court authority, we find that such action violates neither the hospital's charter nor the United States Constitution.
Rewriting Roe V. Wade, Donald H. Regan
Rewriting Roe V. Wade, Donald H. Regan
Articles
Roe v. Wade is one of the most controversial cases the Supreme Court has decided. The result in the case - the establishment of a constitutional right to abortion - was controversial enough. Beyond that, even people who approve of the result have been dissatisfied with the Court's opinion. Others before me have attempted to explain how a better opinion could have been written. It seems to me, however, that the most promising argument in support of the result of Roe has not yet been made. This essay contains my suggestions for "rewriting" Roe v. Wade
Eberts V. Westinghouse Electric Corp. Gender-Based Discrimination After Gilbert And Satty, 12 J. Marshall J. Prac. & Proc. 459 (1979), Carol M. Cervantes
Eberts V. Westinghouse Electric Corp. Gender-Based Discrimination After Gilbert And Satty, 12 J. Marshall J. Prac. & Proc. 459 (1979), Carol M. Cervantes
UIC Law Review
No abstract provided.
One Small Word: Sexual Equality Through The State Constitution, Ruth L. Gokel
One Small Word: Sexual Equality Through The State Constitution, Ruth L. Gokel
Florida State University Law Review
No abstract provided.
Sex Discrimination—Court Narrows Gilbert—Some Pregnancy Discrimination Is Sex Related, Claudia G. Allen, Jean C. Powers
Sex Discrimination—Court Narrows Gilbert—Some Pregnancy Discrimination Is Sex Related, Claudia G. Allen, Jean C. Powers
Buffalo Law Review
No abstract provided.
Equality For Individuals Or Equality For Groups: Implications Of The Supreme Court Decision In The Manhart Case, William W. Van Alstyne
Equality For Individuals Or Equality For Groups: Implications Of The Supreme Court Decision In The Manhart Case, William W. Van Alstyne
Faculty Scholarship
This commentary breaks down the case of the City of Los Angeles Department of Water and Power v. Manhart and discusses what effects the Supreme Court's decision will have when Title VII is applied to university employers, particularly in their relationship with TIAA-CREF
Equal Rights Amendment South Carolina Coalition Records - Accession 183, Equal Rights Amendment South Carolina Coalition, Coleman Groves Poag
Equal Rights Amendment South Carolina Coalition Records - Accession 183, Equal Rights Amendment South Carolina Coalition, Coleman Groves Poag
Manuscript Collection
The Equal Rights Amendment (ERA) South Carolina Coalition Records consists of correspondence, newsletters, brochures, pamphlets, and telegrams, extending from 1972-1978, sent by both supporters and non-supporters of ERA to Coleman Poag, South Carolina state senator for district 6, in an effort to influence Poag’s vote. The ERA was a proposed amendment to the United States Constitution designed to guarantee equal rights for women.
Equal Rights Amendment South Carolina Coalition Records - Accession 168, Equal Rights Amendment South Carolina Coalition
Equal Rights Amendment South Carolina Coalition Records - Accession 168, Equal Rights Amendment South Carolina Coalition
Manuscript Collection
The Equal Rights Amendment (ERA) records, dating from 1970 to 1978, include correspondence, legislative journals, magazine articles, newspaper clippings, brochures, pamphlets, and other records relating to the work of the South Carolina Coalition in trying to get the ERA ratified by the South Carolina state legislature. There is relevant material concerning the ERA issue in other states. The Coalition was organized in 1972. The Equal Rights Amendment (ERA) was a proposed amendment to the United States Constitution designed to guarantee equal rights for women.
Equal Rights Amendment South Carolina Coalition Records - Accession 81, Equal Rights Amendment South Carolina Coalition
Equal Rights Amendment South Carolina Coalition Records - Accession 81, Equal Rights Amendment South Carolina Coalition
Manuscript Collection
The Equal Rights Amendment South Carolina Coalition Records consist of correspondence, memoranda, flyers, newsletters, reports, newspaper clippings, mailing lists and financial records concerning the drive for the ratification of the Equal Rights Amendment (ERA) in South Carolina. The ERA was a proposed amendment to the United States Constitution designed to guarantee equal rights for women.
