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Articles 1021 - 1050 of 1101
Full-Text Articles in Law and Gender
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.
The "Gag Rule" Revisited: Physicians As Abortion Gatekeepers, Maxwell Gregg Bloche
The "Gag Rule" Revisited: Physicians As Abortion Gatekeepers, Maxwell Gregg Bloche
Georgetown Law Faculty Publications and Other Works
To the surprise of many and the dismay of some, the U.S. Supreme Court took it upon itself last term to proclaim a national compromise on the question of abortion. The Court's announced truce, an elaboration on Justice O'Connor's "undue burden" idea, is pragmatic in design but unlikely to prove stable in practice. The three justices who spoke for the Court disparaged Roe with reluctant praise, then upheld its outer shell on the ground that social expectations and the need to sustain the appearance of the rule of law made it impolitic to do otherwise. This awkward doctrinal invention seems …
Reconstructing Liberty, Robin West
Reconstructing Liberty, Robin West
Georgetown Law Faculty Publications and Other Works
It is commonly and rightly understood in this country that our constitutional system ensures, or seeks to ensure, that individuals are accorded the greatest degree of personal, political, social, and economic liberty possible, consistent with a like amount of liberty given to others, the duty and right of the community to establish the conditions for a moral and secure collective life, and the responsibility of the state to provide for the common defense of the community against outside aggression. Our distinctive cultural and constitutional commitment to individual liberty places very real restraints on what our elected representatives can do, even …
Expanding Our Vision Of Legal Services Representation– The Hermanas Unidas Project, Stacy Brustin
Expanding Our Vision Of Legal Services Representation– The Hermanas Unidas Project, Stacy Brustin
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Lost Innocence And The Moral Foundation Of Law, Kate Nace Day
Lost Innocence And The Moral Foundation Of Law, Kate Nace Day
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Discovering Our Connections: Race And Gender In The Law Symposium Keynote Address, Margaret Walker Alexander
Discovering Our Connections: Race And Gender In The Law Symposium Keynote Address, Margaret Walker Alexander
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Racism And Patriarchy In The Meaning Of Motherhood, Dorthy E. Roberts
Racism And Patriarchy In The Meaning Of Motherhood, Dorthy E. Roberts
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Roe V. Wade And The Dred Scott Decision: Justice Scalia's Peculiar Analogy In Planned Parenthood V. Casey, Jamin B. Raskin
Roe V. Wade And The Dred Scott Decision: Justice Scalia's Peculiar Analogy In Planned Parenthood V. Casey, Jamin B. Raskin
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Babies, Parents, And Grandparents: A Story In Two Cases, Karen Czapanskiy
Babies, Parents, And Grandparents: A Story In Two Cases, Karen Czapanskiy
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Abortion And The Law: A Problem Without A Solution?, Robert F. Drinan S.J.
Abortion And The Law: A Problem Without A Solution?, Robert F. Drinan S.J.
Michigan Law Review
A Review of Abortion: The Clash of Absolutes by Laurence H. Tribe
Voluntary Affirmative Action In Employment For Women And Minorities Under Title Vii Of The Civil Rights Act: Extending Possibilities For Employers To Engage In Preferential Treatment To Achieve Equal Employment Opportunity, 24 J. Marshall L. Rev. 731 (1991), Chris Engels
UIC Law Review
No abstract provided.
Compromising On Abortion, Daniel O. Conkle
Compromising On Abortion, Daniel O. Conkle
Articles by Maurer Faculty
No abstract provided.
Sex, Lies And Videotape: The Pornographer As Censor, Marianne Wesson
Sex, Lies And Videotape: The Pornographer As Censor, Marianne Wesson
Publications
The legal branch of the women's movement, although of one mind on some subjects, is divided on the proper approach to pornography. Some feminists oppose the imposition of any legal burdens on pornography because they fear that feminist speech will be caught in the general suppression, and others believe that any such burdens must violate the first amendment. Professor Wesson suggests that pornography should be defined to include only those materials that equate sexual pleasure with the infliction of violence or pain, and imply approval of conduct that generates the actor's arousal or satisfaction through this infliction. So defined, pornography …
The New Politics Of Pornography, René L. Todd
The New Politics Of Pornography, René L. Todd
Michigan Law Review
A Review of The New Politics of Pornography by Donald A. Downs
New York V. Sullivan: Shhh .... Don't Say The A Word - Another Outcome-Oriented Abortion Decision, 23 J. Marshall L. Rev. 753 (1990), Christopher C. Kendall
New York V. Sullivan: Shhh .... Don't Say The A Word - Another Outcome-Oriented Abortion Decision, 23 J. Marshall L. Rev. 753 (1990), Christopher C. Kendall
UIC Law Review
No abstract provided.
Webster V. Reproductive Health Services: A Path To Constitutional Equilibrium, Mark E. Chopko
Webster V. Reproductive Health Services: A Path To Constitutional Equilibrium, Mark E. Chopko
Campbell Law Review
This Article is intended as part of a symposium and a debate on substantive due process and the decision in Webster v. Reproductive Health Services. This writer, although here a commentator on the law, does have an opinion on the ultimate question: Roe v. Wade was wrongly decided.
A Proposal To Illinois Legislators: Revise The Illinois Criminal Code To Include Criminal Sanctions Against Prenatal Substance Abusers, 23 J. Marshall L. Rev. 393 (1990), Kathryn Schierl
UIC Law Review
No abstract provided.
