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Articles 1 - 28 of 28
Full-Text Articles in Law
Reclaiming Access To Truth In Reproductive Healthcare After National Institute Of Family & Life Advocates V. Becerra, Diane Kee
Michigan Law Review
Crisis Pregnancy Centers (CPCs) are antiabortion organizations that seek to “intercept” people with unintended pregnancies to convince them to forego abortion. It is well documented that CPCs intentionally present themselves as medical professionals even when they lack licensure, while also providing medically inaccurate information on abortion. To combat the blatant deception committed by CPCs, California passed the Reproductive FACT Act in 2015. The Act required CPCs to post notices that disclosed their licensure status and informed potential clients that the state provided subsidized abortion and contraceptives. Soon after, CPCs brought First Amendment challenges to these disclosure requirements, claiming that the …
Redefining Reproductive Rights And Justice, Leah Litman
Redefining Reproductive Rights And Justice, Leah Litman
Michigan Law Review
Review of Reproductive Rights and Justice Stories edited by Melissa Murray, Katherine Shaw, and Reva B. Siegel.
Abortion Talk, Clare Huntington
Abortion Talk, Clare Huntington
Michigan Law Review
Review of Carol Sanger's About Abortion: Terminating Pregnancy in Twenty-First-Century America.
Sex And Religion: Unholy Bedfellows, Mary-Rose Papandrea
Sex And Religion: Unholy Bedfellows, Mary-Rose Papandrea
Michigan Law Review
A review of Geoffrey R. Stone, Sex and the Constitution: Sex, Religion, and Law from America's Origins to the Twenty-First Century.
Roe As We Know It, Cary Franklin
Roe As We Know It, Cary Franklin
Michigan Law Review
The petitioners in last year’s historic same-sex marriage case cited most of the Supreme Court’s canonical substantive due process precedents. They argued that the right of same-sex couples to marry, like the right to use birth control and the right to guide the upbringing of one’s children, was among the liberties protected by the Fourteenth Amendment. The Court in Obergefell v. Hodges agreed, citing many of the same cases. Not once, however, did the petitioners or the majority in Obergefell cite the Court’s most famous substantive due process decision. It was the dissenters in Obergefell who invoked Roe v. Wade.
Commercial Speech In Crisis: Crisis Pregnancy Center Regulations And Definitions Of Commercial Speech, Kathryn E. Gilbert
Commercial Speech In Crisis: Crisis Pregnancy Center Regulations And Definitions Of Commercial Speech, Kathryn E. Gilbert
Michigan Law Review
Recent attempts to regulate Crisis Pregnancy Centers, pseudoclinics that surreptitiously aim to dissuade pregnant women from choosing abortion, have confronted the thorny problem of how to define commercial speech. The Supreme Court has offered three potential answers to this definitional quandary. This Note uses the Crisis Pregnancy Center cases to demonstrate that courts should use one of these solutions, the factor-based approach of Bolger v. Youngs Drugs Products Corp., to define commercial speech in the Crisis Pregnancy Center cases and elsewhere. In principle and in application, the Bolger factor-based approach succeeds in structuring commercial speech analysis at the margins of …
Losing Faith: America Without Judicial Review?, Erwin Chemerinsky
Losing Faith: America Without Judicial Review?, Erwin Chemerinsky
Michigan Law Review
In the last decade, it has become increasingly trendy to question whether the Supreme Court and constitutional judicial review really can make a difference. Gerald Rosenberg, for example, in The Hollow Hope, expressly questions whether judicial review achieves effective social change. Similarly, Michael Klarman explores whether the Supreme Court's desegregation decisions were effective, except insofar as they produced a right-wing backlash that induced action to desegregate. In Taking the Constitution Away from the Courts, Mark Tushnet approvingly invokes these arguments (pp. 137, 145), but he goes much further. Professor Tushnet contends that, on balance, constitutional judicial review is harmful. He …
Dissent, Free Speech, And The Continuing Search For The "Central Meaning" Of The First Amendment, Ronald J. Krotoszynski Jr.
Dissent, Free Speech, And The Continuing Search For The "Central Meaning" Of The First Amendment, Ronald J. Krotoszynski Jr.
