Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Abortion (2)
- Constitutional Law (2)
- Fourteenth Amendment (2)
- Health Law (2)
- Reproductive Rights (2)
-
- Assisted suicide (1)
- Bioethics (1)
- Civil Liberties (1)
- Constitutional law (1)
- Contraception (1)
- Dignity (1)
- Disability Rights (1)
- Disability rights (1)
- End-of-Life Care (1)
- Eugenics (1)
- Euthanasia (1)
- Human rights (1)
- Intersectionality (1)
- Mercy killing (1)
- Pandemic Response (1)
- Parental Autonomy (1)
- Parental Rights (1)
- Parenthood (1)
- Physician assisted suicide (1)
- Public Health Law (1)
- Racial justice (1)
- Reproduction (1)
- Reproductive justice (1)
- Right to die (1)
- Sterilization (1)
Articles 1 - 4 of 4
Full-Text Articles in Law
Reproducing Dignity: Race, Disability, And Reproductive Controls, Mary Crossley
Reproducing Dignity: Race, Disability, And Reproductive Controls, Mary Crossley
Articles
Human rights treaties and American constitutional law recognize decisions about reproduction as central to human dignity. Historically and today, Black women and women with disabilities have endured numerous impairments of their freedom to form and maintain families. Other scholars have examined these barriers to motherhood. Unexplored, however, are parallels among the experiences of women in these two groups or the women for whom Blackness and disability are overlapping identities. This Article fills that void. The disturbing legacy of the Eugenics movement is manifest in many settings. Black and disabled women undergo sterilizations at disproportionately high rates. Public benefit programs discourage …
The Legal And Medical Necessity Of Abortion Care Amid The Covid-19 Pandemic, Greer Donley, Beatrice Chen, Sonya Borrero
The Legal And Medical Necessity Of Abortion Care Amid The Covid-19 Pandemic, Greer Donley, Beatrice Chen, Sonya Borrero
Articles
In response to the COVID-19 pandemic, states have ordered the cessation of non-essential healthcare. Unfortunately, many conservative states have sought to capitalize on those orders to halt abortion care. In this short paper, we argue that abortion should not fall under any state’s non-essential healthcare order. Major medical organizations recognize that abortion is essential healthcare that must be provided even in a pandemic, and the law recognizes abortion as a time-sensitive constitutional right. Finally, we examine the constitutional arguments as to why enforcing these orders against abortion providers should not stand constitutional scrutiny. We conclude that no public health purpose …
Parental Autonomy Over Prenatal End-Of-Life Decisions, Greer Donley
Parental Autonomy Over Prenatal End-Of-Life Decisions, Greer Donley
Articles
When parents learn that their potential child has a life-limiting, often devastating, prenatal diagnosis, they are faced with the first (and perhaps, only) healthcare decisions they will make for their child. Many choose to terminate the pregnancy because they believe it is in their potential child’s best interest to avoid a short and painful life. I argue that these decisions should be protected in the same way that parental healthcare decisions are constitutionally protected after birth—including a parent’s refusal or withdrawal of life-saving treatment for an infant or child who is very sick or dying. Parental autonomy ensures that parents …
A History Of The Law Of Assisted Dying In The United States, Alan Meisel
A History Of The Law Of Assisted Dying In The United States, Alan Meisel
Articles
The slow growth in the number of states that have enacted legislation to permit what is often referred to as “death with dignity” legislation—and more frequently referred to popularly as “physician assisted suicide” laws—has begun to accelerate in the past few years since the enactment of the first such statute in Oregon in 1994.
Like much other social reform legislation, there is a long history behind it. In this case, the history in the United States dates back at least to the latter part of the nineteenth century. Not until the 1980s, however, did these efforts gain any traction in …