Search for: "Richard Roe"
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11 Sep, 2008 4:31 am
... such as Bull Connor and George Wallace. Miranda v. Arizona (1966), in the face of rapidly rising crime rates, facilitated Richard Nixon's
victory in the 1968 presidential election on a law-and-order platform. Furman v. Georgia (1972), by ... that the Court's decision would render any antiabortion legislation purely
symbolic. Finally, a Court ruling such as Roe may shift the political dynamics of an issue by ensuring that a different set of images/examples
becomes salient. When abortion was largely ...
18 Jan, 2007 3:51 am
... Law Journal, Vol. 51, No. 3, Spring 2007) on SSRN. Here is the abstract: This essay responds to Professor Richard Fallon's 2006 Childress
Lecture at St. Louis University School of Law, If Roe Were Overruled: Abortion and the Constitution in a Post-Roe World. Professor Fallon's paper exposes as fallacies four popular beliefs about the legal landscape after Roe's
end, including the belief that states restricting abortion will and can reach conduct only within their territorial ...
21 Oct, 2008 12:03 pm
... value judgment that should have been left to state legislatures. Comparisons of the two decisions, then, seemed calculated to sting. "The Roe and Heller courts are guilty of the same sins," one of the two appeals court judges, J. Harvie Wilkinson III, wrote in an article to be published in the
spring in The Virginia Law Review. Similarly, Judge Richard A. Posner, in an article in The New Republic in August, wrote that Heller's failure
to allow the political process to work out ...
21 Oct, 2008 6:48 pm
... Court, two prominent federal appeals court judges are lambasting Justice Scalia's majority opinion in District of Columbia v. Heller as the right's version of Roe V. Wade. Scalia, who has said previously that Roe had no basis in ... ." One of the judges, Harvie Wilkinson
III, is publishing an article on the subject in the Virginia Law Review. The other judge, Richard A. Posner, wrote an article for The New
Republic in August on the decision, essentially saying that this was a states' rights issue.
26 Jun, 2007 9:21 pm
Stephen A. Gardbaum (UCLA Law) has posted State and Comparative Constitutional Law Perspectives on a Possible Post-Roe World (St. Louis
University Law Journal, Vol. 51, No. 3) on SSRN. Here is the abstract: This essay comments on Richard Fallon's 2006...
23 Apr, 2007 7:32 am
At Adonis Mirror, Richard Leader has posted a provocative essay about expressions of rape and dominance in the evocation of metaphorical "tops"
and "bottoms" in the mainstream political discourse. It's an interesting if depressing essay, in which ... that "liberal" politicians use reproductive freedom issues to manipulate women
bears further consideration. The fact that 34 years after Roe v. Wade feminists are still having to devote so much time and energy to this
issue demonstrates pretty powerfully ...
10 Jan 9:06 am
I only saw the Rev. Richard John Neuhaus (who died the day before yesterday) speak once, at a conference at Harvard on abortion in late 1994. I
was decidedly out of place at that conference, since I'm a strong defender of abortion rights, ... glad that we are not God. We should be glad that God is God." In front of an audience
that was inured to political defeat - the 20th anniversary of Roe v. Wade had just passed - he aimed to forestall despair, and I thought that
this was a lovely way of putting ...
18 Aug, 2008 4:55 pm
... are especially welcome when there are regional or local differences in relevant conditions or in public opinion. The failure to recognize this point (or perhaps indifference to it)
was the mistake that the Supreme Court made when it nationalized abortion rights in Roe v. Wade. It would be the mistake the Court would be
making in the unlikely event that it created a federal constitutional right of homosexual marriage. It is the mistake the Court has made in Heller.... Heller gives short shrift ...
2 Jul, 2008 6:43 am
... t excluded, John Doe could take the stand and say that Jane Doe told him that the defendant - Richard Roe - who's on trial for murder confessed to the whole thing. That puts Roe in ... place: If the jury believes what
John Doe says - i.e., that Jane Doe heard Roe confess to the murder for which he is on trial - they're almost certainly going to convict ... to
show that she cannot be believed: she's a pathological liar; she hates Roe and wants him to be convicted out of spite; she's insane and
therefore ...
26 Jun 5:30 am
... come as no surprise in the light of previous case law upholding it. See Roe v. Roe, 253 N.J.
Super. 418, 427 (App. Div. 1992 ... and this would be against the public policy of protecting victims. The Crespo opinion, quoting Roe,
concluded "that a standard more demanding than the preponderance standard "would undermine the social ... purposes of the Act."" Roe, supra,
253 N.J. Super. at 428. Given the weight of legal analysis in this opinion, any argument that the New Jersey Prevention of Domestic Violence ...
