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Displaying 61 - 70 of 1303

State Telemedicine Abortion Restrictions and the Dormant Commerce Clause

https://lawreview.uchicago.edu/print-archive/state-telemedicine-abortion-restrictions-and-dormant-commerce-clause
Telemedicine abortions allow women to meet virtually with abortion providers and receive abortion medication through the mail, all without ever leaving their homes. This development could be instrumental in facilitating access to abortion care for women living in abortion-restrictive states after the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization. However, many abortion-restrictive states have moved to restrict remote abortion care and impose legal liability on out-of-state telemedicine abortion providers. This Comment outlines a novel argument that these state restrictions on telemedicine abortions violate the Dormant Commerce Clause, which prohibits state regulation that discriminates against or unduly burdens interstate commerce.

Mutually Assured Democracy: Cooperating Under the Compact Clause to Combat Partisan Gerrymandering

https://lawreview.uchicago.edu/print-archive/mutually-assured-democracy-cooperating-under-compact-clause-combat-partisan
Partisan gerrymandering distorts voter preferences and undermines electoral competitiveness. Single-state redistricting reform has stalled because legislators and voters alike face diminishing incentives to reallocate power to their state’s minority party as partisan polarization increases. In the congressional redistricting context, however, interstate compacts could replace those incentives to compete with incentives to cooperate. The Constitution’s Compact Clause permits states to collaborate with each other but requires congressional consent. Yet the Constitution remains silent about which interstate agreements trigger this requirement, how Congress may provide consent, and how the Compact Clause interacts with the Elections Clause. This Comment explains how states could form redistricting compacts even without affirmative congressional approval.

Weak-Willed Legislatures and Statutory Interpretation

https://lawreview.uchicago.edu/print-archive/weak-willed-legislatures-and-statutory-interpretation
Contributing to the literature on “super statutes,” I suggest that an analogy to the philosophical concept of weakness of will can illuminate circumstances under which some statutes ought to stand above others. Analogizing to philosopher Richard Holton’s account of weak will, I develop an account in which some statutes express long-term commitments, are intended to foreclose future deliberation, and enact reasons into the law. Such statutes have the status of what Holton calls “resolutions.” Congress can be weak willed when it violates such statutes, and this weak-willed action jeopardizes the advantages of enacting such statutes in the first place. I propose that courts may apply familiar canons of statutory interpretation to hold Congress accountable to its commitments.

The Truth of Erasure: Universal Remedies for Universal Agency Actions

https://lawreview.uchicago.edu/online-archive/truth-erasure-universal-remedies-universal-agency-actions
Courts, litigants, and scholars should not be confused by the ongoing debate about nationwide or so-called “universal” injunctions: the proper scope of remedies under the Administrative Procedure Act (APA) and other statutes providing for judicial review of agency action is “erasure.” This Article aims to save scholars’ recent progress in showing the legality of stays and vacatur under the APA from muddled thinking that conflates these forms of relief with other universal remedies that face growing criticism.

U.S. v. Kordel, Parallel Proceedings, and the Value of Statistical Freedom

https://lawreview.uchicago.edu/online-archive/us-v-kordel-parallel-proceedings-and-value-statistical-freedom
This Essay proposes using the dilemma defendants face in parallel proceedings as a way to measure the Value of Statistical Freedom (VSF). The VSF (sometimes called the Value of Liberty) can be thought of as an individual’s willingness to pay to not be in prison. The VSF is spiritually similar to the far more prevalent “Value of Statistical Life” (VSL), which measures the willingness to trade money or wealth in exchange for an increase in the mortality probability.

Lobbying Language: How Supreme Court Opinions Invite Legislative Change

https://lawreview.uchicago.edu/print-archive/lobbying-language-how-supreme-court-opinions-invite-legislative-change
How often do Supreme Court opinions include what might be called “lobbying language,” which endorses a policy position while calling for another government entity to realize it? Reviewing relevant cases, this Essay finds that the sample set includes at least a dozen examples of lobbying language. As it turns out, lobbying is not so unusual for the Supreme Court.

Surviving Family Regulation

https://lawreview.uchicago.edu/print-archive/surviving-family-regulation
This Essay documents the limitations of the parental rights lens for Black families and argues that the more appropriate lens for marginalized families focuses on the survival of both individual families and the larger community tied to these families. With this in mind, it contemplates what the future of the Restatement might hold against the backdrop of a reconfigured framework.

Children’s Autonomy Rights Online

https://lawreview.uchicago.edu/online-archive/childrens-autonomy-rights-online
Children’s lives are increasingly shaped by their online environment, quite apart from the physical geographies of home and school. How they make choices in that space, and how those choices are shaped by law and parental authority, warrants deeper discussion than the Restatement of Children and the Law was able to provide. The complex challenges of children’s engagement with social media, both as content creators and consumers, help illuminate some of the core tensions in this Part of the Restatement—namely, the tension between children’s autonomy, parental authority, and state regulation.

Prosecutors and the Child Wellbeing Framework

https://lawreview.uchicago.edu/online-archive/prosecutors-and-child-wellbeing-framework
The importance of initial prosecutorial decisions in juvenile outcomes is well-studied, but recent developments in the law, including the Supreme Court’s decision in McGirt v. Oklahoma; new laws and proposed legislation pertaining to youth being tried in juvenile or criminal court; and the forthcoming adoption of the Children's Restatement require that we reexamine their significance.

Submissions to the Law Review Online

https://lawreview.uchicago.edu/submissions/submissions-law-review-online
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