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Articles 1 - 18 of 18
Full-Text Articles in Law
The Federal Pregnant Workers Fairness Act: Statutory Requirements, Regulations, And Need (Especially In Post-Dobbs America), Deborah Widiss
The Federal Pregnant Workers Fairness Act: Statutory Requirements, Regulations, And Need (Especially In Post-Dobbs America), Deborah Widiss
Articles by Maurer Faculty
The federal Pregnant Workers Fairness Act, enacted in December 2022, is landmark legislation that will help ensure workers can stay healthy through a pregnancy. It responds to the reality that pregnant workers may need small changes at work, such as permission to sit periodically, carry a water bottle, relief from heavy lifting, or reduced exposure to potentially dangerous chemicals. Workers may also need schedule modifications or leave for prenatal appointments, childbirth, or post-partum recovery, or accommodations to address medical conditions related to pregnancy or childbirth.
Previously, federal sex discrimination law and federal disability law sometimes required employers to provide such …
Policing Pregnancy "Crimes", Valena Beety, Jennifer Oliva
Policing Pregnancy "Crimes", Valena Beety, Jennifer Oliva
Articles by Maurer Faculty
The Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization held that there is no right to abortion healthcare under the United States Constitution. This Essay details how states prosecuted pregnant people for pregnancy behaviors and speculative fetal harms prior to the Dobbs decision. In this connection, it also identifies two, related post-Dobbs concerns: (1) that states will ramp up their policing of pregnancy behaviors and (2) that prosecutors will attempt to substantiate these charges by relying on invalid scientific evidence. This Essay examines the faulty forensic science that states have used to support fetal harm allegations and reminds …
State Court Protection Of Reproductive Rights: The Past, The Perils, And The Promise, Dawn E. Johnsen
State Court Protection Of Reproductive Rights: The Past, The Perils, And The Promise, Dawn E. Johnsen
Articles by Maurer Faculty
No abstract provided.
Conceiving Of Products And The Products Of Conception: Reflections On Commodification, Consumption, Art, And Abortion, Jody L. Madeira
Conceiving Of Products And The Products Of Conception: Reflections On Commodification, Consumption, Art, And Abortion, Jody L. Madeira
Articles by Maurer Faculty
This paper rejects the dichotomy between patient and consumer roles and focuses instead on how attributes of each are meaningful to those seeking health care. Arguing that health care is already commodified, it suggests that both medicine and the market offer strategies for handling commodification. The important questions are how we understand these attributes and their role in care relationships, and which attributes we should encourage. The medical profession and patient role have long accommodated commodification, using fiduciary roles, flat fees and opaque pricing to distance payment and pricing from care provision. In contrast, the market and consumer role emphasize …
Respecting Intent And Dispelling Stereotypes By Reducing Unintended Pregnancy, Dawn E. Johnsen
Respecting Intent And Dispelling Stereotypes By Reducing Unintended Pregnancy, Dawn E. Johnsen
Articles by Maurer Faculty
No abstract provided.
