Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Seattle University School of Law (242)
- American University Washington College of Law (82)
- Yeshiva University, Cardozo School of Law (76)
- University of Michigan Law School (62)
- Washington and Lee University School of Law (30)
-
- University of Colorado Law School (29)
- Maurer School of Law: Indiana University (26)
- Columbia Law School (25)
- Roger Williams University (24)
- University of Nebraska - Lincoln (24)
- William & Mary Law School (23)
- Schulich School of Law, Dalhousie University (22)
- UIC School of Law (22)
- The University of Akron (20)
- Brooklyn Law School (17)
- Pepperdine University (17)
- University of Maine School of Law (16)
- BLR (14)
- University of Maryland Francis King Carey School of Law (13)
- New York Law School (12)
- St. John's University School of Law (12)
- University at Buffalo School of Law (12)
- Florida State University College of Law (11)
- Georgetown University Law Center (11)
- Northwestern Pritzker School of Law (11)
- Pace University (11)
- Cleveland State University (8)
- Fordham Law School (8)
- Texas A&M University School of Law (8)
- Touro University Jacob D. Fuchsberg Law Center (8)
- Keyword
-
- Abortion (127)
- Women (106)
- Constitutional law (68)
- Constitutional Law (58)
- Gender (57)
-
- Roe v. Wade (55)
- Constitution (51)
- Discrimination (47)
- Sex discrimination (46)
- Equal protection (43)
- Equality (38)
- First Amendment (35)
- Supreme Court (34)
- Pregnancy (29)
- United States Supreme Court (28)
- Law (27)
- Race (26)
- Gender and law (25)
- Reproductive rights (25)
- Fourteenth Amendment (23)
- Transgender (22)
- Women's rights (22)
- Privacy (21)
- Rights (18)
- Feminism (17)
- Gender discrimination (17)
- Equal Protection Clause (16)
- Equal Rights Amendment (ERA) (16)
- Gender and the Law (15)
- Politics (15)
- Publication Year
- Publication
-
- Seattle University Law Review (204)
- American University Journal of Gender, Social Policy & the Law (61)
- Faculty Scholarship (49)
- Cardozo Journal of Equal Rights & Social Justice (45)
- Publications (29)
-
- Michigan Law Review (26)
- Seattle Journal for Social Justice (25)
- Nebraska Journal on Advancing Justice (24)
- UIC Law Review (21)
- Articles (20)
- Washington and Lee Law Review (19)
- Cardozo Law Review (18)
- Pepperdine Law Review (17)
- Maine Law Review (16)
- Center for Gender & Sexuality Law (15)
- ExpressO (14)
- Indiana Law Journal (13)
- American Indian Law Journal (12)
- Michigan Journal of Gender & Law (12)
- Articles, Book Chapters, & Popular Press (11)
- Georgetown Law Faculty Publications and Other Works (11)
- Scholarly Articles in Law Reviews & Journals (11)
- Akron Law Review (10)
- Scholarly Publications (10)
- Scholarly Works (10)
- Brooklyn Law Review (9)
- Buffalo Law Review (9)
- Elisabeth Haub School of Law Faculty Publications (9)
- NYLS Law Review (9)
- Northwestern University Law Review (9)
- Publication Type
Articles 961 - 990 of 1109
Full-Text Articles in Constitutional Law
Neonaticide And The "Ethos Of Maternity": Traditional Criminal Law Defenses And The Novel Syndrome, Judith E. Macfarlane
Neonaticide And The "Ethos Of Maternity": Traditional Criminal Law Defenses And The Novel Syndrome, Judith E. Macfarlane
Cardozo Journal of Equal Rights & Social Justice
The note explores the legal and psychological dimensions of neonaticide, proposing the recognition of a Neonaticide Syndrome to better understand the mental state of perpetrators and inform legal defenses. It argues that such a syndrome, characterized by denial of pregnancy and psychotic breaks, could provide a framework for lenient sentencing and negate intent in homicide charges, similar to how Rape Trauma Syndrome and Battered Woman Syndrome are used in court. The analysis emphasizes the need for expert testimony to explain the mental state of defendants and the admissibility of such evidence under Frye and Daubert standards.