Why Abortion Rights Are Not Justified By Reference To Gender Equality: A Response To Professor Tribe, 23 J. Marshall L. Rev. 621 (1990), David F. Smolin
Why Abortion Rights Are Not Justified By Reference To Gender Equality: A Response To Professor Tribe, 23 J. Marshall L. Rev. 621 (1990), David F. Smolin
UIC Law Review
No abstract provided.
Equality Theory, Marital Rape, And The Promise Of The Fourteenth Amendment, Robin West
Equality Theory, Marital Rape, And The Promise Of The Fourteenth Amendment, Robin West
Georgetown Law Faculty Publications and Other Works
During the 1980s a handful of state judges either held or opined in dicta what must be incontrovertible to the feminist community, as well as to most progressive legal advocates and academics: the so-called marital rape exemption, whether statutory or common law in origin, constitutes a denial of a married woman's constitutional right to equal protection under the law. Indeed, a more obvious denial of equal protection is difficult to imagine: the marital rape exemption denies married women protection against violent crime solely on the basis of gender and marital status. What possibly could be less rational than a statute …
Webster V. Reproductive Health Services: Do Legislative Declarations That Life Begins At Conception Violate The Establishment Clause?, Dr. Robert L. Maddox, Blaine Bortnick
Webster V. Reproductive Health Services: Do Legislative Declarations That Life Begins At Conception Violate The Establishment Clause?, Dr. Robert L. Maddox, Blaine Bortnick
Campbell Law Review
This article contends that the Missouri legislative statement is a theologically derived finding that personhood begins at the moment of conception. Such an inherently theological and controversial determination violates a core purpose of the establishment clause of the first amendment, the absolute prohibition against government preference of one religious sect or denomination over another and the placing of the state's imprimatur on a particular religious dogma. What follows is a synopsis of the religious debate over whether human life begins at conception. Next is a discussion of the statute in light of this debate in the context of establishment clause …
Canada's Roe: The Canadian Abortion Decision And Its Implications For American Constitutional Law And Theory, Daniel O. Conkle
Canada's Roe: The Canadian Abortion Decision And Its Implications For American Constitutional Law And Theory, Daniel O. Conkle
Articles by Maurer Faculty
No abstract provided.
More Than A Mouthful: Libel And The Restaurant Review, Amy G. Borress
More Than A Mouthful: Libel And The Restaurant Review, Amy G. Borress
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Law And Consciousness, Charles A. Reich
Why We Lost The Era, Judith L. Hudson
Why We Lost The Era, Judith L. Hudson
Michigan Law Review
A Review of Why We Lost the ERA
Pool Coverage, Press Access, And Presidential Debates: What’S Wrong With This Picture, Wendy S. Zeligson
Pool Coverage, Press Access, And Presidential Debates: What’S Wrong With This Picture, Wendy S. Zeligson
Cardozo Law Review
No abstract provided.
Johnson V. Transportation Agency: The United States Supreme Court Weighs Statistical Imbalance In Favor Of Affirmative Action, 21 J. Marshall L. Rev. 593 (1988), Denise C. Hockley-Cann
Johnson V. Transportation Agency: The United States Supreme Court Weighs Statistical Imbalance In Favor Of Affirmative Action, 21 J. Marshall L. Rev. 593 (1988), Denise C. Hockley-Cann
UIC Law Review
No abstract provided.
The Intentional Creation Of Fetal Tissue For Transplants: The Womb As A Fetus Farm, 21 J. Marshall L. Rev. 853 (1988), James David Roberts
The Intentional Creation Of Fetal Tissue For Transplants: The Womb As A Fetus Farm, 21 J. Marshall L. Rev. 853 (1988), James David Roberts
UIC Law Review
No abstract provided.
A Civil Liberties Analysis Of Surrogacy Arrangements, Lawrence O. Gostin
A Civil Liberties Analysis Of Surrogacy Arrangements, Lawrence O. Gostin
Georgetown Law Faculty Publications and Other Works
In this essay the author comes to the following conclusions based upon a civil liberties analysis. First, surrogacy arrangements cannot be prohibited or criminalized. Second, the state cannot ban the exchange of money for surrogacy services, provided the money is paid for conception, gestation, and birth. Money, however, cannot be paid on condition that the gestational mother waive her parental rights over the child. Third, contractual provisions that require the gestational mother to waive her parental rights or her rights to privacy and autonomy are void and unenforceable. Fourth, when the child is born, both the gestational mother and the …
The 1986 And 1987 Affirmative Action Cases: It's All Over But The Shouting, Herman Schwartz
The 1986 And 1987 Affirmative Action Cases: It's All Over But The Shouting, Herman Schwartz
Michigan Law Review
For the moment, the affirmative action wars are over. In a ten-year set of decisions, culminating in five during the last two terms, the Court has now legitimated almost all types of race and gender preferences, even if they benefit nonvictims, including voluntarily adopted preferences in hiring, promotion, university admissions, and government contracting; hiring and promotion preferences in consent decrees; and court-ordered hiring and promotions. It has approved preferences by both public and private bodies, and for both racial-ethnic minorities and women. It has barred only layoffs of white (and presumably male) employees who have more seniority than employees hired …
Associations' Freedom V. Freedom Of Association: Another Look At All-Male Clubs, Neal Devins
Associations' Freedom V. Freedom Of Association: Another Look At All-Male Clubs, Neal Devins
Faculty Publications
No abstract provided.