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Duke Law Journal

Abortion

Articles 1 - 6 of 6

Full-Text Articles in Law

Abandonment And Reconciliation: Addressing Political And Common Law Objections To Fetal Homicide Laws, Douglas S. Curran Mar 2009

Abandonment And Reconciliation: Addressing Political And Common Law Objections To Fetal Homicide Laws, Douglas S. Curran

Duke Law Journal

Fetal homicide laws criminalize killing a fetus largely to the same extent as killing any other human being. Historically, the common law did not generally recognize feticide as a crime, but this was because of the evidentiary "born-alive" rule, not because of the substantive understanding of the term "human being." As medicine and science have advanced, states have become increasingly willing to abandon this evidentiary rule and to criminalize feticide as homicide. Although most states have recognized the crime of fetal homicide, fourteen have not. This is largely the result of two independent obstacles: (judicial) adherence to the born-alive rule …


Is Self-Abortion A Fundamental Right?, Suzanne M. Alford Mar 2003

Is Self-Abortion A Fundamental Right?, Suzanne M. Alford

Duke Law Journal

No abstract provided.


Legitimacy And The Empowerment Of Discretionary Legal Authority: The United States Supreme Court And Abortion Rights, Tom R. Tyler, Gregory Mitchell Feb 1994

Legitimacy And The Empowerment Of Discretionary Legal Authority: The United States Supreme Court And Abortion Rights, Tom R. Tyler, Gregory Mitchell

Duke Law Journal

No abstract provided.


An Equal Protection Analysis Of United States Reproductive Health Policy: Gender, Race, Age, And Class, Ruth Colker Apr 1991

An Equal Protection Analysis Of United States Reproductive Health Policy: Gender, Race, Age, And Class, Ruth Colker

Duke Law Journal

No abstract provided.


The Prize And The Price Of Individual Agency: Another Perspective On Abortion And Liberal Government, Kimberly Sharron Dunn Feb 1990

The Prize And The Price Of Individual Agency: Another Perspective On Abortion And Liberal Government, Kimberly Sharron Dunn

Duke Law Journal

No abstract provided.


Closing The Circle Of Constitutional Review From Griswold V. Connecticut To Roe V. Wade: An Outline Of A Decision Merely Overruling Roe, William Van Alstyne Dec 1989

Closing The Circle Of Constitutional Review From Griswold V. Connecticut To Roe V. Wade: An Outline Of A Decision Merely Overruling Roe, William Van Alstyne

Duke Law Journal

No abstract provided.