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Fordham Urban Law Journal articles from March 2004
A bimonthly legal book published by the law school at Fordham University. Each issue focuses on a single topic, and publishes original research, critical pieces, and long-form essays related to that topic.
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Fordham Urban Law Journal archives from March 2004
How much protection do injunctions against enforcement of allegedly unconstitutional statutes provide?
March 1, 2004... INTRODUCTION
The federal "Partial Birth Abortion Ban Act of 2003" ("the Act") authorizes fines and/or jail terms of up to two years for any doctor who performs a so-called "partial birth abortion"--a procedure Congress tried to define in...
Winter count: taking stock of abortion rights after Casey and Carhart.
March 1, 2004... In 1973, the United States Supreme Court decided Roe v. Wade, (1) the landmark case that established the right to abortion as a fundamental constitutional right. The Court faced its first real opportunity to reverse that monumental decision a...
What Lawrence v. Texas says about the history and future of reproductive rights.
March 1, 2004... On the final day of its term this June, the U.S. Supreme Court handed down its long-awaited decision in Lawrence v. Texas, a case challenging a Texas law criminalizing consensual sex between gay adults. (1) Writing for the Court, Justice...
Saving Roe is not enough: when religion controls healthcare.
March 1, 2004... INTRODUCTION
Gilroy, California, is a small town about thirty-three miles south of San Jose--the heart of Silicon Valley. (1) Gilroy historically has been an agricultural community. It has the highest rates of poverty and teen pregnancy in...
Econometric analyses of U.S. abortion policy: a critical review.
March 1, 2004... INTRODUCTION
Few social issues in the United States are as contentious as the legal status of induced abortion. Thirty years after the Supreme Court declared state laws restricting abortion unconstitutional in Roe v. Wade, (1) poll results...
The abortion debate thirty years later: from choice to coercion.
March 1, 2004... For more than thirty years, supporters of legalized abortion have publicly advocated for the practice as a matter of "choice." (1) Initially, these advocates argued for a "right to choose" to be free from governmental interference in the...
Casey and its impact on abortion regulation.
March 1, 2004... This year marks two important anniversaries. Roe v. Wade (1) is thirty-one years old. Planned Parenthood v. Casey (2) just turned twelve. Casey is less of a household name than Roe. But in some ways, Casey is more important because it changed...
Lethal experimentation on human beings: Roe's effect on bioethics.
March 1, 2004... INTRODUCTION
In Roe v. Wade, (1) the Supreme Court of the United States recognized a right under the federal constitution for a woman to terminate a pregnancy. (2) The Court held that a "fetus" was not a "person" for purposes of...