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
- The Proper Role of Morality in State Policies on Sexual Orientation and Intimate Relationships
- Lesbians and Abortion
- U.S. Ratification of CEDAW: An Opportunity to Radically Reframe the Right to Equality Accorded Women under the U.S. Constitution
- Missed Opportunities in McCorvey v. Hill: The Limits of Pro-Choice Lawyering
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
- Electoral Exceptionalism and the First Amendment: A Road Paved with Good Intentions
- The Unenforceable Corrupt Contract: Corruption and Nineteenth Century Contract Law
- Citizens United and Equality Forgotten
Issue 4
featuring
In Depth Reading
Volume 35 Issue 1
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
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
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
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.
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.
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.
Volume 35 Issue 3
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
Money and Rights
Some rights should be understood to include a penumbral right to give or spend money.
The Unenforceable Corrupt Contract: Corruption and Nineteenth Century Contract Law
19th Cenutury corruption law and thinking about money and policites after Citizens United
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.
Volume 35 Issue 4
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
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.