Women And The Promise Of Equal Citizenship, Jennifer S. Hendricks
Women And The Promise Of Equal Citizenship, Jennifer S. Hendricks
Publications
Anticipating the decision in United States v. Morrison (2000), holding that the civil rights remedy of the Violence Against Women Act was not a legitimate exercise of Congress's power to enforce the Equal Protection Clause, this article argues that the Act could be upheld as an exercise of Congress's authority under the Citizenship Clause of the Fourteenth Amendment. Congress's authority under the Citizenship Clause is analogous to its authority under the "badges and incidents" doctrine of the Thirteenth Amendment, which allows Congress to provide protection from discriminatory violence. This theory would also guide interpretation of the act to focus on …
Striking The Rock: Confronting Gender Equality In South Africa, Penelope Andrews
Striking The Rock: Confronting Gender Equality In South Africa, Penelope Andrews
Articles & Chapters
This Article analyzes the status of women's rights in the newly democratic South Africa. It examines rights guaranteed in the Constitution and conflicts between the principle of gender equality and the recognition of indigenous law and institutions. The Article focuses on the South African transition to democracy and theinfluence that feminist agitation at the international level has had on South African women's attempts at political organization. After dissecting the historical position of customary law in South Africa and questioning its place in the new democratic regime, the author argues that, although South African women have benefited from the global feminist …
"Pro-Life" Absolutes, Feminist Challenges: The Fundamentalist Narrative Of Irish Abortion Law 1986-1992, Ruth Fletcher
"Pro-Life" Absolutes, Feminist Challenges: The Fundamentalist Narrative Of Irish Abortion Law 1986-1992, Ruth Fletcher
Osgoode Hall Law Journal
This article asks how Irish abortion law developed to the point of stopping a young pregnant rape victim from travelling abroad to have an abortion in 1992 (Attorney General v. X.). The author argues that this case, which ultimately saw the Irish Supreme Court overturn that decision and recognize the young woman's right to abortion, was the last chapter of the fundamentalist narrative of Irish abortion law. The feminist critique of that law needs to consider its particular fundamentalist aspects in order to clarify the obstacles posed to the struggle for Irish women's reproductive freedom. The author argues that a …
Constitutional Law—Gender Equality And Single-Sex Education. United States V. Virginia, 116 S. Ct. 2264 (1996)., Heather Larkin Eason
Constitutional Law—Gender Equality And Single-Sex Education. United States V. Virginia, 116 S. Ct. 2264 (1996)., Heather Larkin Eason
University of Arkansas at Little Rock Law Review
No abstract provided.
Ru 486 Examined: Impact Of A New Technology On An 0 Id Controversy, Gwendolyn Prothro
Ru 486 Examined: Impact Of A New Technology On An 0 Id Controversy, Gwendolyn Prothro
University of Michigan Journal of Law Reform
Abortion is an extremely divisive issue in American politics and culture. Prothro begins this Article by analyzing the current legal standards governing reproduction, which draw a sharp distinction between abortion and contraception. Prothro then examines the function of RU 486, demonstrating that it acts both as a contraceptive and as an abortifacient. Because of this dual capacity, RU 486 does not fit neatly into the current legal framework. Prothro concludes this Article by arguing that RU 486 should force the Supreme Court to create a new framework for the "procreative right." Prothro argues that this new framework should treat the …
The Treatment Of Women Prisoners After The Vmi Decision: Application Of A New "Heightened Scrutiny", Rosemary M. Kennedy
The Treatment Of Women Prisoners After The Vmi Decision: Application Of A New "Heightened Scrutiny", Rosemary M. Kennedy
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Women's Powerless Tool: How Congress Overreached The Constitution With The Civil Rights Remedy Of The Violence Against Women Act, 30 J. Marshall L. Rev. 803 (1997), Lisa A. Carroll
UIC Law Review
No abstract provided.
Principles And Passions: The Intersection Of Abortion And Gun Rights , Nicholas J. Johnson
Principles And Passions: The Intersection Of Abortion And Gun Rights , Nicholas J. Johnson
Faculty Scholarship
In this article, Professor Nicholas J. Johnson explores the parallels between the right of armed self-defense and the woman's right to abortion. Professor Johnson demonstrates that the theories and principles advanced to support the abortion right intersect substantially with an individual's right to armed self-defense. Professor Johnson uncovers common ground between the gun and abortion rights - two rights that have come to symbolize society's deepest social and cultural divisions - divisions that prompt many to embrace the abortion right while summarily rejecting the gun right. Unreflective disparagement of the gun right, he argues, threatens the vitality of the abortion …
A Postscript On Vmi, Elizabeth Schneider
A Postscript On Vmi, Elizabeth Schneider
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Expanding The Feminist Imagination: An Analysis Of Reproductive Right, Edith L. Pacillo
Expanding The Feminist Imagination: An Analysis Of Reproductive Right, Edith L. Pacillo
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Transcript For Centennial Panel Two Decades Of Intermediate Scrutiny: Evaluating Equal Protection For Women, Journal Of Gender, Social Policy & The Law
Transcript For Centennial Panel Two Decades Of Intermediate Scrutiny: Evaluating Equal Protection For Women, Journal Of Gender, Social Policy & The Law
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Revisiting Equality: Feminist Thought About Intermediate Scrutiny, Ann Shalleck
Revisiting Equality: Feminist Thought About Intermediate Scrutiny, Ann Shalleck
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Reflections On The Vmi Decision, Deborah L. Brake
Reflections On The Vmi Decision, Deborah L. Brake
American University Journal of Gender, Social Policy & the Law
No abstract provided.
