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Full-Text Articles in Law
Sexual Agreements, Susan Frelich Appleton, Albertina Antognini
Sexual Agreements, Susan Frelich Appleton, Albertina Antognini
Scholarship@WashULaw
Few would find it surprising that an agreement for sex falls outside the bounds of contract law. Prostitution—defined as an exchange of sex for money—has long been a crime, a point that courts often make in declining to enforce agreements between unmarried partners. In fact, courts routinely invalidate contracts when sex forms the basis of a couple’s bargain, whether married or not, and whether the sex is explicit or inferred from the relationship itself. A closer look at the legal treatment of sexual agreements, however, tells a more complicated story. Although courts reject sex as consideration for being “meretricious” or …
When Patients Are Their Own Doctors: Roe V. Wade In An Era Of Self-Managed Care, Yvonne F. Lindgren
When Patients Are Their Own Doctors: Roe V. Wade In An Era Of Self-Managed Care, Yvonne F. Lindgren
Faculty Works
The Supreme Court in Roe v. Wade framed the abortion right as a right to make the abortion decision in consultation with a “responsible physician.” Under this framing, doctors were cast in the role of medical “gatekeepers” to mediate patient access to abortion. In the ensuing years, the doctor-patient relationship has become the site of restrictive abortion regulations in many states. This Article argues that Roe’s framing suffers from a foundational flaw: While the gatekeeper framing may have been appropriate in the Roe era when abortion was surgical and non-clinical abortions were potentially lethal, today, medication abortion—a two-drug non-surgical regimen …