The Freedom Of Health,
2011
Cleveland State University College of Law
The Freedom Of Health, Abigail R. Moncrieff
Law Faculty Articles and Essays
This Article first draws out the freedom of health from Supreme Court precedent and demonstrates that, like other substantive constitutional rights, the freedom of health is a negative liberty that must be balanced against legitimate and compelling regulatory projects. The Article then applies that understanding of the freedom to evaluate some proposed and actual health care regulations that have made headline news in the last decade. I consider the constitutionality of the phantom death panels, the HlNl vaccine distribution program, the FDA's restrictions on access to experimental drugs, PPACA's obesity and smoking regulations, and, of course, PPACA's individual mandate. Should …
Mcdonald's Other Right,
2011
Florida State University College of Law
Mcdonald's Other Right, Samuel L. Wiseman
Scholarly Publications
No abstract provided.
The Politics Of Free Exercise After Employment Division V. Smith: Same-Sex Marriage, The "War On Terror," And Religious Freedom,
2011
University of Virginia School of Law
The Politics Of Free Exercise After Employment Division V. Smith: Same-Sex Marriage, The "War On Terror," And Religious Freedom, Richard Schragger
Cardozo Law Review
No abstract provided.
The Original Public Understanding Of Privileges Or Immunities,
2011
Brigham Young University Law School
The Original Public Understanding Of Privileges Or Immunities, James J. Ward
BYU Law Review
No abstract provided.
The Last Common Law Justice: The Personal Jurisdiction Jurisprudence Of Justice John Paul Stevens,
2011
Touro Law Center
The Last Common Law Justice: The Personal Jurisdiction Jurisprudence Of Justice John Paul Stevens, Rodger D. Citron
Scholarly Works
No abstract provided.
The Death Of The Fourteenth Amendment: Castle Rock And Its Progeny,
2011
William & Mary Law School
The Death Of The Fourteenth Amendment: Castle Rock And Its Progeny, G. Kristian Miccio
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Tango Or More - From California's Lesson 9 To The Constitutionality Of A Gay-Friendly Curriculum In Public Elementary Schools,
2011
Boston College Law School
Tango Or More - From California's Lesson 9 To The Constitutionality Of A Gay-Friendly Curriculum In Public Elementary Schools, Amy Lai
Michigan Journal of Gender & Law
In August 2009, a group of parents in California filed a lawsuit, Balde v. Alameda Unified School District, in the Superior Court of California, County of Alameda. They alleged that the Alameda Unified School District refused them the right to excuse their children from a new curriculum, Lesson 9, that would teach public elementary school children about gay, lesbian, bisexual and transgender (GLBT) families. The proposed curriculum included short sessions about GLBT people, incorporated into more general lessons about family and health, once a year from kindergarten through fifth grade. Kindergarteners would learn the harms of teasing, while fifth graders …
Debate On Birthright Citizenship,
2011
Chapman University Fowler School of Law
Debate On Birthright Citizenship, John Eastman Dr., Ediberto Román
Faculty Publications
The following is the transcript from a debate between Dr. John Eastman and Professor Ediberto Roman, and moderated by Dean of the Florida International University College of Law, Alex Acosta. This debate took place on February 24-25, 2011 as a part of the FIU Law Review's Symposium on immigration reform in the United States. Specifically, this debate centers on the Fourteenth Amendment and birthright citizenship. Both Dr. Eastman and Professor Romdn were given ten minutes for their own remarks, beginning with Dr. Eastman. After the opening remarks, the debate goes into a brief back-and-forth between Dr. Eastman and Professor Roman …
Amending The Prison Litigation Reform Act: Imposing Financial Burdens On Prisoners Over Tax Payers, 44 J. Marshall L. Rev. 1061 (2011),
2011
UIC School of Law
Amending The Prison Litigation Reform Act: Imposing Financial Burdens On Prisoners Over Tax Payers, 44 J. Marshall L. Rev. 1061 (2011), Mallory Yontz
UIC Law Review
No abstract provided.
Zero Tolerance: A Proper Definition, 44 J. Marshall L. Rev. 1107 (2011),
2011
UIC School of Law
Zero Tolerance: A Proper Definition, 44 J. Marshall L. Rev. 1107 (2011), Peter Follenweider
UIC Law Review
No abstract provided.
