Freedom and choice in constitutional law.

The origins of American health libertarianism.

This Article examines Americans' enduring demand for freedom of therapeutic choice as a popular constitutional movement originating in the United States' early years. In exploring extrajudicial advocacy for therapeutic choice between the American Revolution and the Civil War, this piece illustrates how multiple concepts of freedom in addition to bodily freedom bolstered the concept of a constit...

Constitutional law--freedom of the press--prohibition of abortion referral service advertising held unconstitutional.

Should Progressive Constitutionalism Embrace Popular Constitutionalism?

There are two conceptions of progressive constitutionalism explored in this Symposium. The first is of progressive constitutionalism as, first and foremost, a programmatic agenda, focused on how progressives’ “distinctive constitutional vision may best be transmuted into claims of constitutional law.”1 To the extent that this constitutional vision entails only a set of policy preferences (e.g.,...

Regulating choice: a constitutional law response to Professor John A. Robertson's Children of Choice.

Discourse Analysis of Iranian Intellectuals about Law on the Edge of Constitutional Revolution (Study of Mirza Malcom Khan and Mostashar al-Dowleh)

About 110 years ago, Iran experienced a revolution, which was known to be an attempt for development and modernization. The revolutionary roots had been established by new-coming social forces named as intellectuals. Since studying the past highlights the future, the necessity of intellectuals’ discourse as well as understanding their discourse strategies on the road to development and modernit...