Michigan Law Review
Since the Warren Court's expansive construction of the Free Speech Clause of the First Amendment, there has been no shortage of legal scholarship aimed at justifying the remarkably broad protections afforded the freedom of speech under landmark cases such as Brandenburg v. Ohio, New York Times Co. v. Sullivan, and Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council, Inc. At the same time, in recent years, a growing chorus of free speech skeptics have made their voices heard.5 These legal scholars have questioned why a commitment to freedom of expression should displace other (constitutional) values such as equality, …
Homologizing Pregnancy And Motherhood: A Consideration Of Abortion, Julia E. Hanigsberg
Homologizing Pregnancy And Motherhood: A Consideration Of Abortion, Julia E. Hanigsberg
Michigan Law Review
In this essay I reconsider abortion in order to bridge what initially seem to be two opposing frameworks: first, the conception of abortion as an issue of women's bodily integrity and liberty, and second, the acknowledgement of the existence and meaning of intrauterine life. The abortion choice is indeed deeply and necessarily tied to women's bodily integrity. I will discuss how taking away women's ability to control their decision not to become mothers can be severely damaging to their very sense of self, for this denial of decisionmaking divides women from their wombs and uses their wombs for a purpose …
The Countermajoritarian Paradox, Neal Davis
The Countermajoritarian Paradox, Neal Davis
Michigan Law Review
A Review of Liberty and Sexuality: The Right to Privacy and the Making of Roe v. Wade. by David J. Garrow
Life's Sacred Value—Common Ground Or Battleground, Alexander Morgan Capron
Life's Sacred Value—Common Ground Or Battleground, Alexander Morgan Capron
Michigan Law Review
A Review of Life's Dominion: An Argument About Abortion, Euthanasia, and Individual Freedom by Ronald Dworkin
Religion And The Search For A Principled Middle Ground On Abortion, Michael W. Mcconnell
Religion And The Search For A Principled Middle Ground On Abortion, Michael W. Mcconnell
Michigan Law Review
A Review of The Politics of Virtue: Is Abortion Debatable? by Elizabeth Mensch and Alan Freeman
A Question Of Choice, Michele A. Estrin
A Question Of Choice, Michele A. Estrin
Michigan Law Review
A Review of A Question of Choice by Sarah Weddington
"But Whoever Treasures Freedom…": The Right To Travel And Extraterritorial Abortions, Seth F. Kreimer
"But Whoever Treasures Freedom…": The Right To Travel And Extraterritorial Abortions, Seth F. Kreimer
Michigan Law Review
In a prior article, I addressed the problem of extraterritorial abortions under the assumption that the federal constitutional right of reproductive choice would be repudiated by the Supreme Court on Justice Scalia's theory that such rights lack sufficiently deep roots in the history and traditions surrounding the framing of the Constitution and the Fourteenth Amendment. I argued there that a constitutional methodology that relied on traditions and expectations of the Framers would provide a strong basis for concluding that the Constitution imposes severe limits on states' power to project their moralities extraterritorially. If Justice Scalia is serious about a regard …
Interstate Preemption: The Right To Travel, The Right To Life, And The Right To Die, Lea Brilmayer
Interstate Preemption: The Right To Travel, The Right To Life, And The Right To Die, Lea Brilmayer
Michigan Law Review
State laws differ, and they differ on issues of tremendous importance to the ways that we conduct our lives. Abortion and the right to die are two issues on which state law intersects with deeply held moral convictions, and on which state laws vary. With so much hanging in the balance, it is not surprising that those who find themselves outvoted or outmaneuvered in local political processes sometimes seek a legal climate more compatible with their beliefs about human decency and dignity. The right to "vote with one's feet" - to travel or move to another state and trade a …
Conflict Of Constitutions? No Thanks: A Response To Professors Brilmayer And Kreimer, Gerald L. Neuman
Conflict Of Constitutions? No Thanks: A Response To Professors Brilmayer And Kreimer, Gerald L. Neuman
Michigan Law Review
This colloquy was organized around the unpleasant hypothesis that the Supreme Court would overrule Roe v. Wade and that Congress would not fill the resulting void with federal legislation. The abortion debate would then move to the states, where local majorities could enact their own resolutions. If the local majorities were large enough, they could even write their local resolutions into their state constitutions. The contrasting state constitutions that could result might then replicate the comparativists' current juxtaposition between the U.S. Constitution and the constitutions of Germany and Ireland. In some states, prohibition of abortion would be constitutionally required, while …
Abortion And The Law: A Problem Without A Solution?, Robert F. Drinan S.J.
Abortion And The Law: A Problem Without A Solution?, Robert F. Drinan S.J.
