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The Puzzle Of Ivf, Dena S. Davis
The Puzzle Of Ivf, Dena S. Davis
Law Faculty Articles and Essays
This essay seeks to address a puzzling element of the current political and legal struggles over abortion in the United States: if, as pro-life activists insist, embryos are morally equivalent to born, living persons, then why do these activists not oppose in vitro fertilization (IVF) as aggressively as they oppose abortion? IVF accounts for a significant number of destroyed embryos. Constitutionally, IVF appears to be a much more vulnerable target than abortion. And yet, legislative and political attempts to attack and restrict IVF are few, while attempts to erode women's capability to terminate pregnancies are a constant feature of our …
A Feminist Understanding Of Sex-Selective Abortion: Solely A Matter Of Choice, April L. Cherry
A Feminist Understanding Of Sex-Selective Abortion: Solely A Matter Of Choice, April L. Cherry
Law Faculty Articles and Essays
This essay consists of five sections. The first section describes the problem of sex-selective abortion, including an analysis of sociological data regarding adult preference for male children and its current effects. Section Two discusses various philosophical paradigms and analyses of sex-selective abortion with the goal of developing a coherent philosophical base from which to argue for a policy regarding sex-selective abortion which furthers the goals of gender equality. Section Three addresses the constitutionality of sex-selective abortion prohibitions in light of the Supreme Court's pronouncement in Planned Parenthood of Southeastern Pennsylvania v. Casey. Section Four outlines the liberal feminist response to …
The Road Not Taken: State Constitutions As An Alternative Source Of Protection For Reproductive Rights, Kevin F. O'Neill
The Road Not Taken: State Constitutions As An Alternative Source Of Protection For Reproductive Rights, Kevin F. O'Neill
Law Faculty Articles and Essays
Lawyers seeking constitutional protection for reproductive rights have relied almost exclusively on a liberty/privacy theory under the Federal Constitution. In the wake of Planned Parenthood of Southeastern Pennsylvania v. Casey, this theory may be seen as providing a floor of minimum protection-preventing states from banning abortion outright. But it is not strong enough to prevent states from enacting restrictions on the availability of abortion. Thus, the battle over reproductive rights may be seen as shifting from one phase ("Can abortion be banned?") to another ("How far can states go in restricting access to abortion'?"). If proponents of reproductive freedom are …