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.
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.
Other Issues in this Volume
- Is the Right to Health a Necessary Precondition for Gender Equality
- 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
- The Proper Role of Morality in State Policies on Sexual Orientation and Intimate Relationships
- 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