Missed Opportunities in McCorvey v. Hill: The Limits of Pro-Choice Lawyering
McCorvey revealed a central feature of the anti-choice strategy: the claim that abortion harms women. To combat this, we need to think less like lawyers.
The Review: Volume 35
Preview
Issue 1
featuring
- U.S. Ratification of CEDAW: An Opportunity to Radically Reframe the Right to Equality Accorded Women under the U.S. Constitution
- Is the Right to Health a Necessary Precondition for Gender Equality
- Cloning and the LGBTI Family: Cautious Optimism
- Religious Perspectives on the Abortion Decision: The Sacredness of Women's Lives, Morality and Values, and Social Justice
Issue 2
featuring
- Inadequate Discipline: Challenging Zero Tolerance Policies as Violating State Constitution Education Clauses
- Juvenile Life without Parole: An Antidote to Congress's One-Way Criminal Law Ratchet
- Climate-Induced Community Relocations: Creating an Adaptive Governance Framework Based in Human Rights Doctrine
Issue 3
featuring
- Electoral Exceptionalism and the First Amendment: A Road Paved with Good Intentions
- Felix Frankfurter's Revenge: An Accidental Democracy Built by Judges
- Citizens United and Equality Forgotten
- Nonparticipatory Association and Compelled Political Speech: Consent as a Constitutional Principle in the Wake of Citizens United
Issue 4
featuring
In Depth Reading
Volume 35 Issue 1
Lesbians and Abortion
In the pursuit of sexual justice for women, protections for lesbians and abortions are nonnegotiable.
Cloning and the LGBTI Family: Cautious Optimism
In this article, I argue that, because reproductive cloning may offer the LGBTI community the chance to have genetically-related children, bans on federally funded research that would help refine and ensure the safety and efficacy of these procedures unconstitutionally deny
Religious Perspectives on the Abortion Decision: The Sacredness of Women's Lives, Morality and Values, and Social Justice
As a society, we can have a greater appreciation of the need for resources and services that help individuals deal with reproductive issues if we consider the abortion decision in a holistic context, closely related to all other aspects of
Volume 35 Issue 2
Inadequate Discipline: Challenging Zero Tolerance Policies as Violating State Constitution Education Clauses
Given the crucial importance of education for succeeding in modern society, students should not, in the name of school discipline, be unnecessarily denied the opportunity to receive an adequate education.
Juvenile Life without Parole: An Antidote to Congress's One-Way Criminal Law Ratchet
No matter the circumstances of the crime, no matter the public's general punitiveness, no matter the normal political process, no matter traditional federalism concerns, no matter our obligations under international law, kids are just different.
Climate-Induced Community Relocations: Creating an Adaptive Governance Framework Based in Human Rights Doctrine
The United States should lead the effort to respond to climate-induced community relocations and implement legislation to provide governance tools and resources so that communities forced to relocate due to rapid and radical climate change can be resilient.
Volume 35 Issue 3
The Unenforceable Corrupt Contract: Corruption and Nineteenth Century Contract Law
19th Cenutury corruption law and thinking about money and policites after Citizens United
Electoral Exceptionalism and the First Amendment: A Road Paved with Good Intentions
An analysis of "electoral exceptionalism" and First Amendment review in the context of the electoral process
Nonparticipatory Association and Compelled Political Speech: Consent as a Constitutional Principle in the Wake of Citizens United
Citizens United is thus an important case in the jurisprudence of association. Members and shareholders will now find that the money they contributed to, or invested in, an organization is being used to finance political speech with which they may
Citizens United and Equality Forgotten
Citizens United is simply the culmination of the Court's narrow view of campaign finance, elevating individual speech rights and extending them to corporation sand unions at the expense of the broad, egalitarian conception of the American republic.
Volume 35 Issue 4
Study in Unaccountability: Judicial Elections and Dependent State Constitution Interpretations
Electing judges, then, produces an unintended result: it makes a state court more likely to turn a state constitutional question, which should be decided by the state court, into a federal constitutional question to be decided by the United StatesSupreme
Torturous Intent: Refoulment of Haitian National and U.S. Obligations under the Convention against Torture
In a democratic society that prides itself on liberty and human dignity, we should not settle for a definition that draws a line that allows the affront on personhood at work in Haitian prisons.
Bad Medicine: Prescription Drugs, Preemption, and the Potential for a No-Fault Fix
If constructed well, a no-fault scheme could replicate many of the positive aspects of tort law. Congress should seize this unique opportunity to preserve the beneficial effects of tort law and protect the health and safety of Americans.