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
- Juvenile Life without Parole: An Antidote to Congress's One-Way Criminal Law Ratchet
- Inadequate Discipline: Challenging Zero Tolerance Policies as Violating State Constitution Education Clauses
- Climate-Induced Community Relocations: Creating an Adaptive Governance Framework Based in Human Rights Doctrine
- 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
In Depth Reading
Volume 35 Issue 1
In the pursuit of sexual justice for women, protections for lesbians and abortions are nonnegotiable.
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
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
Volume 35 Issue 2
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.
Volume 35 Issue 3
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
An analysis of "electoral exceptionalism" and First Amendment review in the context of the electoral process
19th Cenutury corruption law and thinking about money and policites after Citizens United
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
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.