Volume 24, Issue 1: Roe v. Wade at 40

Articles

The Defenseless Marriage Act: The Legitimacy of President Obama's Refusal to Defend DOMA § 3

President Obama's refusal to defend against constitutional challenge the Defense of Marriage Act (hereinafter “DOMA”) revives concerns about the scope and application of executive powerwhen confronte Read more about The Defenseless Marriage Act: The Legitimacy of President Obama's Refusal to Defend DOMA § 3

  • January 2013
  • 24 Stan.L.& Pol'y Rev. 1
  • Article

No Such Thing as a Free Lunch: Paternalism, Poverty, and Food Justice

Rebecca L. Goldberg

Two recent, controversial policy initiatives have revealed conflicts among three groups that take an interest in the eating habits of the poor: anti-hunger advocates, anti-obesity advocates, and “food justice” advocates. These initiatives – Los Angeles’s zoning ordinance banning new fast food restaurants in one low-income neighborhood and New York City’s proposal to ban the use of food stamps for soda purchases – are supported by anti-obesity advocates but opposed by many others, including (in the case of the latter initiative) anti-hunger groups. Read more about No Such Thing as a Free Lunch: Paternalism, Poverty, and Food Justice

  • January 2013
  • 24 Stan.L.& Pol'y Rev. 35
  • Article

Eliminating Regulatory Reliance on Credit Ratings: Restoring the Strength of Reputational Concerns

In the last decade, a succession of credit rating agency scandals has led to the introduction of a comprehensive system of regulation and oversight of rating agencies. This Article contends that the accuracy of ratings is significantly compromised by the existence of ratings-based regulations. Read more about Eliminating Regulatory Reliance on Credit Ratings: Restoring the Strength of Reputational Concerns

  • January 2013
  • 24 Stan.L.& Pol'y Rev. 99
  • Article

Preserving Roe v. Wade - When You Win Only Half the Loaf

After the fortieth anniversary of Roe v. Wade and the twentieth anniversary of Planned Parenthood v. Casey, this Article describes the litigation strategy to preserve Roe, and assesses the mixed outcome in Casey. As a result of new legal restrictions on abortion and other barriers to access such as high costs of abortions, misinformation, harassment, and provider shortages, it has become increasingly difficult for American women to obtain abortion services. Read more about Preserving Roe v. Wade - When You Win Only Half the Loaf

  • January 2013
  • 24 Stan.L.& Pol'y Rev. 143
  • Article

Standing for Something

After the fortieth anniversary of the Supreme Court’s 1973 Roe v. Wade decision, it is critical to acknowledge that while Roe has protected women’s health and moved women’s rights forward, the fight continues to ensure that abortion remains a safe and legal procedure, and a constitutionally protected right. This Article contends that today, one of the greatest political battles is protecting women’s rights on the state level and that the campaign must continue. Read more about Standing for Something

  • January 2013
  • 24 Stan.L.& Pol'y Rev. 167
  • Article

The Upside of Abortion Disclosure Laws

On both sides of the political spectrum, people have conceived of abortion disclosure laws as an obstacle to abortion. For this reason, abortion rights supporters have opposed them and abortion opponents have supported them. Neither side, however, appears to have considered whether scientifically accurate disclosures could have independent, welfare-enhancing medical and informational value to women. Read more about The Upside of Abortion Disclosure Laws

  • January 2013
  • 24 Stan.L.& Pol'y Rev. 171
  • Article

Roe's Ragged Remnant: Viability

In Roe v. Wade, the Supreme Court used viability as a key marker to understand rights relating to pregnancy, abortion and new life. This means that the even when a woman can be free of a pregnancy without an abortion, by giving birth, the United States allows the end of a viable life. This Article contends that viability is a unique and important threshold for the attachment of rights and that there is both a moral and a legal duty for courts to re-examine these questions. Read more about Roe's Ragged Remnant: Viability

  • January 2013
  • 24 Stan.L.& Pol'y Rev. 215
  • Article

Roe v. Wade's 40th Anniversary: A Moment of Truth for the Anti-Abortion-Rights Movement?

Forty years after the Supreme Court recognized the constitutional right to abortion, the time may have arrived for the anti-abortion movement to openly pursue its goal of banning abortion altogether. This Article discusses anti-abortion-rights activism before Roe v. Wade, explains how the incrementalist strategy developed as a response to Roe, and discusses Casey’s impact in entrenching the incrementalist approach as the mainstream movement’s primary strategy. Read more about Roe v. Wade's 40th Anniversary: A Moment of Truth for the Anti-Abortion-Rights Movement?

  • January 2013
  • 24 Stan.L.& Pol'y Rev. 245
  • Article

Cristina's World: Lessons from EL Salvador's Ban on Abortion

Today, forty years after the U.S. Supreme Court declared that states were forbidden from restricting women’s access to abortion in Roe v. Wade, it is clear that the majority of Americans do not like the decision. This Article explores how abortion laws work in practice through a case study of abortion in El Salvador, which in 1998 changed its penal code from a law permitting legal abortions in cases of rape, incest, or threat to maternal health or life to a law banning all abortions. Read more about Cristina's World: Lessons from EL Salvador's Ban on Abortion

  • January 2013
  • 24 Stan.L.& Pol'y Rev. 271
  • Article