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Full-Text Articles in Law

Criminal Abortion Revisited, Samuel W. Buell Jan 1991

Criminal Abortion Revisited, Samuel W. Buell

Faculty Scholarship

This note focuses on the issue of the state's application of the criminal law as a sanction against women who choose to have abortions. History reveals that pre-Roe criminal-abortion law-both by its terms and in its application-expressed an incoherent attitude toward the culpability of these women. While criminal-abortion laws treated the abortionist as a serious felon, sending him to prison for up to twenty years,' the same statutes either did not cover the woman seeking an abortion, or, if the statutes did deem her a criminal, prosecutors and courts refused or neglected to hold her liable criminally. The law instead …


Compromising On Abortion, Daniel O. Conkle Jan 1991

Compromising On Abortion, Daniel O. Conkle

Articles by Maurer Faculty

No abstract provided.


To Bear Or Not To Bear: Reproductive Freedom As An International Human Right, Berta E. Hernández-Truyol Jan 1991

To Bear Or Not To Bear: Reproductive Freedom As An International Human Right, Berta E. Hernández-Truyol

UF Law Faculty Publications

The right to reproductive freedom is recognized and protected in virtually every corner of this world. Domestic and international tribunals have increasingly found that the right to privacy includes such a right. Using the various "sources" of international law as an analytical framework, this Article posits, based on an internationalist's perspective, that reproductive freedom -- as part of the penumbral zone of enumerated and existing human rights or as a particular right in se -- is now included in the body of protected international human rights. Consequently, any government interference with the individual's exercise of such freedom constitutes an impermissible …