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
- Lesbians and Abortion
- The Proper Role of Morality in State Policies on Sexual Orientation and Intimate Relationships
- The Production and Reproduction of Constitutional Norms
Issue 2
featuring
- 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
- Juvenile Life without Parole: An Antidote to Congress's One-Way Criminal Law Ratchet
Issue 3
featuring
- Introduction - Symposium Issue: Money, Politics, and the Constitution: Citizens United
- Nonparticipatory Association and Compelled Political Speech: Consent as a Constitutional Principle in the Wake of Citizens United
- Felix Frankfurter's Revenge: An Accidental Democracy Built by Judges
- Money and Rights
Issue 4
featuring
In Depth Reading
Volume 35 Issue 1
U.S. Ratification of CEDAW: An Opportunity to Radically Reframe the Right to Equality Accorded Women under the U.S. Constitution
However, the enormous gap between CEDAW's (the Convention on the Elimination of All Forms of Discrimination against Women Treaty) vision and the current constitutional reality in the United States underscores why it is so important to take CEDAW ratification seriously
The Proper Role of Morality in State Policies on Sexual Orientation and Intimate Relationships
My goal here is the more modest one of trying to delineate when the State, in the specific context of laws and regulations related to sexual orientation and intimate relationships, may appropriately- by which I mean both constitutionally and as
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
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.
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.
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
Money and Rights
Some rights should be understood to include a penumbral right to give or spend money.
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.
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
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
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