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Full-Text Articles in Law
The Polarization Of Reproductive And Parental Decision-Making, Jamie Abrams
The Polarization Of Reproductive And Parental Decision-Making, Jamie Abrams
Articles in Law Reviews & Other Academic Journals
Women’s abortion decision-making and parental decision-making in child rearing are constructed as polarized methods of decision-making. Women’s abortion decision-making is understood as myopic and individualistic. Parental decision-making is understood as sacrificial and selfless. This polarization leaves reproductive decision-making isolated, marginalized, and vulnerable while parental decision-making is essentialized, protected, and revered. Both framings are inaccurate and problematic. A unified family decision-making framework that aligns abortion decision-making and parental decision-making reveals that both forms of decision-making are more multi-dimensional, relational, and family-centered than currently understood. This article exposes the ground to be gained by crossing longstanding boundaries in family law and reproductive …
Will Focusing On Men's Moral Calculus Make Abortion Less "About" Gender?, Linda C. Mcclain
Will Focusing On Men's Moral Calculus Make Abortion Less "About" Gender?, Linda C. Mcclain
Faculty Scholarship
Decades ago, feminist leader Gloria Steinem quipped that, “if men could get pregnant, abortion would be a sacrament.” As President Trump reinstates restrictions on women’s reproductive rights that the Obama Administration lifted (such as the “global gag rule”), the visual imagery of Trump signing executive orders while surrounded by an audience of white men raises – once again – the question of how gender shapes the abortion issue. In the recent unsuccessful Republican effort to repeal “Obamacare,” when Kansas Senator Pat Roberts was asked whether he supported removing the mandate that insurance companies cover “essential health benefits” such as maternity …
The Rules Of Maternity, Dara Purvis
The Rules Of Maternity, Dara Purvis
Journal Articles
A diverse body of laws and regulations speaking to reproductive rights, healthcare, criminal punishment of drug use, termination of parental rights, and more creates the rules of maternity. These rules are guidance provided both obliquely and explicitly by the law's coercive power telling women both how to and who should mother. Rule one begins in pregnancy, with the message that "your body is your child's vessel." During pregnancy, women are counselled that doctor knows best. After the child's birth, the mother remains responsible for the people who enter a child's life, leading to rule 3: "mothers must always protect." …