De Facto And De Jure Sex Discrimination Under The Equal Protection Clause: A Reconsideration Of The Veterans' Preference In Public Employment, Grace Blumberg
De Facto And De Jure Sex Discrimination Under The Equal Protection Clause: A Reconsideration Of The Veterans' Preference In Public Employment, Grace Blumberg
Buffalo Law Review
No abstract provided.
Preferential Remedies For Employment Discrimination, Harry T. Edwards, Barry L. Zaretsky
Preferential Remedies For Employment Discrimination, Harry T. Edwards, Barry L. Zaretsky
Michigan Law Review
A basic thesis of this article is that much of the current concern about alleged "reverse discrimination" in employment ignores the reality of the situation. In Part I it will be contended that although color blindness is a laudable long-run objective, it alone will not end discrimination; thus, it will be argued that some form of "color conscious" affirmative action must be employed in order to achieve equal employment opportunity for minorities and women. The most effective form of affirmative action is temporary preferential treatment, and it will be asserted in Part II that such relief can be justified under …
Constitutional Law--Women's Rights--Mandatory Pregnancy Leave Unconstitutional, Jean Karen Beasley
Constitutional Law--Women's Rights--Mandatory Pregnancy Leave Unconstitutional, Jean Karen Beasley
West Virginia Law Review
No abstract provided.
Viability And Abortion, Chris Macaluso
The Fourth Amendment As A Way Of Talking About People: A Study Of Robinson And Matlock, James Boyd White
The Fourth Amendment As A Way Of Talking About People: A Study Of Robinson And Matlock, James Boyd White
Articles
One way to regard what the Supreme Court has done in the cases it has decided under the Fourth Amendment is to say that it has created a specialized discourse of adjudication, a language in which it can talk about and dispose of the repeated conflicts that arise between an officer engaged in the process of crime control and a citizen upon whose freedom or security he intrudes. The events which bring these two figures together are bewildering in their variety and complexity, and the claims on each side are deeply felt and strenuously made. It has not been easy …
Reversals In The Federal Constitutional Amendment Process: Efficacy Of State Ratifications Of The Equal Rights Amendment, Lynn Andretta Fishel
Reversals In The Federal Constitutional Amendment Process: Efficacy Of State Ratifications Of The Equal Rights Amendment, Lynn Andretta Fishel
Indiana Law Journal
No abstract provided.
The Equal Rights Amendment: Constraint On Discretion In Family Law, Marylou Clark, Tricia Semmelhack, Sara Steinbock
The Equal Rights Amendment: Constraint On Discretion In Family Law, Marylou Clark, Tricia Semmelhack, Sara Steinbock
Buffalo Law Review
No abstract provided.
Overruling Roe V. Wade: An Analysis Of The Proposed Constitutional Amendments, Charles E. Rice
Overruling Roe V. Wade: An Analysis Of The Proposed Constitutional Amendments, Charles E. Rice
Journal Articles
It is not my purpose here to criticize the abortion decisions in detail. Professor Robert M. Byrn has exposed the many specific errors and evasions found in the majority opinions in those cases. As Professor Byrn demonstrates, the Supreme Court's opinions in Wade and Bolton are an intellectual shambles. I will not try to cover the same detailed ground that Professor Byrn did. Rather, after examining the medical evidence which establishes that the unborn child is a human being from the moment of conception, this article will evaluate the propriety of excluding this class of human beings from the protections …
Struck V. Secretary Of Defense, Lewis F. Powell Jr.
Struck V. Secretary Of Defense, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
A Woman's Right To Voluntary Sterilization, Susan L. Bloom
A Woman's Right To Voluntary Sterilization, Susan L. Bloom
Buffalo Law Review
No abstract provided.
Women And The Equal Protection Clause, Eric R. Gilbertson
Women And The Equal Protection Clause, Eric R. Gilbertson
Cleveland State Law Review
The stance of the law in this respect, as with other social trends, has generally reflected the current attitudes that dominate the society it governs. Yet, as late as 1969, we still had judges on the appellate level taking judicial notice of the female's lesser capacity for sexual arousal, the sexual behavior of "the vast majority of women in a civilized society," and the "normal" behavior of a married woman in the presence of her husband in their bedroom;' all in a puritanically paternalistic fashion. This, and other absurd judicial pronouncements may have been what prompted one controversial attorney to …
Constitutional Reflections On Abortion Reform, Patrick L. Baude
Constitutional Reflections On Abortion Reform, Patrick L. Baude
Articles by Maurer Faculty
No abstract provided.
