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Full-Text Articles in Law
Abortion, Pregnancy Loss, & Subjective Fetal Personhood, Greer Donley, Jill Wieber Lens
Abortion, Pregnancy Loss, & Subjective Fetal Personhood, Greer Donley, Jill Wieber Lens
Articles
Longstanding dogma dictates that recognizing pregnancy loss threatens abortion rights—acknowledging that miscarriage and stillbirth involve a loss, the theory goes, creates a slippery slope to fetal personhood. For decades, anti-abortion advocates have capitalized on this tension and weaponized the grief that can accompany pregnancy loss in their efforts to legislate personhood and end abortion rights. In response, abortion rights advocates have at times fought legislative efforts to support those experiencing pregnancy loss, and more recently, remained silent, alienating those who suffer a miscarriage or stillbirth.
This Article is the first to argue that this perceived tension can be reconciled through …
Encouraging Maternal Sacrifice: How Regulations Governing The Consumption Of Pharmaceuticals During Pregnancy Prioritize Fetal Safety Over Maternal Health And Autonomy, Greer Donley
Articles
Pregnant women are routinely faced with the stressful decision of whether to consume needed medications during their pregnancies. Because the risks associated with pharmaceutical drug consumption during pregnancy are largely unknown, pregnant women both inadvertently consume dangerous medications and avoid needed drugs. Both outcomes are harmful to pregnant women and their fetuses. This unparalleled lack of drug safety information is a result of ill-conceived, paternalistic regulations in two areas of the law: regulations governing ethical research in human subjects and regulations that dictate the required labels on drugs. The former categorizes pregnant women as “vulnerable” and thus precludes them from …
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 …
Money, Sex, And Religion--The Supreme Court's Aca Sequel, George J. Annas, Theodore Ruger, Jennifer Prah Ruger
Money, Sex, And Religion--The Supreme Court's Aca Sequel, George J. Annas, Theodore Ruger, Jennifer Prah Ruger
All Faculty Scholarship
The Supreme Court decision in the Hobby Lobby case is in many ways a sequel to the Court's 2012 decision on the constitutionality of the Affordable Care Act (ACA). The majority decision, written by Justice Samuel Alito, is a setback for both the ACA's foundational goal of access to universal health care and for women's health care specifically. The Court's ruling can be viewed as a direct consequence of our fragmented health care system, in which fundamental duties are incrementally delegated and imposed on a range of public and private actors. Our incremental, fragmented, and incomplete health insurance system means …
One Way To Be Born? Legislative Inaction And The Posthumous Child, Karin M. Mika
One Way To Be Born? Legislative Inaction And The Posthumous Child, Karin M. Mika
Law Faculty Articles and Essays
This article argues that the posthumous child and the rights and responsibilities relating to such a child are directly related to the fundamental right to procreate. It argues that legislation must necessarily incorporate that right in sorting out issues related to the posthumous child and deviate from the standard principles of contract laws which have been applied in the past. This article examines the history, case law, federal decisions, and current legislation pertaining to artificial insemination. It argues that such legislation is inadequate and that legislatures must act promptly to address the realities of the posthumous child.
A Feminist Understanding Of Sex-Selective Abortion: Solely A Matter Of Choice, April L. Cherry
A Feminist Understanding Of Sex-Selective Abortion: Solely A Matter Of Choice, April L. Cherry
Law Faculty Articles and Essays
This essay consists of five sections. The first section describes the problem of sex-selective abortion, including an analysis of sociological data regarding adult preference for male children and its current effects. Section Two discusses various philosophical paradigms and analyses of sex-selective abortion with the goal of developing a coherent philosophical base from which to argue for a policy regarding sex-selective abortion which furthers the goals of gender equality. Section Three addresses the constitutionality of sex-selective abortion prohibitions in light of the Supreme Court's pronouncement in Planned Parenthood of Southeastern Pennsylvania v. Casey. Section Four outlines the liberal feminist response to …