28 Oct, 2007 10:25 pm
... alienation syndrome - a controversial diagnosis to describe a child who compulsively denigrates one parent in response to consistent brainwashing by the other parent - has become a
not-uncommon theme in custody cases. According to Richard Gardner, the psychologist who is considered the father of the syndrome, it typically
manifests itself as a campaign of denigration by one parent against the other, which is accompanied by weak, frivolous and absurd rationalizations for the deprecation. As a ...
13 Nov, 2007 3:56 pm
... in the reek of chloride of lime and the dead, they picked out the pine box that held all that was left of enie menie minie moe plenty of other pine boxes stacked up there containing
what they'd scraped up of Richard Roe and other person or persons unknown. Only one can go. How did
they pick John Doe? . . . how can you tell a guy's a hundredpercent when all you've got's a gunnysack full of bones, bronze buttons stamped with ...
22 Dec, 2008 4:41 am
... of the constitutional right to choose an abortion as part of the Harvard Law Review's Developments issue on the constitutionalization of rights loosely affiliated with the family
and taught the case on innumerable occasions, I have never found any of the various defenses of Roe v. Wade very convincing. But that's not
pertinent here. It is the law and there is a rather broad constitutional right to choose to have an abortion in the United States. But that does not, it seems to me, imply that the ...
10 Jun 11:30 am
... to know why they can't have a 50-50 time split with their children. Staff at the centres say a "pub law" belief about a father's right to a 50-50 time split has taken hold in the
community. But retired Family Court judge Richard Chisholm says the shared parenting laws, introduced in 2006 and now under review, never
guaranteed anybody a 50-50 time split. In a paper titled Shared Care and Children's Best Interests at the Legal Aid NSW family law conference, Professor Chisholm said there was "a ...
15 Oct, 2008 9:04 am
... Goldwater castigated many of those decisions and promised to appoint "strict constructionist" judges, as did the Republican nominee Richard
M. Nixon and the American Independent candidate George C. Wallace in 1968. In contrast with the Court ... is the only issue about which the prospect of Supreme Court appointments is
likely to influence significant numbers of voters. Roe's pre-eminence in political discussions of about the Court was underscored again during
the third debate, when both McCain and ...
16 Aug, 2006 5:56 am
... Ahdieh. 7 - 8 (62) Intellectual Capital Reporting: A User Perspective by Suresh Cuganesan, Richard Petty & Nigel Finch. 8 - NR (57) Did
Adoption of Forward-Looking ... Corporate Ballot by Lucian Arye Bebchuk, Allen Ferrell, Reinier Kraakman, Mark J. Roe & Guhan Subramanian.
10 - NR (39) Ethics and Corruption in Business and Government: Lessons from the South Sea Bubble and the Bank of the United States by Richard
W. Painter. Top 10 most-downloaded corporate governance law papers announced ...
23 Jul, 2007 5:57 am
... St. Louis University Law Journal, Vol. 51, 2007) on SSRN. Here is the abstract: This Essay is a response to Professor Richard Fallon's
article, "If Roe Were Overruled: Abortion and the Constitution in a Post-Roe World." In that ... more
implicate structural constitutional concerns that transcend the perceived worth of particular regulatory outcomes. Thus, whether post-Roe the
Court would remain involved in resolving the legitimacy of governmental interests in regulating abortion may depend on what ...
24 Sep, 2008 6:48 am
... York Times' op-ed page last Friday Senator Hillary Clinton and Planned Parenthood President Cecile Richards describe the harm that would result from the Bush administration's
proposed regulations to govern family planning providers. The ... in the courts. I long have believed that formulations that focus only on whether the Court will expressly overrule
Roe are dangerously misguided. To the extent, however, this is one legitimate question, I am amazed at the confidence with which some
commentators ...
22 Oct, 2008 8:23 am
First it was 7th Circuit Judge Richard Posner, whose New Republic article challenged the legitimacy of the majority decision in D.C. v. Heller.
Now, Adam Liptak ... He assumed, as most experts do, that the decision would apply to the states. "In both Roe and Heller," Judge Wilkinson
wrote, "the court claimed to find in the Constitution the authority ... face, whether in conservative or judicial circles, then comparing a decision's reasoning to Roe v. Wade. Why not just ridicule his mother at the same time ...
4 Feb 7:08 am
... its new citation analysis tool, ScholarCheck, which tracks citations to the over one million articles in the Law Journal Library. In the fifty most-cited list, Richard A. Posner wins the title of top cited author, cited 12,586 times in 251 articles. Using the tool to look at scholarly treatment of Roe v. Wade, 410 U.S. 113 (1973) , revealed that the case had been cited by 15991 articles in the Law Journal Library, and that ...
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