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Full-Text Articles in Law
What Lawrence V. Texas Says About The History And Future Of Reproductive Rights, Cynthia Dailard
What Lawrence V. Texas Says About The History And Future Of Reproductive Rights, Cynthia Dailard
Fordham Urban Law Journal
This article explores the ways in which the court's recognition of a broad zone of personal liberty in Lawrence v. Texas may serve to strengthen a woman's constitutionally protected reproductive rights in future Supreme Court decisions. Part of the author's analysis focuses on using particular Justices' opinions (and dissents) to predict the direction of future challenges to abortion rights in front of the Supreme Court.
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.
Lethal Experimentation On Human Beings: Roe's Effect On Bioethics, William L. Saunders, Jr.
Lethal Experimentation On Human Beings: Roe's Effect On Bioethics, William L. Saunders, Jr.
Fordham Urban Law Journal
Beginning with the assumption that human life begins at conception, this article explores the problematic terrain accompanying embryonic stem cell research and human cloning. "Lethal Experimentation on Human Beings," as enumerated in the article's title, refers to experimentation on and the removal of stem cells from human embryos, both of which "kill" a human being. The article warns that the holding in Roe v. Wade, which recognizes only a qualified government interest in unborn life, has obscured a pressing need for proponents of embryonic stem cell research to prove why society's interest in this research outweighs the rights of the …
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 …
Winter Count: Taking Stock Of Abortion Rights After Casey And Carhart, Caitlin E. Borgmann
Winter Count: Taking Stock Of Abortion Rights After Casey And Carhart, Caitlin E. Borgmann
Fordham Urban Law Journal
This article outlines the current landscape of the constitutional right to abortion established in Roe v. Wade. Analyzing the court's holdings in Planned Parenthood v. Casey and Stenberg v. Carhart, the author details the ways in which recognition of a government interest in potential life at any stage in a pregnancy, as well as the lofty "undue burden" standard in analyzing policies that hinder access to abortion, have eroded this right. Finally, the author stresses the Supreme Court cases' disparate impact on the abortion rights of low-income and rural dwelling women.
Casey And Its Impact On Abortion Regulation, Michael F. Moses
Casey And Its Impact On Abortion Regulation, Michael F. Moses
Fordham Urban Law Journal
Given the Supreme Court's shift from a strict scrutiny standard to an "undue burden" standard in Planned Parenthood v. Casey, this article advocates for application of the standard in a way that is deferential to state legislatures. The author finds a number of problems with the holding in Casey for which it seeks judicial and legislative action: the undue burden standard is vague; it is unclear whether the burden should be upon everyone or "some people"; and the holding allows court to strike laws that have not gone into effect, therefore evidence of their impact is "speculative."