The use of donor gametes – donated sperm and eggs – in assisted reproduction is a rapidly evolving practice. As a result, several regulations and best practice guidelines have been developed to ensure the safety and best interest of all parties involved, especially those of the donor offspring. Perhaps one of the most significant changes in Canada was the enactment of the Assisted Human Reprodu...

United States' courts have played a limited, yet key, role in shaping health equity in three areas of law: racial discrimination, disability discrimination, and constitutional rights. Executive and administrative action has been much more instrumental than judicial decisions in advancing racial equality in health care. Courts have been reluctant to intervene on racial justice because overt disc...

To what extent has the right to access generic HIV medication been implemented in Kenya for the 1.6 million people living with HIV? How does this relate to the right to health under international and national law? This paper examines a constitutional challenge brought to the High Court of Kenya in 2009 (the "Anti-Counterfeit Case") against the Anti-Counterfeit Act of 2008, which the petitioners...

Henry Monaghan famously argued that much of constitutional interpretation takes the form of what he termed constitutional common law, a body of doctrines and rules that are constitutionally inspired but not constitutionally required and that can be altered or reversed by Congress. This Essay argues that a fair amount of ordinary administrative law qualifies as constitutional common law: Constit...

Constitutional architects usually include in constitutional texts an unamendable clause known as constitutional entrenchment. A constitutional entrenchment serves different purposes such as, shielding and preserving high valued constitutional norms and distancing the state from past autocratic practices. The study of constitutional entrenchment has attracted great attention in recent years sinc...

The U.S. Supreme Court decision to uphold most of the Affordable Care Act (ACA), including the insurance-coverage requirement, allows historic reforms in the health care system to move forward.1,2 Because the justices were split four to four on whether the ACA was constitutional, Chief Justice John Roberts was able to write the lead opinion that commanded five votes for whatever outcome he dete...

Scholars have shown that written constitutions may be informally amended in various ways, for instance by judicial interpretation, statute, or executive action. But scholars have yet to fully appreciate that written constitutions may also be informally amended by desuetude. Informal amendment by constitutional desue-tude occurs when a constitutional provision loses its binding force upon politi...

INTRODUCTION................................................................................................ 677 I. LOCHNER IN THE CONSTITUTIONAL CANON......................................... 680 II. LOCHNER AND CONSTITUTIONAL CHANGE .......................................... 696 III. LOCHNER AND CONSTITUTIONAL ETHOS ............................................. 706 IV. LOCHNER AND CONSTITUTIO...