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14 Dec 2022, 4:39 am by Lawrence Solum
Glenn Cohen (Harvard Law School) has posted Reproductive Technologies and Embryo Destruction After Dobbs (ROE V. [read post]
16 Nov 2022, 9:06 pm by Katelynn Catalano
The central holdings of Roe and Casey established that state governments must meet a heightened legal standard to regulate abortion before fetal viability. [read post]
16 Nov 2022, 9:06 pm by Katelynn Catalano
The central holdings of Roe and Casey established that state governments must meet a heightened legal standard to regulate abortion before fetal viability. [read post]
12 Nov 2022, 7:54 pm by Howard Bashman
The YouTube page for each session contains information on the participants on each panel that will appear if you click “Show more”: “Showcase Panel III: Lawyers, the Adversarial System, and Social Justice“; “The Judge’s Role in Choosing a Successor“; “Special Session I: Dobbs, Roe, Casey, and the Rule of Law“; “Special Session II: Second Amendment: Aftermath of Bruen; What’s Next at the State Level? [read post]
8 Nov 2022, 1:15 am by Aaron Moss
The principle that characters which evolve over time don’t enter the public domain all at once was established by the 2014 opinion in Klinger v. [read post]
1 Nov 2022, 6:45 am by Lawrence Solum
By contrast, the Dobbs majority rejected the undue burden standard that had emerged from Casey and concluded that, henceforth, state laws that restricted abortion rights would be subject only to the traditional rational basis test. [read post]
28 Oct 2022, 6:30 am by Guest Blogger
  Established in Casey v Planned Parenthood, the standard held that if a legal regulation has the purpose or effect of placing a substantial obstacle in the path of a woman seeking a previable abortion it is unconstitutional. [read post]
25 Oct 2022, 6:30 am by Guest Blogger
              The debate in many ways goes back to Justice Holmes’s typically cryptic dissenting opinion in Lochner v. [read post]