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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,
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
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
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.
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.
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.
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.
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
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
When Bush v. Gore and Citizens United are viewed through a democracy-sensitive lens, they emerge as judicially-imposed democratic disasters.
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
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.
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.