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Articles 91 - 114 of 114
Full-Text Articles in Law
What Money Cannot Buy: A Legislative Response To C.Rac.K., Adam B. Wolf
What Money Cannot Buy: A Legislative Response To C.Rac.K., Adam B. Wolf
University of Michigan Journal of Law Reform
Children Requiring a Caring Kommunity (C.R.A.C.K.) is an organization that pays current or former drug addicts $200 to be sterilized. While generating great public controversy, C.R.A.C.K. is expanding rapidly throughout the country. Its clients are disproportionately poor women of color, who are coerced by the offer of money into permanently relinquishing their reproductive rights. This Note argues that C.R.A.C.K. is a program of eugenical sterilization that cannot be tolerated. Moreover, C.R.A.C.K. further violates settled national public policy by offensively commodifying the ill-commodifiable, by demeaning women, and by starting down a slippery slope with devastating consequences. This Note proposes legislation that …
Expanding The Feminist Imagination: An Analysis Of Reproductive Right, Edith L. Pacillo
Expanding The Feminist Imagination: An Analysis Of Reproductive Right, Edith L. Pacillo
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Are The Similarities Between A Woman's Right To Choose An Abortion And The Alleged Right To Assisted Suicide Really Compelling?, Marc Spindelman
Are The Similarities Between A Woman's Right To Choose An Abortion And The Alleged Right To Assisted Suicide Really Compelling?, Marc Spindelman
University of Michigan Journal of Law Reform
In this Article, Marc Spindelman examines the relationship between abortion and assisted suicide. He begins his discussion with the constitutional framework within which courts should consider the assertion that the Due Process Clause of the Fourteenth Amendment protects an individual's decision to commit assisted suicide. The Author then considers and, based on relevant Supreme Court doctrine, rejects the conception of personal autonomy that undergirds the claimed constitutional right to assisted suicide. Finally, the Author points out some legal and cultural distinctions between abortion and assisted suicide, arguing that these distinctions offer courts good reasons for holding that the Fourteenth Amendment's …
The Proposed Model Surrogate Parenthood Act: A Legislative Response To The Challenges Of Reproductive Technology, Murray L. Manus
The Proposed Model Surrogate Parenthood Act: A Legislative Response To The Challenges Of Reproductive Technology, Murray L. Manus
University of Michigan Journal of Law Reform
In this Article, Manus proposes a Model Surrogate Parenthood Act. He examines the medical and scientific history of surrogacy and reviews the jurisprudence in the area, specifically the constitutional relationship between procreation rights and surrogacy. The author asserts that surrogate motherhood cannot be, and indeed, should not be, eradicated through legislation criminalizing it. The proposed Model Act, presented here in its entirety, attempts to reduce the problems inherent in the concept of surrogate parenthood by putting the process under strict court supervision and by zealously protecting the rights of the surrogate mother and the child to be conceived.
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.
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 …
Human Rights Law And Reproductive Self-Determination Conference On The Interventional Protection Of Reproductive Rights, Rebecca J. Cook
Human Rights Law And Reproductive Self-Determination Conference On The Interventional Protection Of Reproductive Rights, Rebecca J. Cook
American University Law Review
No abstract provided.
Comments Conference On The Interventional Protection Of Reproductive Rights: Civil & Political Rights And The Right To Nondiscrimination , Rachael N. Pine
Comments Conference On The Interventional Protection Of Reproductive Rights: Civil & Political Rights And The Right To Nondiscrimination , Rachael N. Pine
American University Law Review
No abstract provided.
Draft Optional Protocol To The Convention On The Elimination Of All Forms Of Discrimination Against Women Conference On The Interventional Protection Of Reproductive Rights , Women In The Law Project, International Human Rights Law Group,And The Maastricht Centre For Human Rights Law
Draft Optional Protocol To The Convention On The Elimination Of All Forms Of Discrimination Against Women Conference On The Interventional Protection Of Reproductive Rights , Women In The Law Project, International Human Rights Law Group,And The Maastricht Centre For Human Rights Law
American University Law Review
No abstract provided.
Remarks Conference On The Interventional Protection Of Reproductive Rights: Civil & Political Rights And The Right To Nondiscrimination , Anne Tierney Goldstein
Remarks Conference On The Interventional Protection Of Reproductive Rights: Civil & Political Rights And The Right To Nondiscrimination , Anne Tierney Goldstein
American University Law Review
No abstract provided.
The Road Not Taken: State Constitutions As An Alternative Source Of Protection For Reproductive Rights, Kevin F. O'Neill
The Road Not Taken: State Constitutions As An Alternative Source Of Protection For Reproductive Rights, Kevin F. O'Neill
Law Faculty Articles and Essays
Lawyers seeking constitutional protection for reproductive rights have relied almost exclusively on a liberty/privacy theory under the Federal Constitution. In the wake of Planned Parenthood of Southeastern Pennsylvania v. Casey, this theory may be seen as providing a floor of minimum protection-preventing states from banning abortion outright. But it is not strong enough to prevent states from enacting restrictions on the availability of abortion. Thus, the battle over reproductive rights may be seen as shifting from one phase ("Can abortion be banned?") to another ("How far can states go in restricting access to abortion'?"). If proponents of reproductive freedom are …
Words That Deny, Devalue, And Punish: Judicial Responses To Fetus-Envy?, Sherry F. Colb
Words That Deny, Devalue, And Punish: Judicial Responses To Fetus-Envy?, Sherry F. Colb
Cornell Law Faculty Publications
Abstract needed.
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.
Women, Politics, And The Nineties: The Abortion Debate, Susan Estrich
Women, Politics, And The Nineties: The Abortion Debate, Susan Estrich
New England Journal of Public Policy
The fight for political empowerment of women may finally break wide open over the issues of reproductive freedom. This article posits that while public attention has focused on courtroom attempts to limit Roe v. Wade, the issues will ultimately be decided in the political arena. Here, Estrich says, the framer of the question may be the ultimate victor. For those on the pro-choice side of the debate, the next election cycle may be their first real opportunity to vote as a bloc and wield real political power.
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.
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.
A Civil Liberties Analysis Of Surrogacy Arrangements, Lawrence O. Gostin
A Civil Liberties Analysis Of Surrogacy Arrangements, Lawrence O. Gostin
Georgetown Law Faculty Publications and Other Works
In this essay the author comes to the following conclusions based upon a civil liberties analysis. First, surrogacy arrangements cannot be prohibited or criminalized. Second, the state cannot ban the exchange of money for surrogacy services, provided the money is paid for conception, gestation, and birth. Money, however, cannot be paid on condition that the gestational mother waive her parental rights over the child. Third, contractual provisions that require the gestational mother to waive her parental rights or her rights to privacy and autonomy are void and unenforceable. Fourth, when the child is born, both the gestational mother and the …
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.
Rewriting Roe V. Wade, Donald H. Regan
Rewriting Roe V. Wade, Donald H. Regan
Articles
Roe v. Wade is one of the most controversial cases the Supreme Court has decided. The result in the case - the establishment of a constitutional right to abortion - was controversial enough. Beyond that, even people who approve of the result have been dissatisfied with the Court's opinion. Others before me have attempted to explain how a better opinion could have been written. It seems to me, however, that the most promising argument in support of the result of Roe has not yet been made. This essay contains my suggestions for "rewriting" Roe v. Wade
Constitutional Reflections On Abortion Reform, Patrick L. Baude
Constitutional Reflections On Abortion Reform, Patrick L. Baude
Articles by Maurer Faculty
No abstract provided.