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Articles 1 - 5 of 5

Full-Text Articles in Law

Abortion Distortions, Caroline Mala Corbin Jan 2014

Abortion Distortions, Caroline Mala Corbin

Articles

No abstract provided.


Comparative Pragmatism Versus Comparative Formalism In The Abortion Context, Caroline Bettinger-López Jan 2013

Comparative Pragmatism Versus Comparative Formalism In The Abortion Context, Caroline Bettinger-López

Articles

No abstract provided.


Body And Soul: Equality, Pregnancy, And The Unitary Right To Abortion, Jennifer S. Hendricks Jan 2010

Body And Soul: Equality, Pregnancy, And The Unitary Right To Abortion, Jennifer S. Hendricks

Articles

This Article explores equality-based arguments for abortion rights, revealing both their necessity and their pitfalls. It first uses the narrowness of the "health exception" to abortion regulations to demonstrate why equality arguments are needed--namely because our legal tradition's conception of liberty is based on male experience, no theory of basic human rights grounded in women's reproductive experiences has developed. Next, however, the Article shows that equality arguments, although necessary, can undermine women's reproductive freedom by requiring that pregnancy and abortion be analogized to male experiences. As a result, equality arguments focus on either the bodily or the ...


Restructuring The Debate Over Fetal Homicide Laws, Carolyn B. Ramsey Jan 2006

Restructuring The Debate Over Fetal Homicide Laws, Carolyn B. Ramsey

Articles

The worst problems with the fetal homicide laws that have proliferated around the nation are quite different than the existing scholarship suggests. Critics often argue that the statutes, which criminalize the killing of a fetus by a third party other than an abortion provider, undermine a woman's right to terminate her pregnancy. This concern is overstated. Although supported by anti-abortionists, many of the fetal homicide laws embody the perspective of the so-called "abortion grays," who eschew the absolutism of the doctrinaire pro-choice and anti-abortion camps. This Article explores how a contextual view of life-taking allows us to reconcile legal ...


Hard Cases And The Politics Of Righteousness, Carl E. Schneider May 2005

Hard Cases And The Politics Of Righteousness, Carl E. Schneider

Articles

The law of bioethics has been the law of cases. Interpreting the common law and the Constitution, judges have written the law of informed consent, abortion, and assisted suicide. Reacting to causes célèbres, legislatures have written the law of advance directives and end of life decisions. The long, sad death of Terri Schiavo eclipsed even the long, sad deaths of Karen Ann Quinlan and Nancy Beth Cruzan in the duration and strength of the attention and passions it evoked. What are Schiavo’s lessons? Hard cases, lawyers say, make bad law. Why? First, hard cases are atypical cases. They present ...