Constitutional Reflections On Abortion Reform, Patrick L. Baude
Constitutional Reflections On Abortion Reform, Patrick L. Baude
University of Michigan Journal of Law Reform
United States abortion law is evolving comparably. Even eight years ago, public opinion was deeply divided when a Phoenix housewife sought to avoid giving birth after taking Thalidomide. The Model Penal Code, promulgated that year, authorized abortion in cases of felonious intercourse, to avoid deformity, and to protect the physical or mental health of the mother; these faintly daring innovations are now in danger of being declared unconstitutional because they are too limited. In the last year, three courts have invalidated moderate abortion statutes and the New York legislature has permitted abortion at will in early pregnancy. The purpose of …
Constitutional Law - Validity Of Minimum Wage Legislation Under The Fourteenth Amendment, Jack L. White
Constitutional Law - Validity Of Minimum Wage Legislation Under The Fourteenth Amendment, Jack L. White
Michigan Law Review
A state statute provided that it should be unlawful to employ women at wages not adequate for their maintenance, and established a commission to fix wages according to such a standard after a public hearing and a conference of representatives of employees and employers, and disinterested persons representing the public. The appellee was employed as a chambermaid in the hotel of appellant at less than the minimum wage prescribed, and brought suit to recover the difference between these amounts. The state court gave judgment for the appellee, and on certiorari the Supreme Court held that the statute was valid and …
Constitutional Law--Minimum Wage Law For Women As A Violation Of The Fifth Amendment
Constitutional Law--Minimum Wage Law For Women As A Violation Of The Fifth Amendment
Michigan Law Review
The advance of so-called social legislation within the last several decades has furnished an intensely interesting period in constitutional and industrial development. The last skirmish with the fast-disappearing forces of logic and anachronistic formalism seems to have been fought in the recent case of Adkins v. Lyons (April 9, 1923), U. S. Adv. Ops. 795 and 796.
A Critique Of Methods For Alteration Of Women's Legal Status, Gladys Wells
A Critique Of Methods For Alteration Of Women's Legal Status, Gladys Wells
Michigan Law Review
A case was appealed because all women electors were excluded from the jury. Held, the Nineteenth federal Amendment merely prohibits discrimination, leaving the states to confer the right of suffrage. Moreover, jury service is distinct therefrom; and the state constitution excludes women by providing for juries of twelve "men." If being an elector ipso facto entitled to jury service, the legislature could prescribe no other limitation. No question of violation of the Fourteenth Amendment can be raised since the accused does not belong to the excluded class.
The Scope Of The Mann Act, Ralph W. Aigler
The Scope Of The Mann Act, Ralph W. Aigler
Articles
As was to be expected in view of the well-settled doctrine of the Supreme Court that the constitutional grant of power to regulate interstate commerce includes power of control over transportation of persons as well as property, it was held in Hoke v. United States, 227 U. S. 308, 57 L. Ed. 523, 33 Sup. Ct. 281, that the WHITE SLAVE TRAFFIC ACT of 1910 (36 Stat. 825), usually referred to as the MANN ACT, was constitutional. State legislation covering the same ground, it has been held, has been displaced. State v. Harper, 48 Mont. 456, 138 Pac. 495.
The Scope Of The Mann Act, Ralph W. Aigler
The Scope Of The Mann Act, Ralph W. Aigler
Articles
As was to be expected in view of the well-settled doctrine of the Supreme Court that the constitutional grant of power to regulate interstate commerce includes power of control over transportation of persons as well as property, it was held in Hoke v. United States, 227 U. S. 308, 57 L. Ed. 523, 33 Sup. Ct. 281, that the WHITE SLAVE TRAFFIC ACT of 1910 (36 Stat. 825), usually referred to as the MANN ACT, was constitutional. State legislation covering the same ground, it has been held, has been displaced. State v. Harper, 48 Mont. 456, 138 Pac. 495.
Why Don't More Public Schools Teach Sex Education? A Constitutional Explanation And Critique, Jesse R. Merriam
Why Don't More Public Schools Teach Sex Education? A Constitutional Explanation And Critique, Jesse R. Merriam
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.