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Before Roe v. Wade: Voices that Shaped the Abortion Debate Before the Supreme Court's Ruling
We post here a new edition of our book, a documentary history of the debate over abortion that took place during the decade before the Supreme Court rendered its decision in Roe v. Wade. First
Equality Talk: Antisubordination and Anticlassification Values in Constitutional Struggles Over Brown
When Brown v. Board of EducationI prohibited racial segregation in public education, it inaugurated a great debate about equal citizenship and federalism that spanned the second half of the twentieth
"The Rule of Love": Wife Beating as Prerogative and Privacy
III. THE DISCOURSE OF AFFECTIVE PRIVACY IN DOMESTIC ASSAULT LAW .................................... 2150 A. Marital Violence and Marital Privacy in the Criminal Law ...............................
The Right's Reasons: Constitutional Conflict and the Spread of Woman-Protective Antiabortion Argument
TLDR
Social movement mobilization, conflict, and coalition each played a role in the evolution and spread of the woman-protective antiabortion argument, in the process forging new and distinctly modern ways to talk about the right to life and the role morality of motherhood in the therapeutic, public health, and political rights idiom of late twentieth-century America.
Reasoning from the body: a historical perspective on abortion regulation and questions of equal protection.
TLDR
Current doctrine lacks the critical capacity to discern gender bias in reproductive regulation, and regulation directed at women's role in reproduction demands exacting scrutiny to ensure it does not reflect or enforce traditional gender role assumptions.
Why Equal Protection No Longer Protects: The Evolving Forms of Status-Enforcing State Action
In this essay, Professor Siegel examines efforts to reform racial and gender status law in the nineteenth century in order to raise questions about the ways antidiscrimination law operates today. The
The American Civil Rights Tradition: Anticlassification or Antisubordination
A fairly standard story about the development of antidiscrimination jurisprudence argues that, during the 1970s, the United States Supreme Court decisively rejected the views of Owen Fiss and other
Roe Rage: Democratic Constitutionalism and Backlash
After decades of assault on the jurisprudence of the Warren Court, many progressive legal scholars have lost faith in judicial enforcement of constitutional rights. Some have responded by embracing
Before (and After) Roe v. Wade: New Questions About Backlash
Today, many Americans blame polarizing conflict over abortion on the Supreme Court. If only the Court had stayed its hand or decided Roe v. Wade on narrower grounds, they argue, the nation would have
Dignity and the Politics of Protection: Abortion Restrictions Under Casey/Carhart
This essay on the law and politics of abortion analyzes the constitutional principles governing new challenges to Roe. The essay situates the Court's recent decision in Gonzales v. Carhart in debates
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