The Human Constitution And Constitutive Law: A Prolegomenon, John O. Mcginnis
The Human Constitution And Constitutive Law: A Prolegomenon, John O. Mcginnis
Articles
No abstract provided.
Abolitionist Feminism, Moral Slavery, And The Constitution: “On The Same Platform Of Human Rights”, David A.J. Richards
Abolitionist Feminism, Moral Slavery, And The Constitution: “On The Same Platform Of Human Rights”, David A.J. Richards
Cardozo Law Review
The analogy between race and gender plays an increasingly important role in the interpretation of the Equal Protection Clause of the Fourteenth Amendment. However, interpretive arguments about the analogy make little or no reference to the abolitionist historical background of the Reconstruction Amendments in general and the Fourteenth Amendment in particular. This might make some sense if the only legitimate interpretive appeal to history were Raoul Berger's version of originalism, namely, the specific denoted things (including persons and practices) to which the relevant drafters and ratifiers of the pertinent constitutional text would or would not have applied the language in …
The Title Ix Tug-Of-War And Intercollegiate Athletics In The 1990'S: Nonrevenue Men's Teams Join Women Athletes In The Scramble For Survival, Susan M. Shook
The Title Ix Tug-Of-War And Intercollegiate Athletics In The 1990'S: Nonrevenue Men's Teams Join Women Athletes In The Scramble For Survival, Susan M. Shook
Indiana Law Journal
No abstract provided.
A Feminist Revisit To The First-Year Curriculum, Anita Bernstein
A Feminist Revisit To The First-Year Curriculum, Anita Bernstein
Faculty Scholarship
No abstract provided.
Bondage, Freedom & The Constitution, Eric Foner
Bondage, Freedom & The Constitution, Eric Foner
Cardozo Law Review
Linking the papers on this most interesting panel are questions that center on the meaning of freedom. What is freedom? Who has the power to define what freedom is? What are the consequences of slavery and its abolition for Americans' understandings of freedom? In one way or another, these papers, as well as many others in this conference, illuminate these questions.
The Fifteenth Amendment And "Political Rights", Akhil Reed Amar
The Fifteenth Amendment And "Political Rights", Akhil Reed Amar
Cardozo Law Review
Professor Xi Wang has offered us an altogether exemplary paper on black suffrage. Rather than trying to criticize it, I shall attempt to extend it by picking up where he left off. My main text is the Fifteenth Amendment. I would like to suggest that the best interpretation of the Fifteenth Amendment would read it as encompassing a cluster of political rights; the Amendment protects not only the right to vote, but also the right to hold office, the right to be voted for, the right to vote in a legislature, the right to serve on a jury, and even …
Reproductive Freedom: Abortion Rights Of Incarcerated And Non-Incarcerated Women, Sarah Tankersley
Reproductive Freedom: Abortion Rights Of Incarcerated And Non-Incarcerated Women, Sarah Tankersley
Kentucky Law Journal
No abstract provided.
Democracy And Feminism , Tracy E. Higgins
Democracy And Feminism , Tracy E. Higgins
Faculty Scholarship
Although feminist legal theory has had an important impact on most areas of legal doctrine and theory over the last two decades, its contribution to the debate over constitutional interpretation has been comparatively small. In this Article, Professor Higgins explores reasons for the limited dialogue between mainstream constitutional theory and feminist theory concerning questions of democracy, constitutionalism, and judicial review. She argues that mainstream constitutional theory tends to take for granted the capacity of the individual to make choices, leaving the social construction of those choices largely unexamined. In contrast, feminist legal theory's emphasis on the importance of constraints on …
The Violence Against Women Act After United States V. Lopez: Will Domestic Violence Jurisdiction Be Returned To The States, Stacey L. Mckinley
The Violence Against Women Act After United States V. Lopez: Will Domestic Violence Jurisdiction Be Returned To The States, Stacey L. Mckinley
Cleveland State Law Review
Recent judiciary and media events have put a national focus on the overlooked problem of domestic violence. Federal lawmakers admirably responded to this attention in an aggressive manner when Congress passed the Violence Against Women Act (VAWA). Although little doubt exists that this country needs to reduce domestic violence, this sweeping federal legislation may not be the most effective means. The hasty response by federal lawmakers is unconstitutional in consideration of the Supreme Court's recent holding in Lopez. Although initial court challenges to the VAWA on Lopez grounds have resulted in split decisions, this Note argues that portions of the …
Mandatory Screening Of Newborns For Hiv: An Idea Whose Time Has Not Yet Come, Nina Loewenstein
Mandatory Screening Of Newborns For Hiv: An Idea Whose Time Has Not Yet Come, Nina Loewenstein
Cardozo Journal of Equal Rights & Social Justice
The article argues against mandatory HIV screening for newborns, asserting that the benefits of early detection do not justify the infringement on mothers' legal rights and privacy. Proponents overemphasize medical benefits and underestimate the impact on maternal rights and care roles.
