Lesbians and Abortion
In the pursuit of sexual justice for women, protections for lesbians and abortions are nonnegotiable.
The Review: Volume 35
Preview
Issue 1
featuring
Issue 2
featuring
- 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
- Inadequate Discipline: Challenging Zero Tolerance Policies as Violating State Constitution Education Clauses
Issue 3
featuring
- Nonparticipatory Association and Compelled Political Speech: Consent as a Constitutional Principle in the Wake of Citizens United
- Money and Rights
- The Unenforceable Corrupt Contract: Corruption and Nineteenth Century Contract Law
- Introduction - Symposium Issue: Money, Politics, and the Constitution: Citizens United
Issue 4
featuring
In Depth Reading
Volume 35 Issue 1
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.
Is the Right to Health a Necessary Precondition for Gender Equality
Defining pregnancy and abortion as medical issues does not concede one shred of the privacy or decision-making arguments supporting a right to abortion; it simply helps to explain, more accurately, exactly what is at stake in a woman's decision to
The Production and Reproduction of Constitutional Norms
Carhart offers a myriad of lessons about the role of courts in democracy, the evocative power of constitutional claims, the relevance of texts and precedents to constitutional judgments, the effects of national and transnational movements, and the autonomy of women,
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
Felix Frankfurter's Revenge: An Accidental Democracy Built by Judges
When Bush v. Gore and Citizens United are viewed through a democracy-sensitive lens, they emerge as judicially-imposed democratic disasters.
The Unenforceable Corrupt Contract: Corruption and Nineteenth Century Contract Law
19th Cenutury corruption law and thinking about money and policites after Citizens United
Money and Rights
Some rights should be understood to include a penumbral right to give or spend money.
Introduction - Symposium Issue: Money, Politics, and the Constitution: Citizens United
These articles reveal Citizens United's silver lining: Even though many of us vehemently object to its logic and holding, Citizens United has forced a new phase in our country's continuous march to improve our democracy. This volume represents the first
Volume 35 Issue 4
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.
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.
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