Lessons From Mazibuko: Persistent Inequality And The Commons,
2010
University of Colorado Law School
Lessons From Mazibuko: Persistent Inequality And The Commons, Daria Roithmayr
Publications
No abstract provided.
Exposing The Underground Establishment Clause In The Supreme Court's Abortion Cases,
2010
University of Colorado Law School
Exposing The Underground Establishment Clause In The Supreme Court's Abortion Cases, Justin Murray
Publications
In Roe v. Wade, the Supreme Court held that women have a right to abortion under the Due Process Clause of the Fourteenth Amendment. The Court reasoned toward this conclusion by importing concepts and concerns that are ordinarily associated with the Establishment Clause. This Article is the first attempt to systematically describe, and critically evaluate, the Court's use of Establishment Clause ideas in Roe and later abortion cases.
Some brief background is essential in order to see how the Court wove Establishment Clause themes into the structure of its Due Process analysis. The Due Process Clause prohibits the government …
