Friday, January 4, 2008
The AALS Hot Topics Panel “Reproductive Justice After Carhart,” is tomorrow, Friday, Jan. 4, from 10:30am-12:15pm:
Moderators:Pamela S. Karlan, Stanford Law School
Jack M. Balkin, Yale Law School
Panelists : Michael C. Dorf, Columbia University School of Law
Reva B. Siegel, Yale Law School
Kenji Yoshino, Yale Law School
Angela P. Harris, University of California, Berkeley School of Law
This roundtable will discuss Gonzales v. Carhart, the Supreme Court’s 2007 decision upholding the federal Partial Birth Abortion Ban Act. Panelists will focus on the ways that Carhart has emerged from and is reshaping debate over questions of reproductive justice in popular movements, the academy, state legislatures, and the courts.
Carhart suggests a new understanding of the state' s interest in regulating abortion, as well as a new understanding of the abortion right itself. Discussion will explore how the abortion right might be grounded in principles of sexual freedom and gender equality. Drawing on examples of abortion regulation now in state legislatures, the roundtable will examine the constituent elements of the government's interest in regulating abortion, including the government's asserted interest in protecting women from psychological harms associated with the abortion decision and the equities of imposing more extensive and value-laden informed consent requirements, as many states are now contemplating. The group will also discuss changes in the structure of abortion-related litigation, such as the distinction between as-applied and facial attacks on abortion regulations, especially as this bears on the requirement of a health exception.
Also of interest:
Friday 4-5:45 pm:
Law and the Interpretation of Sex and Gender
Moderator: Marc R. Poirier, Seton Hall University School of Law
Speakers: Carlos A. Ball, The Pennsylvania State University Dickinson School of Law
Mary Anne C. Case, The University of Chicago The Law School
Frank Rudy Cooper, Suffolk University Law School
Dean P. Spade, Law Teaching Fellow, Los Angeles, California
This panel assembles established and emerging scholars whose work has examined law and the interpretation of sex and gender from feminist, Foucauldian and left critical perspectives. They will present their current work. Topics likely to be addressed include the legal control of sexuality after Lawrence v. Texas, the incipient reinscription of sex roles in law, masculinity norms and police treatment of suspects, and the disintegration of legal gender.
Friday 4:00 - 5:45 p.m.
The 140th Anniversary of the Ratification of the Fourteenth Amendment: What is the Future of Rights Litigation?
Moderator: Bernadette Bollas Genetin, University of Akron C. Blake McDowell Law Center
Speakers: Samuel R. Bagenstos, Washington University School of Law
Wilson Ray Huhn, University of Akron C. Blake McDowell Law Center
Sylvia A. Law, New York University School of Law
Robert C. Post, Yale Law School
July 2008 will mark the 140th anniversary of the ratification of the Fourteenth Amendment to the United States Constitution. The panel uses this anniversary as a platform for discussion of the future of rights litigation. The panel will explore a range of issues, including (1) the future development of the 14th Amendment, in light of the interdependence of constitutional law and political mobilization; (2) the likely effects of globalization, empiricism, technological advance, and demographic change on constitutional analysis and rights in the 21st Century; (3) the unlikely prospects for an expanded role for the Fourteenth Amendment in the 21st Century in addressing the economic insecurity and inequality that the U.S. is experiencing in numbers greater than at any time since the Great Depression; and (4) the tensions that will emerge in civil rights litigation as a result of the Rehnquist Court’s strategy of imposing significant restrictions on civil rights litigation through limitation of civil rights remedies, while leaving largely intact the substantive rights that had been expanded by the Warren and Burger Courts.
Saturday 1:30 - 3:15 p.m.
The Margins of Legal Personhood
(Program to be published in Rutgers Law Journal)
Moderator: Kimberly Kessler Ferzan, Rutgers, The State University of N.J. School of Law, Camden
Speakers: Taimie L. Bryant, University of California at Los Angeles School of Law
Margaret O. Little, Associate Professor, Philosophy Department, Georgetown University, Washington, D.C.
Paul Litton, University of Missouri-Columbia School of Law
Lawrence B. Solum, University of Illinois College of Law
This panel explores those “entities” that lie at the boundaries of legal personhood. Specifically, how should the law treat animals, artificial intelligence, fetuses, and psychopaths? And do our views about how to treat one entity commit us to similar treatment of another? For instance, do our views about the treatment of animals inform our understanding of abortion? If we would not hold artificial intelligence criminally responsible, does the same reasoning hold for psychopaths? During this panel, each speaker will discuss one of these “entities” and then the panelists will engage in a discussion of the connections between their theories.