Michigan Law Review
A Review of Abortion: The Clash of Absolutes by Laurence H. Tribe
Mother-Love And Abortion: A Legal Interpretation, Darleen Darnell
Mother-Love And Abortion: A Legal Interpretation, Darleen Darnell
Michigan Law Review
A Review of Mother-Love and Abortion: A Legal Interpretation by Robert D. Goldstein
Abortion And Divorce In Western Law, Sara J. Vance
Abortion And Divorce In Western Law, Sara J. Vance
Michigan Law Review
A Review of Abortion and Divorce in Western Law by Mary A. Glendon
The Law Giveth…Legal Aspects Of The Abortion Controversy, Michigan Law Review
The Law Giveth…Legal Aspects Of The Abortion Controversy, Michigan Law Review
Michigan Law Review
A Review of The Law Giveth…Legal Aspects of the Abortion Controversy by Barbara Milbauer
Abortion, Politics, And The Courts: Roe V. Wade And Its Aftermath, Michigan Law Review
Abortion, Politics, And The Courts: Roe V. Wade And Its Aftermath, Michigan Law Review
Michigan Law Review
A Review of Abortion, Politics, and the Courts: Roe v. Wade and Its Aftermath by Eva R. Rubin
The Juridical Status Of The Fetus: A Proposal For Legal Protection Of The Unborn, Patricia A. King
The Juridical Status Of The Fetus: A Proposal For Legal Protection Of The Unborn, Patricia A. King
Michigan Law Review
What claims to protection can be asserted by a human fetus? That question, familiar to philosophy and religion, has long haunted law as well. While the philosophical and theological issues remain unresolved, and are perhaps unresolvable, I believe that we can no longer avoid some resolution of the legal status of the fetus. The potential benefits of fetal research, the ability to fertilize the human ovum in a laboratory dish, and the increasing awareness that a mother's activities during pregnancy may affect the health of her offspring create pressing policy issues that raise possible conflicts among fetuses, mothers, and researchers. …
The Politics Of Abortion In The House Of Representatives In 1976, Maris A. Vinovskis
The Politics Of Abortion In The House Of Representatives In 1976, Maris A. Vinovskis
Michigan Law Review
The battle over federal funds for abortions and the attempts to pass a constitutional amendment to prohibit all abortions have become annual events that most members of Congress privately dread but publicly welcome. As "pro-life" and "pro-choice" constituents descend upon their elected officials each year, representatives are forced to face an issue that has no easy legislative solution. Despite the intensity and disruptiveness of these confrontations, there have been no thorough and independent analyses of this phenomenon. Instead, most information on the abortion controversy in Congress has come from the understandably biased pens of the activists on both sides. Representatives …
The Abortion-Funding Cases And Population Control: An Imaginary Lawsuit (And Some Reflections On The Uncertain Limits Of Reproductive Privacy), Susan Frelich Appleton
The Abortion-Funding Cases And Population Control: An Imaginary Lawsuit (And Some Reflections On The Uncertain Limits Of Reproductive Privacy), Susan Frelich Appleton
Michigan Law Review
Two issues are before us today: (I) the meaning of the term "medically necessary" in a public hospital's charter and (II) the constitutionality of state action that provides free medical treatment to indigent pregnant women seeking an abortion but denies them such assistance for prenatal care and childbirth. On the basis of recent Supreme Court authority, we find that such action violates neither the hospital's charter nor the United States Constitution.
Abortion And The Presidential Election Of 1976: A Multivariate Analysis Of Voting Behavior, Maris A. Vinovskis
Abortion And The Presidential Election Of 1976: A Multivariate Analysis Of Voting Behavior, Maris A. Vinovskis
Michigan Law Review
Despite the widespread public interest in the role of the abortion controversy in American politics today, no one has attempted to analyze systematically its impact on the electorate. Some national opinion surveys have asked voters whether or not they would be influenced by a candidate's position on abortion, but they have not attempted to ascertain its relative importance, compared to other considerations, in the final deliberations of the electorate. In an effort to provide a more systematic study of the role of abortion in American politics today, this Article analyzes the campaign to elect the President of the United States …
Public Support For Pro-Choice Abortion Policies In The Nation And States: Changes And Stability After The Roe And Doe Decisions, Eric M. Uslaner, Ronald E. Weber
Public Support For Pro-Choice Abortion Policies In The Nation And States: Changes And Stability After The Roe And Doe Decisions, Eric M. Uslaner, Ronald E. Weber
Michigan Law Review
"The Supreme Court," according to the legendary Mr. Dooley, "follows the election returns." In 1973, the Court's two landmark decisions, Roe v. Wade and Doe v. Bolton, struck down statutes in the forty-six states where abortions were not permitted under any circumstances or were allowed only to save the life of the woman during the first three months of pregnancy. There had been a considerable increase in the level of support for the pro-choice position among the public in the few years preceding Roe and Doe. But did the decisions themselves lead to even more public support for …
The Unborn Plaintiff, David A. Gordon
The Unborn Plaintiff, David A. Gordon
Michigan Law Review
It is almost twenty-five years since Professor Winfield's article "The Unborn Child" was published. The development of this area of the law during the past quarter century is probably summed up in the distinction between that title and the one to this article.
Constitutional Law-Due Process Of Law-Freedom From Unreasonable Search And Seizure-The Admissibility Of Illegally Seized Evidence, Bernard Goldstone S.Ed.
Constitutional Law-Due Process Of Law-Freedom From Unreasonable Search And Seizure-The Admissibility Of Illegally Seized Evidence, Bernard Goldstone S.Ed.
Michigan Law Review
Local police officers entered the private office of petitioner, a practising physician, without a warrant and seized his private books and records. As a result of the information thus obtained, petitioner was convicted of conspiracy to perform an abortion. Petitioner claimed that his constitutional rights were invaded contending that due process of law under the Fourteenth Amendment includes freedom from unreasonable search and seizure and prevents the admission of illegally seized evidence, but this was denied by the Supreme Court of Colorado and the conviction was affirmed. On certiorari to the Supreme Court of the United States, held, affirmed, …