Equality and Autonomy in First Amendment Jurisprudence

Some thoughts on autonomy and equality in relation to Roe v. Wade.

Twenty-five years ago, then-Judge Ruth Bader Ginsburg delivered a thought-provoking lecture entitled Some Thoughts on Autonomy and Equality in Relation to Roe v. Wade.1 One of her central points was that Roe v. Wade “sparked public opposition and academic criticism” partly because the Court “presented an incomplete justification for its action.”2 The Court’s decision located a woman’s right to ...

Reconciling Theory and Doctrine in First Amendment Jurisprudence

Ethical Agreement and Disagreement about Obesity Prevention Policy in the United States

An active area of public health policy in the United States is policy meant to promote healthy eating, reduce overconsumption of food, and prevent overweight/obesity. Public discussion of such obesity prevention policies includes intense ethical disagreement. We suggest that some ethical disagreements about obesity prevention policies can be seen as rooted in a common concern with equality or w...

Ethical Standards to Guide the Development of Obesity Policies and Programs; Comment on “Ethical Agreement and Disagreement about Obesity Prevention Policy in the United States”

The recent report by Barnhill and King about obesity prevention policy raises important issues for discussion and analysis. In response, this article raises four points for further consideration. First, a distinction between equality and justice needs to be made and consistently maintained. Second, different theories of justice highlight one additional important source of disagreement about the...

Adoption , Identity , and the Constitution : the Case for Opening Closed Records

Children pose a puzzle for American constitutional jurisprudence. On the one hand, the Supreme Court has recognized that children are persons within the meaning of the Fourteenth Amendment and has accorded them some, but not all, of the individual rights enjoyed by adults.' On the other hand, the Court has largely reinforced the notion that the traditional family unit provides adequate constitu...