The Constitutional Right Not To Participate In Abortions: Roe, Casey, And The Fourteenth Amendment Rights Of Healthcare Providers,
2011
The Catholic University of America, Columbus School of Law
The Constitutional Right Not To Participate In Abortions: Roe, Casey, And The Fourteenth Amendment Rights Of Healthcare Providers, Mark L. Rienzi
Scholarly Articles
The Fourteenth Amendment rights of various parties in the abortion context – the pregnant woman, the fetus, the fetus’ father, the state – have been discussed at length by commentators and the courts. Surprisingly, the Fourteenth Amendment rights of the healthcare provider asked to provide the abortion have not. Roe and Casey establish a pregnant woman’s Fourteenth Amendment right to decide for herself whether to have an abortion. Do those same precedents also protect her doctor’s right to decide whether to participate in abortion procedures?
The Court’s substantive due process analysis typically looks for rights that are “deeply rooted” in …
Regulating Morality Through The Common Law And Exclusionary Zoning,
2011
The Catholic University of America, Columbus School of Law
Regulating Morality Through The Common Law And Exclusionary Zoning, George P. Smith Ii, Gregory P. Bailey
Scholarly Articles
The extent to which a free society seeks to regulate sexual expression is problematic. What was defined as immoral or contra bonos mores in the 20th century, has become less of an issue in today’s liberal society. Freedom of sexual intimacy and expression are, to be sure, 1st Amendment and 14th Amendment rights. But, with every assertion of a fundamental right or liberty must come a concomitant understanding that there is a co-ordinate responsibility to exercise that right reasonably. Determining the reasonableness of any conduct grounded in these two amendments must be fact sensitive and guided by community standards. Broad, …
The Thirteenth Amendment, Interest Convergence, And The Badges And Incidents Of Slavery,
2011
University of Maryland Francis King Carey School of Law
The Thirteenth Amendment, Interest Convergence, And The Badges And Incidents Of Slavery, William M. Carter Jr.
Maryland Law Review
No abstract provided.
Congressional Authority To Interpret The Thirteenth Amendment: A Response To Professor Tsesis,
2011
University of Maryland Francis King Carey School of Law
Congressional Authority To Interpret The Thirteenth Amendment: A Response To Professor Tsesis, Jennifer Mason Mcaward
Maryland Law Review
No abstract provided.
Involuntary Servitude, Public Accommodations Laws, And The Legacy Of Heart Of Atlanta Motel, Inc. V. United States,
2011
Boston University School of Law
Involuntary Servitude, Public Accommodations Laws, And The Legacy Of Heart Of Atlanta Motel, Inc. V. United States, Linda C. Mcclain
Maryland Law Review
No abstract provided.
Constitutional Politics, Constitutional Law, And The Thirteenth Amendment,
2011
University of Maryland Francis King Carey School of Law
Constitutional Politics, Constitutional Law, And The Thirteenth Amendment, Michael Les Benedict
Maryland Law Review
No abstract provided.
Beyond Originalism: Conservative Declarationism And Constitutional Redemption,
2011
University of Maryland Francis King Carey School of Law
Beyond Originalism: Conservative Declarationism And Constitutional Redemption, Ken I. Kersch
Maryland Law Review
No abstract provided.
Symposium - The Maryland Constitutional Law Schmooze - Foreword: Plus Or Minus One: The Thirteenth And Fourteenth Amendments,
2011
University of Maryland Francis King Carey School of Law
Symposium - The Maryland Constitutional Law Schmooze - Foreword: Plus Or Minus One: The Thirteenth And Fourteenth Amendments, Mark A. Graber
Maryland Law Review
No abstract provided.
Congressional Authority To Interpret The Thirteenth Amendment,
2011
University of Maryland Francis King Carey School of Law
Congressional Authority To Interpret The Thirteenth Amendment, Alexander Tsesis
Maryland Law Review
No abstract provided.
What’S Different About The Thirteenth Amendment, And Why Does It Matter?,
2011
University of Maryland Francis King Carey School of Law
What’S Different About The Thirteenth Amendment, And Why Does It Matter?, James Gray Pope
Maryland Law Review
No abstract provided.
