From Bereavement to Banishment: The Deportation of Surviving Alien Spouses Under the “Widow Penalty”
Shaina N. Elias · November 2008 77 GEO. WASH. L. REV. 172 (2008) Today, hundreds of alien widows and widowers across the country face automatic deportation from the United States because their American citizen spouses died before the couples celebrated their two-year wedding anniversaries. Under the Immigration Service’s current interpretation of immigration law, if the... Read More
A Right to Decide Not to Be a Legal Father: Gonzales v. Carhart and the Acceptance of Emotional Harm as a Constitutionally Protected Interest
Christopher Bruno · November 2008 77 GEO. WASH. L. REV. 141 (2008) This Note argues that courts should recognize a privacy right to decide not to be a legal father. Such a privacy right is derived from the right to procreative autonomy as already established by Griswold v. Connecticut, Eisenstadt v. Baird, Roe v. Wade,... Read More
Exhuming the Seemingly Moribund Declaration of War
Saikrishna Bangalore Prakash · November 2008 77 GEO. WASH. L. REV. 89 (2008) Scholars and politicians insist that declarations of war are relics of the past. As proof, they point out that in over two centuries the United States has declared war only five times and that the nation last declared war over sixty years... Read More
Fixing Innovation Policy: A Structural Perspective
Stuart Minor Benjamin & Arti K. Rai · November 2008 77 GEO. WASH. L. REV. 1 (2008) Innovation is central to economic growth and human welfare. Government officials and commentators have recognized this reality and have called for a variety of different substantive incentives for stimulating innovation. But the question of how an innovation regulator... Read More
Deliberation Across the Cultural Divide: Assessing the Potential for Reconciling Conflicting Cultural Orientations to Reprodutive Technology
John Gastil, Justin Reedy, Donald Braman & Dan M. Kahan · September 2008 76 GEO. WASH. L. REV. 1478 (2008) From birth control and abortion to in vitro fertilization and genetic enhancement, reproductive technologies are furnishing Americans not only with new modes of control over sexual and reproductive choice, but also with new sites for... Read More
Prosecuting the Womb
Michele Goodwin · September 2008 76 GEO. WASH. L. REV. 1411 (2008) In May, 2008, shortly before the publication of this Article, the South Carolina Supreme Court, in a unanimous decision, reversed the conviction of Regina McKnight, five years after upholding her conviction on a controversial drug conviction. Ms. McKnight, an indigent Black woman, was... Read More
Regulating Reproduction
Marsha Garrison · September 2008 76 GEO. WASH. L. REV. 1402 (2008) In 2003, the Sunday Styles section of The New York Times published a striking advertisement featuring a smiling baby and a bold headline asking “Do You Want to Choose the Gender of Your Next Baby?” Readers were directed by this advertisement to a... Read More
If I Say “Yes” to Regulation Today, Will You Still Respect Me in the Morning?
June Carbone · September 2008 76 GEO. WASH. L. REV. 1383 (2008) Marsha Garrison and Michele Goodwin have each written clever, edgy, and insightful articles on the oversight of new reproductive technologies. Both of them frame the issues around the regulation of reproduction, not assisted reproduction. “Assisted reproduction” might mean doctors, clinics, or patients. “Reproduction”... Read More
From Double Standard to Double Blind: Informed Choice in Abortion Law
Rebecca Dresser · September 2008 76 GEO. WASH. L. REV. 1358 (2008) In Gonzales v. Carhart, the Supreme Court upheld the constitutionality of the Partial-Birth Abortion Ban Act of 2003, a federal law punishing physicians who intentionally perform a specific abortion procedure. In this Article, I focus on what Gonzales v. Carhart had to say... Read More
The “Repugnance” Lens of Gonzales v. Carhart and Other Theories of Reproductive Rights: Evaluating Advanced Reproductive Technologies
Sonia M. Suter · September 2008 76 GEO. WASH. L. REV. 1298 (2008) Reproductive decisionmaking has always raised ethical and legal issues. With scientific advances, reproductive decisions are even more complex and the legal and moral issues even more complicated. Some advanced technologies, such as in vitro fertilization (“IVF”) assist procreation. Other technologies, such as... Read More