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.
- Climate-Induced Community Relocations: Creating an Adaptive Governance Framework Based in Human Rights Doctrine
- 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
In Depth Reading
Volume 35 Issue 1
The right to abortion is weaker when it comes through a right to privacy (as in the US) than through the right to health (as in international law).
While some presume that judicial review displaces democratic process, Roe and Carhart illustrate that judicial review can enhance it.
Volume 35 Issue 2
School zero tolerance policies should be challenged with education clauses from state constitutions, rather than with the federal constitution.
While the politics of criminal law generally result in a one-way ratchet toward harsher policies, the effort to ban JLWOP highlights an alternative path.
The scale of climate-induced relocation requires the creation of a governance structure that recognizes the human rights of climate regfugees.
Volume 35 Issue 3
An analysis of the question "when do constitutionally protected rights give rise to an attendant right to give or spend money to effectuate them?"
An analysis of "electoral exceptionalism" and First Amendment review in the context of the electoral process
A post-citizens Citizens United exploration of nonparticipatory association, compelled speech and consent as a constitutional principle.
19th Cenutury corruption law and thinking about money and policites after Citizens United
Volume 35 Issue 4
Elected judges tie their state constitutional standards to the federal consitution more than unelected judges. Suggests pursuing judicial election reform.
Congress should create a no-fault compensation scheme for drugs and medical devices to counter Supreme Court doctrine on agency preemption
The Convention Against Torture should be interpreted to require a knowledge mens rea on the part of governmental actors.