Abortion, Property, and Liberty

Sex selection abortion: a constitutional analysis of the abortion liberty and a person's right to know.

For Life , Liberty and Property the Nature of Nazi Ideology

episode in German history. Crude Marxist interpretations have seen Fascism and National Socialism as symptoms of a capitalist society overcome by its own contradictions. It was, the Marxists said, a last ditch attempt to save the capitalist system through authoritarianism. Others have sought to combine Marxist theory with psychoanalysis. The proponents of such theories were prominent in the Ger...

Liberty and community in constitutional law: the abortion cases in comparative perspective.

Personhood, property rights, and the permissibility of abortion.

The purpose of this paper is to argue that the tactic of granting a fetus the legal status of a person will not, contrary to the expectations of opponents of abortion, provide grounds for a general prohibition on abortions. I begin by examining two arguments, one moral (J. J. Thomson's 'A Defense of Abortion') and the other legal (D. Regan's 'Rewriting Roe v. Wade'), which grant the assumption ...

The Fourth Amendment During the Lochner Era: Privacy, Property, and Liberty in Constitutional Theory

In this article, Professor Morgan Cloud proposes a surprising remedy for a Fourth Amendment jurisprudence he criticizes as lacking a unifying theory and failing to preserve the rights guaranteed by the Amendment. Professor Cloud's solution is a return to the theories espoused by the Supreme Court during the infamous Lochner era of the early twentieth century. He calls for a merging of the forma...