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
- Reclaiming a Public Resource: The Constitutionality of Requiring Broadcasters to Provide Free Television Advertising Time to Candidates for Federal Office
- Throwing the Book at Revelations: First Amendment Implications of Enforcing Reporters' Promises
- The Bill of Rights--Can It Survive?
- Limiting the Right to a Bias-Free Workplace: A Survey of the Employment Discrimination Decisions of the 1988-89 Term
Issue 2
featuring
- Chipping Away at the Great Writ: Will Death Sentenced Federal Habeas Corpus Petitioners Be Able to Seek and Utilize Changes in the Law
- Innocence, Federalism, and the Capital Jury: Two Legislative Proposals for Evaluating Post-Trial Evidence of Innocence in Death Penalty Cases
- Prosecutors' Closing Arguments at the Penalty Trial
- Foreword
Issue 3
featuring
- Inevitable Error: Wrongful New York State Homicide Convictions, 1965-1988
- Prosecutorial and Jury Decision-Making in Post-Furman Texas Capital Cases
- Ambivalence in State Capital Punishment Policy: An Empirical Sounding
- Is Racism Irrelevant? Or Should the Fairness in Death Sentencing Act Be Enacted to Substantially Diminish Racial Discrimination in Capital Sentencing?
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
- Tax Glasnost for Millionaires: Peeking behind the Veil of Ignorance along the Publicity-Privacy Continuum
In Depth Reading
Volume 18 Issue 1
Throwing the Book at Revelations: First Amendment Implications of Enforcing Reporters' Promises
Argues that protections erected by the Supreme Court shielding the press from defamation actions should be imported to the contract setting.
The Bill of Rights--Can It Survive?
The Supreme Court's decisions last term have eroded the protections afforded in the Bill of Rights, and looking forward it seems the trend will continue.
Affirmative Action: Unresolved Questions Amidst a Changing Judiciary
Examination of increasing challenges to affirmative action in the context of an increasingly conservative judiciary.
Volume 18 Issue 2
Book Annotations
Annotations of: DEATH WORK: A STUDY OF THE MODERN EXECUTION PROCESS. By Robert Johnson. Pacific Grove, California: Brooks/Cole Publishing Co., 1990; DEATH & DISCRIMINATION: RACIAL DISPARITIES IN CAPITAL SENTENCING. By Samuel R. Gross and Robert Mauro. Boston, Massachusetts: North-eastern University
Challenging the Death Penalty: Foreword
Overview of reasons for choosing the death penalty as the subject of the colloquium.
Understanding Teague v. Lane
Discussion of the Teague v. Lane's new rule on retroactivity in criminal cases and its effect on past criminal 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.
Volume 18 Issue 3
Prosecutorial and Jury Decision-Making in Post-Furman Texas Capital Cases
Data shows decisions to charge and sentence defendants to death are not based on legally relevant factors; explores relevancy of factors in Texas cases.
Is Racism Irrelevant? Or Should the Fairness in Death Sentencing Act Be Enacted to Substantially Diminish Racial Discrimination in Capital Sentencing?
Effects of implementing FIDSA and how it can be used to combat racism in death sentencing cases.
Inevitable Error: Wrongful New York State Homicide Convictions, 1965-1988
A cataloguing of wrongful convictions in NY over a 20 year period, supporting position that NY should not reenact death penalty.
More Than Slightly Retro: The Rehnquist Court's Rout of Habeas Corpus Jurisdiction in Teague v. Lane
Impact of Teague's limits on habeas corpus jurisdiction and the Teague nonretroactivity doctrine.
Volume 18 Issue 4
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.
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.
Mending the Safety Net's Safety Net: The Federal Courts Study Committee's Proposals for Reforming the Social Security Disability Benefits Review Process
Analyzing the social security review system which is subject to political influences and conflicting law, and suggesting reforms.
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.