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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
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
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
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
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.
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.
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.
19th Cenutury corruption law and thinking about money and policites after Citizens United
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.
Some rights should be understood to include a penumbral right to give or spend money.
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
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.
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
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.