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Full-Text Articles in Law
The Illusion Of Autonomy In Women's Medical Decision-Making, Jamie Abrams
The Illusion Of Autonomy In Women's Medical Decision-Making, Jamie Abrams
Articles in Law Reviews & Other Academic Journals
This article considers why there is not more conflict between women and their doctors in obstetric decision-making. While patients in every other medical context have complete autonomy to refuse treatment against medical advice, elect high-risk courses of action, and prioritize their own interests above any other decision-making metric, childbirth is viewed anomalously because of the duty to the fetus that the state and the doctor owe at birth. Many feminist scholars have analyzed the complex resolution of these conflicts when they arise, particularly when the state threatens to intervene to override the birthing woman’s autonomy. This article instead considers the …
A Home With Dignity: Domestic Violence And Property Rights, Margaret E. Johnson
A Home With Dignity: Domestic Violence And Property Rights, Margaret E. Johnson
All Faculty Scholarship
This Article argues that the legal system should do more to address intimate partner violence and each party's need for a home for several reasons. First, domestic violence is a leading cause of individual and family homelessness. Second, the struggle over rights to a shared home can increase the violence to which the woman is subjected. And third, a woman who decides to continue to live with the person who abused her receives little or no legal support, despite the evidence that this decision could most effectively reduce the violence. The legal system's current failings result from its limited goals-achieving …
Aborted Emotions: Regret, Relationality, And Regulation, Jody Lyneé Madeira
Aborted Emotions: Regret, Relationality, And Regulation, Jody Lyneé Madeira
Michigan Journal of Gender & Law
Regret is a deeply contested emotion within abortion discourse. It is present in ways that we are both afraid of and afraid to talk about. Conventional pro-life and pro-choice narratives link regret to defective decision making. Both sides assert that the existence of regret reveals abortion’s harmfulness or harmlessness, generating a narrow focus on the maternal-fetal relationship and women’s “rights.” These incomplete, deeply flawed constructions mire discourse in a clash between regret and relief and exclude myriad relevant relationships. Moreover, they distort popular understandings of abortion that in turn influence women, creating cognitive dissonance and perhaps distress for those with …