Law Commons^™

Prochoicelife: Asking Who Protects Life And How -- And Why It Matters In Law And Politics, Reva Siegel

Indiana Law Journal

In this Essay I reason from a “prochoicelife” perspective that asks whether government protects new life by means that respect women’s reproductive decisions. I develop a framework that allows us to compare the policies for protecting new life that governments choose and the values they demonstrate. This Essay’s critical framework connects policies on sexual education, contraception, abortion, health care, income assistance, and the accommodation of pregnancy and parenting in the workplace. It shows that some jurisdictions protect new life selectively, favoring policies for protecting new life that restrict women’s reproductive decisions over policies that respect women’s reproductive decisions.

This Essay …

State Court Protection Of Reproductive Rights: The Past, The Perils, And The Promise, Dawn E. Johnsen

Articles by Maurer Faculty

No abstract provided.

Conceiving Of Products And The Products Of Conception: Reflections On Commodification, Consumption, Art, And Abortion, Jody L. Madeira

Articles by Maurer Faculty

This paper rejects the dichotomy between patient and consumer roles and focuses instead on how attributes of each are meaningful to those seeking health care. Arguing that health care is already commodified, it suggests that both medicine and the market offer strategies for handling commodification. The important questions are how we understand these attributes and their role in care relationships, and which attributes we should encourage. The medical profession and patient role have long accommodated commodification, using fiduciary roles, flat fees and opaque pricing to distance payment and pricing from care provision. In contrast, the market and consumer role emphasize …

Woman Scorned?: Resurrecting Infertile Women's Decision-Making Autonomy, Jody L. Madeira

Articles by Maurer Faculty

Legal scholarship portrays women as reproductive decision makers in conflicting ways. The distinctions between depictions of infertile women and women considering abortion are particularly striking. A woman seeking infertility treatment, even one who faces no legal obstacles, is often portrayed as so emotionally distraught and desperate that her ability to give informed consent is potentially compromised. Yet, the legal academy has roundly rejected similar stereotypes of pregnant women considering abortion, depicting them as confident and competent decision makers. This Article argues that legal scholars' use of a "desperate woman" stereotype denies women's ability to critically assess the health risks and …

Resolving Conflicts Of Constitution: Inside The Dominican Republic's Constitutional Ban On Abortion, Mia So

Indiana Law Journal

No abstract provided.

Book Review. Fetal Protection In The Workplace And At Women's Expense, Julia C. Lamber

Articles by Maurer Faculty

No abstract provided.

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

Articles by Maurer Faculty

No abstract provided.

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

Articles by Maurer Faculty

No abstract provided.

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

Articles by Maurer Faculty

No abstract provided.

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

Articles by Maurer Faculty

No abstract provided.

Constitutional Reflections On Abortion Reform, Patrick L. Baude

Articles by Maurer Faculty

No abstract provided.