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Table of Contents Introduction I. Background A. Substantive Due Process as the Basis for a Federal Right to Abortion 1. Harms of the public-private distinction B. The Abortion Right Reimagined [...], Long before the abortion right fell, many people lacked meaningful access to reproductive care. Now, state high courts have an opportunity to revisit their constitutional guarantees with vigor and creativity. Instead of mirroring the Supreme Court's pre-Dobbs conception of the abortion right, these courts can identify a new abortion right--one based on express guarantees of gender equality, which, though absent in the federal Constitution, lies untapped in many state constitutions in the form of an equal rights amendment (ERA). Drawing on feminist legal scholarship, this Comment first demonstrates the shortcomings of substantive due process--the Court's former approach to the abortion question--and argues for a state constitutional right to abortion based on feminist principles. Next, this Comment analyzes pre-Dobbs cases in which states used their ERAs to address abortion questions, before offering a proposal for the interpretation of these amendments. The proposed rule proscribes any law that creates or reifies social inequality based on childbearing capacity.

This panel was convened at 3:30 p.m. on Thursday, April 7, 2022, by its moderator, Kate Ferguson of Protection Approaches, who introduced the panelists: Jean Freedburg of the Human Rights [...]

Abstract John Rawls, being one of the most important political philosophers of the twentieth century, has influenced most of the theorist of his time, including feminists with his theory of [...]

INTRODUCTION 44 I. THE ROLE OF GENDER IN U.S. SOCIETY 45 II. WHAT IS GENDER? 54 A. BIOLOGICAL SEX 57 B. GENDER IDENTITY 59 C. GENDER EXPRESSION 61 III. EXPANDING [...]

This panel was convened at 1:00 p.m., on Friday, April, 2016, with an introduction by Lori Fisler Damrosch, President of the American Society of International Law. WILIG cochairs Christie Edwards, [...]

1.2.2. The Canadian Context (95) Indigenous peoples in the United States have different jurisdictional boundaries as compared to Canada. The crisis of violence against Indigenous women is a major problem [...]

"Custom" misapplied bastardised murdered afrankenstein corpse conveniently recalled to intimidate women. (1) INTRODUCTION In a recently published report by the Ontario Federation of Indian Friendship Centres, an action plan was [...]

III. Structural Factors and External Impediments Examining IPV against Asian American women through a structural lens contextualizes the preceding discussion of individual and situational factors. (139) Broader societal forces and [...]

Despite theoretical advances in understanding intimate partner violence (IPV), practical strategies for addressing the destruction it wreaks on individuals, families, and communities have stagnated. Criminal prosecutions of domestic violence, legal [...]

Abstract: Compensated surrogacy--an arrangement in which a woman carries and gives birth to a child for someone else in exchange for money--intimately affects women. Yet, feminist law reformers have not [...]

Abstract: Feminists have long been engaged in the debates over surrogacy. During the past thirty years, thousands of women throughout the world have served as surrogate mothers. The experience of [...]

INTRODUCTION Law is the social, economic, political and personal struggle that determines who counts as a member of the community. This struggle also determines how we should take account of [...]

I. INTRODUCTION In 1998, the Supreme Court of Canada effected a sea change to the law of fraud. In R v Cuerrier, (1) the Court decided that non-disclosure of HIV [...]

I. INTRODUCTION For the past several decades, the slogan "The personal is political" has been the widespread rallying cry of U.S. feminists. (1) Regarding my own beliefs on the state [...]

INTRODUCTION Pregnant women wait and prepare nine months. Some agonize over the details and anticipate the moment when they are able to hold their babies, but for Laura Pemberton things [...]

ABSTRACT In the standard account, American sex equality law rests on a partial and imperfect analogy to race, developed in the 1970s by feminists intent on establishing formal equality between [...]

Feminist theorists in a variety of fields have contributed unrelenting energy and invaluable insights to academic and policy-making work on the issue of women's unpaid work as homemakers. (1) Indeed, [...]