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Articles 1 - 9 of 9
Full-Text Articles in Law
Call Me, Beep Me, If You Want To Reach Me: Utilizing Telemedicine To Expand Abortion Access, Samantha A. Hunt
Call Me, Beep Me, If You Want To Reach Me: Utilizing Telemedicine To Expand Abortion Access, Samantha A. Hunt
Vanderbilt Law Review
In June 2022, the Supreme Court handed down its decision in Dobbs v. Jackson Women’s Health Organization. The decision confirmed what the public already knew. An anonymously leaked draft version of what ultimately became Justice Samuel Alito’s majority opinion had braced the country for Dobbs’s keyholding. Overturning decades of precedent, the Court found that there is no right to abortion in the United States Constitution. Shortly thereafter, states began implementing restrictions and near-total bans on abortion. These laws had an immediate effect on the safety of pregnant people. In Tennessee, a state where abortion is now outlawed, one woman had …
"Carhart", Constitutional Rights, And The Psychology Of Regret, Chris Guthrie
"Carhart", Constitutional Rights, And The Psychology Of Regret, Chris Guthrie
Vanderbilt Law School Faculty Publications
In "Gonzales v. Carhart", the Supreme Court upheld the Partial-Birth Abortion Ban Act. In so doing, the Court used the prospect of regret to justify limiting choice. Relying on empirical evidence documenting the four ways in which regret actually operates, this Article argues that the Court's analysis reflects a fundamental misunderstanding of the psychology of regret. By exposing the Court's misunderstanding of this emotion, this article seeks to minimize the most significant risk posed by the Carhart decision: that states will use the prospect of regret to justify additional constraints not only on the abortion right but also on other …
Assisting Minors Seeking Abortions In Judicial Bypass Proceedings: A Guardian Ad Litem Is No Substitute For An Attorney, Elizabeth S. Graybill
Assisting Minors Seeking Abortions In Judicial Bypass Proceedings: A Guardian Ad Litem Is No Substitute For An Attorney, Elizabeth S. Graybill
Vanderbilt Law Review
Since the 1973 decision in Roe v. Wade,' minors have been particularly affected by the efforts of pro-life activists and state legislatures who have curtailed abortion rights by lobbying for and passing legislation that restricts reproductive freedom. Forty-three states have enacted laws requiring a minor either to obtain consent from or to notify one or both parents before undergoing an abortion, and thirty-three of these statutes are currently enforceable. The Supreme Court has recognized the right of parents to be involved in a child's upbringing and the prerogative of the state to limit a minor's freedom to make major life …
Abortion As Commerce: The Impact Of "United States V. Lopez" On The Freedom Of Access To Clinic Entrances Act Of 1994, Benjamin W. Roberson
Abortion As Commerce: The Impact Of "United States V. Lopez" On The Freedom Of Access To Clinic Entrances Act Of 1994, Benjamin W. Roberson
Vanderbilt Law Review
American politics in the 1990s is preoccupied with the movement of power from a centralized federal authority to state and local governments. There is some measure of consensus that the federal government can no longer provide solutions to all of America's problems., The resulting retreat from the twentieth century federal monolith has interesting implications for constitutional law. The federal government's power expanded largely under the authority of the Commerce Clause. Although the traditional broad interpretation of Congress's commerce power bears little resemblance to the actual text of the Constitution, courts have accepted the notion that Congress may regulate any activity …
Ireland's Abortion Information Act Of 1995, Keith S. Koegler
Ireland's Abortion Information Act Of 1995, Keith S. Koegler
Vanderbilt Journal of Transnational Law
On May 12, 1995, the Supreme Court of Ireland upheld an act making it legal to disseminate information concerning abortion services abroad, provided that the information does not advocate or promote the termination of the pregnancy. While the Abortion Information Act of 1995 is likely to make it easier for an Irish woman to obtain an abortion overseas, it does not change the circumstances under which a woman may obtain an abortion in Ireland. Under the Eighth Amendment to the Irish Constitution, as interpreted by the Irish Supreme Court, abortion is illegal except where the pregnancy poses a substantial risk …
Book Reviews: Ethics At The Edges Of Life / Samuel Johnson, L. Harold Levinson, J. Allen Smith
Book Reviews: Ethics At The Edges Of Life / Samuel Johnson, L. Harold Levinson, J. Allen Smith
Vanderbilt Law Review
Professor Paul Ramsey,' writing as a Christian ethicist, has revised, extended, and updated the Bampton Lectures in America that he delivered in 1975 at Columbia University. The resulting book is Ethics at the Edges of Life: Medical and Legal Intersections. A substantial portion of the book is devoted to critical analysis of a number of landmark court decisions, all of which were rendered after his delivery of the Bampton lectures--Planned Parenthood v. Danforth, on abortion; Commonwealth v. Edelin, on the treatment of a fetus during or immediately after an abortion; In re Quinlan, on the termination of life support; and …
Father And Mother Know Best: Defining The Liability Of Physicians For Inadequate Genetic Counseling, Ellen Wright Clayton
Father And Mother Know Best: Defining The Liability Of Physicians For Inadequate Genetic Counseling, Ellen Wright Clayton
Vanderbilt Law School Faculty Publications
Although genetic disorders have been recognized for centuries, recent advances in the study of human genetics often permit accurate determination of the risk that parents will have genetically defective children.' When this information is available either before conception or during pregnancy, prospective parents may choose to prevent the birth of such defective children through contraception or abortion. Recently, courts have been called on to define the circumstances in which either the parents or the children should receive tort damages when parents are denied opportunities to prevent the birth of defective children because of their physicians' negligent failure to detect or …
Abortion After Roe And Doe: A Proposed Statute, Mark B. Anderson, H. Michael Bennett, Andrew D. Coleman, Peter Weiss, Richard K. Wray (Chairman)
Abortion After Roe And Doe: A Proposed Statute, Mark B. Anderson, H. Michael Bennett, Andrew D. Coleman, Peter Weiss, Richard K. Wray (Chairman)
Vanderbilt Law Review
On January 22, 1973, the United States Supreme Court ruled in Roe v. Wade' that the Texas criminal abortion statute, which proscribed all abortions except "for the purpose of saving the life of the mother,' 'violated the constitutional right of privacy. Justice Blackmun, delivering the opinion of the Court, declared that the concepts of personal liberty and restrictions on state action provided by the fourteenth amendment supported a right of privacy "broad enough to encompass a woman's decision whether or not to terminate her pregnancy."' In a companion case, Doe v. Bolton,' the Court noted several impermissible procedural as well …
Abortion Legislation: The Need For Reform, Law Review Staff
Abortion Legislation: The Need For Reform, Law Review Staff
Vanderbilt Law Review
Widespread national publicity and recent state legislative activity have focused a significant degree of national concern on a serious problem of public health and morals--the question of abortion.Surveys indicate that between 1,000,000 and 1,500,000 abortions take place annually--or, one abortion for every four to five pregnancies. The so-called "back-street abortionists," whether amateur or professional, each year cause the death of 5,000 to 10,000 women who are forced to seek their services. Because of the highly controversial nature of abortion, statutes attempting to deal with the problem stubbornly resist amendment despite widespread disregard of their provisions. Many hospitals permit abortions under …