Losing the Negative Right of Privacy: Building Sexual and Reproductive Freedom
Sexual and reproductive freedoms are negative privacy rights that the law should protect from encroachment.
The Review: Volume 18
Preview
Issue 1
featuring
- Limiting the Right to a Bias-Free Workplace: A Survey of the Employment Discrimination Decisions of the 1988-89 Term
- Losing the Negative Right of Privacy: Building Sexual and Reproductive Freedom
- The Supreme Court and Daily Life: Who Will the Court Protect in the 1990s--Introduction
- Racism and Retrenchment in Capital Sentencing: Judicial and Congressional Haste toward the Ultimate Injustice
Issue 2
featuring
- The Decline of Executive Clemency in Capital Cases
- Suspending Justice: The Unconstitutionality of the Proposed Six-Month Time Limit on the Filing of Habeas Corpus Petitions by State Death Row Inmates
- Innocence, Federalism, and the Capital Jury: Two Legislative Proposals for Evaluating Post-Trial Evidence of Innocence in Death Penalty Cases
- Death Penalty Opinion in the Post-Furman Years
Issue 3
featuring
- The Execution of the Innocent: The Tragedy of the Hauptmann-Lindbergh and Bigelow Cases
- Book Annotations
- Is Racism Irrelevant? Or Should the Fairness in Death Sentencing Act Be Enacted to Substantially Diminish Racial Discrimination in Capital Sentencing?
- Inevitable Error: Wrongful New York State Homicide Convictions, 1965-1988
Issue 4
featuring
- Classical Nostalgia: Racism, Contract Ideology, and Formalist Legal Reasoning in Patterson v. McLean Credit Union
- Woman Behind the Blindfold: Toward a Feminist Reconstruction of Rawls' Theory of Justice, The
- Mending the Safety Net's Safety Net: The Federal Courts Study Committee's Proposals for Reforming the Social Security Disability Benefits Review Process
- A Family Like any Other Family: Alternative Methods of Defining Family in Law
In Depth Reading
Volume 18 Issue 1
Reclaiming a Public Resource: The Constitutionality of Requiring Broadcasters to Provide Free Television Advertising Time to Candidates for Federal Office
Analyzing constitutional validity of requiring broadcasters to provide free advertising time to political candidates.
Contractarians and Feminists Debate Prostitution
Comparing and contrasting Contractarian and Feminist arguments regarding the validity of legal prostituion.
Introduction
The papers which follow grew out of a one-day conference entitled “The Supreme Court and Daily Life: Who Will the Court Protect in the 1990’s?” which was held on October 21, 1989. This event, co-sponsored by The Nation Institute and The
Volume 18 Issue 2
Habeas Corpus as a Safety Valve for Innocence
Examination of if Teague and its exceptions continue to protect the innocent defendant as do the rules pertaining to abuse of the writ and procedural default.
The Decline of Executive Clemency in Capital Cases
Examination of the declining use of executive clemency in capital cases.
Prosecutors' Closing Arguments at the Penalty Trial
Examines parameters within which defense counsel can argue that a prosecutor's closing statement establishes grounds for reversing a death sentence.
Challenging the Death Penalty: Foreword
Overview of reasons for choosing the death penalty as the subject of the colloquium.
Volume 18 Issue 3
Book Annotations
Annotations of: FACING THE DEATH PENALTY: ESSAYS ON A CRUEL AND UNUSUAL PUNISHMENT. Edited by Michael L. Radelet. Philadelphia: Temple University Press, 1989; THE DEATH PENALTY: A WORLD-WIDE PERSPECTIVE: A REPORT TO THE UNITED NATIONS COMMITTEE ON CRIME PREVENTION AND
On Metaphors, Mirrors, and Murders: Theodore Bundy and the Rule of Law
Article discusses the Ted Bundy case and debunks myths about Ted Budy receiving super due process and his attorneys caused delays in executing his sentence.
The Execution of the Innocent: The Tragedy of the Hauptmann-Lindbergh and Bigelow Cases
Looking at Hauptmann and Bigelow capital punishment cases to explore how our system is still fallible and how innocents can be sentenced to death.
Ambivalence in State Capital Punishment Policy: An Empirical Sounding
High number of those given death penalty not many executed, reflecting state uncertainty around death penalty; looking at data to support this conclusion.
Volume 18 Issue 4
Classical Nostalgia: Racism, Contract Ideology, and Formalist Legal Reasoning in Patterson v. McLean Credit Union
Discussion of the intersection of race and contract theory/contract formalism.
Woman Behind the Blindfold: Toward a Feminist Reconstruction of Rawls' Theory of Justice, The
Examining Rawls' theory of justice through a feminist lens, and particularly how it fails to deal with sexism in a sexual/marital contract between men & women.
Tax Glasnost for Millionaires: Peeking behind the Veil of Ignorance along the Publicity-Privacy Continuum
Discussion of if current law impedes forming public policy around the ability of the wealthy to pay higher taxes by allowing secrecy around income tax returns.
A Family Like any Other Family: Alternative Methods of Defining Family in Law
Discussion around the idea of family as kin and more modern conceptions of family and how it has become strongly politicized.