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Full-Text Articles in Law
Saving Roe Is Not Enough: When Religion Controls Healthcare, Susan Berke Fogel, Lourdes A. Rivera
Saving Roe Is Not Enough: When Religion Controls Healthcare, Susan Berke Fogel, Lourdes A. Rivera
Fordham Urban Law Journal
This article advocates for legislative action against the "religious exemptions" or "conscience clauses" used by religiously-affiliated healthcare facilities, particular in the context of refusing abortion, sterilization, and other reproductive health services. Among other recommendations, the authors call for religious exemptions on the individual rather than institutional level; that the religious exemption be disallowed in rural areas or situations where reasonable alternatives are unavailable; and a requirement that complete, medically accurate information be made available regardless of a religious exemption.
Econometric Analyses Of U.S. Abortion Policy: A Critical View, Jonathan Klick
Econometric Analyses Of U.S. Abortion Policy: A Critical View, Jonathan Klick
Fordham Urban Law Journal
This article surveys, in non-technical language, various econometric studies on the correlation between changes in access to abortion (whether through legalization, increased public funding, increased safety, etc.) and social phenomena such as sexual activity, crime, and opportunities for women. It argues that many econometrics-based abortion studies are contentious, often yielding varying results depending on the stakes of those commissioning the studies, and often too technical to be useful to policy-makers. As a result of these shortcomings, the author calls for methodological soundness and publication for a more general audience for those social scientists who want to enter the reproductive rights …
The Abortion Debate Thirty Years Later: From Choice To Coercion, Maureen Kramlich
The Abortion Debate Thirty Years Later: From Choice To Coercion, Maureen Kramlich
Fordham Urban Law Journal
This article critiques the notion of abortion as a "positive liberty." The author argues that the court's holding in Roe v. Wade created a negative right to abortion, meaning that an individual seeking an abortion is merely protected from government interference. Over time, "pro-abortion" advocates have sought a positive right to access an abortion, including government funding. The author finds this position problematic and outside the scope of Roe, particularly as it erodes religious healthcare providers' right to refuse to perform the procedure.