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Robert Post and Reva Siegel, both of Yale Law School, have posted an article that is an important intervention in the scholarship about "backlash" to landmark Supreme Court rulings, Roe Rage: Democratic Constitutionalism and Backlash. It is forthcoming in the Harvard Civil Rights-Civil Liberties Law Review. Here's the abstract: After decades of assault on the jurisprudence of the Warren

... are joined on the title with anything else (e.g. "and" or no conjunction), the surviving owner(s) has no right of survivorship (tenancy in common). By way of examples, if the title reads: "Mary Roe or John Doe" = joint tenancy "Mary Roe and/or John Doe" = joint tenancy "Mary Roe and John Doe" = tenancy in common "Mary Roe, John Doe" = tenancy in common Sources: "Just the Facts: Family of Deceased", MN Dept. of Public Safety, published April 2009; and other sources.

... on the records release, with information for researchers, below the fold. Prominent case files released so far include Roe v. Wade (1973), protecting abortion rights; Branzburg v. Hayes, (1972), invalidating the use of the First Amendment ... interesting material. This is consistent with other collections, such as Thurgood Marshall's papers. According to the New York Times, the Roe v. Wade file contains "newspaper and magazine clippings, some of them critical, as well as disturbing color photographs ...

... to stress "the solidarity which unites the two peoples both with respect to their security and with respect to their economic and cultural development." ... 1973 (35 years ago today), by a vote of 7 to 2, the U.S. Supreme Court held in Roe v. Wade that the Constitution forbids criminal punishment of any woman who seeks to terminate an early pregnancy, and established a framework for regulation of abortions in later stages of pregnancy. The New York Times wrote then: In a historic resolution of a ...

Yesterday, the Hoover Institution released the papers of the late Chief Justice William H. Rehnquist. The story from the New York Times is here, and the press release from the Institution is here. A finding aid has been made available. Materials released so far include the years 1947-1974, and include files for such high-profile cases as Roe v. Wade, Branzburg v. Hayes, and Furman v. Georgia.

... ideas in "the conservative legal movement." Left out of Teles' account is the role of the religious right, and I suspect that this is the reason that abortion rights play so little role in Teles's description of legal conservatism. Roe v. Wade was not just a case, but also a catalyst for organizing against the Court, enabling fund raising efforts and mass mobilization. Others have criticized Teles for this absence, and Teles, a careful political scientist, has an appropriate response: First, ...

... about how to build political consensus and a viable community. The academic argument that is probably best known came from Mary Ann Glendon over twenty years ago. The political significance and staying power of this argument is ... segments of the legal and medical communities.) It appears that the South was particularly likely not to experience controversy before Roe because, in the South, there was no significant presence of feminist groups challenging restrictive abortion laws. And there was ...

... . Dean Kilpatrick of the Crime Victims Research and Treatment Center at the Medical School of South Carolina. In 1982, Mary Koss, then a professor of psychology at Kent State University in Ohio, published an article on rape in which she expressed ... discoveries they made about the morally indefensible way that public funds for combatting rape are being allocated. Schoenberg and Roe studied Toledo neighborhoods and calculated that women in the poorer areas were nearly thirty times more likely to be ...

... of decreasing crime rates. Levitt's theory is that the Supreme Court's decision in Roe v. Wade, not right-to-carry laws, account for lower crime rates. ... these children would have grown up to become criminals; by upholding abortion rights, Roe averted these unwanted births. One paragraph in Freakonomics discusses Lott's theory ... that handgun opponents view Lott a pro-gun ideologue. The paragraph also mentions the Mary Rosh incident and allegations that Lott invented some of the data that support his ...

... , National Review Online (April 19, 2007) available at [article.nationalreview.com] (arguing that incremental strategy of chipping away at Roe was necessary because Roe "also changed societal sexual and cultural mores in such a way as to make subsequent ... Republican base - the religious right and Republican men. Will this be enough? Every now and then, someone catches the Hail Mary. I'm terrified of the result of a McCain presidency (for my kids - both the girl and the boy variety) and I remember ...