Aborted Emotions: Regret, Relationality, And Regulation, Jody L. Madeira
Aborted Emotions: Regret, Relationality, And Regulation, Jody L. Madeira
Articles by Maurer Faculty
Regret is a deeply contested emotion within abortion discourse. It is present in ways that we are both afraid of and afraid to talk about. Conventional pro-life and pro-choice narratives link regret to defective decision making. Both sides assert that the existence of regret reveals abortion’s harmfulness or harmlessness, generating a narrow focus on the maternal-fetal relationship and women’s “rights.”These incomplete, deeply flawed constructions mire discourse in a clash between regret and relief and exclude myriad relevant relationships. Moreover, they distort popular understandings of abortion that in turn influence women, creating cognitive dissonance and perhaps distress for those with different …
"Trap"Ing Roe In Indiana And A Common-Ground Alternative, Dawn E. Johnsen
"Trap"Ing Roe In Indiana And A Common-Ground Alternative, Dawn E. Johnsen
Articles by Maurer Faculty
Public discourse over abortion overwhelmingly focuses on whether the Supreme Court will overrule Roe v. Wade and states will again ban abortion. But at least since 1992, when the Court in Planned Parenthood v. Casey reaffirmed Roe's "central holding," certain moderate- sounding abortion restrictions - sometimes framed as reasonable compromise regulations - have posed a greater threat to women's reproductive health and liberty. This Essay examines one increasingly popular form of restriction: laws that regulate providers of abortion services in the name of advancing women's health, without actual health justification. Little-noted efforts to enact such restrictions in Indiana, during the …
Book Review. Fetal Protection In The Workplace And At Women's Expense, Julia C. Lamber
Book Review. Fetal Protection In The Workplace And At Women's Expense, Julia C. Lamber
Articles by Maurer Faculty
No abstract provided.
Shared Interests: Promoting Healthy Births Without Sacrificing Women's Liberty, Dawn E. Johnsen
Shared Interests: Promoting Healthy Births Without Sacrificing Women's Liberty, Dawn E. Johnsen
Articles by Maurer Faculty
No abstract provided.
Compromising On Abortion, Daniel O. Conkle
Compromising On Abortion, Daniel O. Conkle
Articles by Maurer Faculty
No abstract provided.
Book Review. Abortion And Divorce In Western Law By Mary Ann Glendon, Lauren K. Robel
Book Review. Abortion And Divorce In Western Law By Mary Ann Glendon, Lauren K. Robel
Articles by Maurer Faculty
In this book, Professor Mary Ann Glendon contends that the American commitment to individualism and rights has deprived our law of compassion in the areas of abortion and divorce. She argues that while western European countries tell their citizens that their decisions about family are important to the larger society, American law takes extreme and damaging positions that isolate people at times when the community has an interest in their acts. Much of the book is a gentle and persuasive reminder that America lacks any semblance of a national family policy, an omission that looks heartless in comparison to Europe. …
Webster And Women's Equality, Dawn E. Johnsen, Marcy J. Wilder
Webster And Women's Equality, Dawn E. Johnsen, Marcy J. Wilder
Articles by Maurer Faculty
No abstract provided.
Will Roe V. Wade Survive The Rehnquist Court?, Dawn E. Johnsen, Marcy Wilder
Will Roe V. Wade Survive The Rehnquist Court?, Dawn E. Johnsen, Marcy Wilder
Articles by Maurer Faculty
No abstract provided.
Canada's Roe: The Canadian Abortion Decision And Its Implications For American Constitutional Law And Theory, Daniel O. Conkle
Canada's Roe: The Canadian Abortion Decision And Its Implications For American Constitutional Law And Theory, Daniel O. Conkle
Articles by Maurer Faculty
No abstract provided.
From Driving To Drugs: Governmental Regulation Of Pregnant Women's Lives After Webster, Dawn E. Johnsen
From Driving To Drugs: Governmental Regulation Of Pregnant Women's Lives After Webster, Dawn E. Johnsen
Articles by Maurer Faculty
No abstract provided.
Three Continuities Of Choice In Abortion, Patrick L. Baude
Three Continuities Of Choice In Abortion, Patrick L. Baude
Articles by Maurer Faculty
No abstract provided.
The Creation Of Fetal Rights: Conflicts With Women's Constitutional Rights To Liberty, Privacy, And Equal Protection, Dawn E. Johnsen
The Creation Of Fetal Rights: Conflicts With Women's Constitutional Rights To Liberty, Privacy, And Equal Protection, Dawn E. Johnsen
Articles by Maurer Faculty
No abstract provided.
Constitutional Reflections On Abortion Reform, Patrick L. Baude
Constitutional Reflections On Abortion Reform, Patrick L. Baude
Articles by Maurer Faculty
No abstract provided.