While Ignorance May Not Be Bliss, It Is A Mother's Right: Constitutional Implications Of Testing Newborn Babies For Hiv, Julie D. Levinson
While Ignorance May Not Be Bliss, It Is A Mother's Right: Constitutional Implications Of Testing Newborn Babies For Hiv, Julie D. Levinson
Cardozo Journal of Equal Rights & Social Justice
The article examines the constitutional implications of mandatory HIV testing for newborns, arguing that such policies infringe upon women's rights under the Fourteenth Amendment. It critiques two proposed bills for being overly intrusive and not narrowly tailored, advocating instead for voluntary testing and counseling to balance public health with individual rights.
Jiggetts V. Grinker: Does It Establish A Right To "Adequate Shelter Allowance" In New York State?, Kurt Emhoff
Jiggetts V. Grinker: Does It Establish A Right To "Adequate Shelter Allowance" In New York State?, Kurt Emhoff
Cardozo Journal of Equal Rights & Social Justice
The article examines the Jiggetts v. Grinker case, which addresses the adequacy of shelter allowances for AFDC recipients in New York State. It argues that current allowances are insufficient compared to housing costs, leading to homelessness, and advocates for increasing these allowances. The analysis extends this reasoning to Home Relief recipients, emphasizing equal protection under the law.
Liberty Without Equality: The Property-Rights Connection In A Negative Citizenship Regime, David Abraham
Liberty Without Equality: The Property-Rights Connection In A Negative Citizenship Regime, David Abraham
Articles
Why, in comparison with other liberal capitalist democracies, is the social welfare state so poorly anchored in American law and public discourse? Surely American political and social history have contributed much to the weakness of our "social state." But law, too, has played a significant material, as well as ideological, role and has provided the terrain for much of our social development. This essay explores the particular contribution of the property-liberty nexus to the stunted development of positive liberty and social citizenship in the United States. It traces this connection from the natural rights and bourgeois Founders through several key …
An Introduction To “Mandatory Hiv Screening Of Newborns: A Child’S Welfare In Conflict With Its Mother’S Constitutional Rights?” - False Dichotomies Make Bad Law., Paris R. Baldacci
An Introduction To “Mandatory Hiv Screening Of Newborns: A Child’S Welfare In Conflict With Its Mother’S Constitutional Rights?” - False Dichotomies Make Bad Law., Paris R. Baldacci
Cardozo Journal of Equal Rights & Social Justice
The article examines the contentious issue of mandatory HIV screening of newborns, highlighting the false dichotomy often presented in the debate between the welfare of the child and the constitutional rights of the mother. It argues that this dichotomy oversimplifies the complex legal, medical, and ethical considerations involved, leading to ineffective public policy. The article emphasizes the need for a more holistic approach that balances medical interventions with respect for individual rights and addresses the broader societal and structural factors affecting HIV-infected mothers and their children.
An Argument For Universal Pediatric Hiv Testing, Counseling And Treatment, Colin Crawford
An Argument For Universal Pediatric Hiv Testing, Counseling And Treatment, Colin Crawford
Cardozo Journal of Equal Rights & Social Justice
The article argues that mandatory pediatric HIV testing, counseling, and treatment are essential to address a public health emergency, overriding constitutional concerns. The author, Colin Crawford, asserts that early detection and treatment significantly improve the lives of HIV-positive children, making it a compelling state interest that should take precedence over privacy and autonomy concerns.
Making Equality Law More Effective: Lessons From The German Experience, Ninon Colneric
Making Equality Law More Effective: Lessons From The German Experience, Ninon Colneric
Cardozo Journal of Equal Rights & Social Justice
The article examines the evolution and effectiveness of equality law in Germany, particularly focusing on gender equality. It highlights the significant influence of European Community (EC) law on German legislation and discusses the challenges in implementing these laws to achieve substantial gender equality. The analysis reveals that while progress has been made, there are persistent issues in effectively enforcing these laws.