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Articles 1 - 12 of 12
Full-Text Articles in Law
After Farley V. Sartin: The Consequences Of Declaring A Nonviable Fetus A Person For The Purpose Of Wrongful Death, Stacie L. Lude
After Farley V. Sartin: The Consequences Of Declaring A Nonviable Fetus A Person For The Purpose Of Wrongful Death, Stacie L. Lude
West Virginia Law Review
No abstract provided.
Moral Discourse, Bioethics, And The Law, Carl E. Schneider
Moral Discourse, Bioethics, And The Law, Carl E. Schneider
Articles
Dan Callahan follows a distinguished tradition when he uses the phrase "moral discourse" to describe the law's work. The frequency with which that image is deployed suggests its resonance and even rightness: When we think about the way society considers moral issues and develops moral positions, it can be useful to imagine the law as one of many social institutions that contribute to a social discussion. Nevertheless, this image is misleading. At least for our (graying and balding) genera- tions, the law is regarded as a worthy participant in American moral discourse preeminently because of its part in the civil …
Section 3: First Amendment, Institute Of Bill Of Rights Law, William & Mary Law School
Section 3: First Amendment, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Reading Casey: Structuring The Woman's Decisionmaking Process, Robert D. Goldstein
Reading Casey: Structuring The Woman's Decisionmaking Process, Robert D. Goldstein
William & Mary Bill of Rights Journal
In this Article, Professor Goldstein argues that the primary concerns of Planned Parenthood v. Casey's joint opinion were expressive, not regulatory, in nature: to allow the state more leeway to structure the woman's decisionmaking process and to engage in its own speech regarding her exercise of her procreative choice. To this end, he identifies three models by which the state can engage in such structuring: the autonomy informed consent model, the dialogical model, and the government speech model. He then analyzes Casey in light of each model to understand what limits Casey places on state abortion regulation. He also develops …
Are The Similarities Between A Woman's Right To Choose An Abortion And The Alleged Right To Assisted Suicide Really Compelling?, Marc Spindelman
Are The Similarities Between A Woman's Right To Choose An Abortion And The Alleged Right To Assisted Suicide Really Compelling?, Marc Spindelman
University of Michigan Journal of Law Reform
In this Article, Marc Spindelman examines the relationship between abortion and assisted suicide. He begins his discussion with the constitutional framework within which courts should consider the assertion that the Due Process Clause of the Fourteenth Amendment protects an individual's decision to commit assisted suicide. The Author then considers and, based on relevant Supreme Court doctrine, rejects the conception of personal autonomy that undergirds the claimed constitutional right to assisted suicide. Finally, the Author points out some legal and cultural distinctions between abortion and assisted suicide, arguing that these distinctions offer courts good reasons for holding that the Fourteenth Amendment's …
Cheffer V. Reno: Is The Regulation Of Abortion Clinic Protests The Regulation Of Interstate Commerce, John M. Scheib
Cheffer V. Reno: Is The Regulation Of Abortion Clinic Protests The Regulation Of Interstate Commerce, John M. Scheib
Villanova Law Review
No abstract provided.
China's Denial Of Tibetan Women's Right To Reproductive Freedom, Eva Herzer, Sara B. Levin
China's Denial Of Tibetan Women's Right To Reproductive Freedom, Eva Herzer, Sara B. Levin
Michigan Journal of Gender & Law
This Article first provides a historical account of the social and political context of the PRC's family planning policies in Tibet. Part B describes the PRC's official family policies from 1982 to the present. Part C discusses the PRC's actual practices, including its population quota controls, focusing on the forced and coerced abortions and sterilizations performed on Tibetan women. Part D applies international human rights law and concludes that the PRC's family planning policy, as implemented, violates international human rights laws. The Article concludes by recommending points of action for the PRC and international community to address these human rights …
Reservations About Women: Population Policy And Reproductive Rights, Paula Abrams
Reservations About Women: Population Policy And Reproductive Rights, Paula Abrams
Cornell International Law Journal
No abstract provided.
Ireland's Abortion Information Act Of 1995, Keith S. Koegler
Ireland's Abortion Information Act Of 1995, Keith S. Koegler
Vanderbilt Journal of Transnational Law
On May 12, 1995, the Supreme Court of Ireland upheld an act making it legal to disseminate information concerning abortion services abroad, provided that the information does not advocate or promote the termination of the pregnancy. While the Abortion Information Act of 1995 is likely to make it easier for an Irish woman to obtain an abortion overseas, it does not change the circumstances under which a woman may obtain an abortion in Ireland. Under the Eighth Amendment to the Irish Constitution, as interpreted by the Irish Supreme Court, abortion is illegal except where the pregnancy poses a substantial risk …
Restricting Donative Choice: Fetal Tissue Transplantation And Respect For Human Life, Joanna H. Kinney
Restricting Donative Choice: Fetal Tissue Transplantation And Respect For Human Life, Joanna H. Kinney
Journal of Law and Health
I propose that a woman who becomes pregnant with the intent to abort will be treated as an initial aggressor, and as such she will be denied the "abortion exception" that will be granted to the woman who aborts an accidental, unwanted pregnancy. Moreover, I shall argue that a woman should not be allowed to designate the donee of the fetal tissue from her abortion, even though her pregnancy was accidental. Without this restriction, a woman who intends to become pregnant and abort may simply claim her pregnancy was accidental, and thereby claim the exception. Central to this study is …
The Politics Of Human-Embryo Research: Avoiding Ethical Gridlock, George J. Annas
The Politics Of Human-Embryo Research: Avoiding Ethical Gridlock, George J. Annas
Faculty Scholarship
[...]abortion is about more than politics; it is fundamentally about ethics, morals, equality, and religion, and how we think about abortion reveals much about how we are likely to think about other life-and-death issues in contemporary American medical practice. Because politics as currently practiced seems so unprincipled, there have been sporadic attempts to redefine abortion-related issues as ethical questions and to set up national panels and advisory groups to examine various practices and make recommendations about their ethics.
Book Review. Fetal Protection In The Workplace And At Women's Expense, Julia C. Lamber
Book Review. Fetal Protection In The Workplace And At Women's Expense, Julia C. Lamber
Articles by Maurer Faculty
No abstract provided.