Law Commons^™

Abortion Rights (Symposium: The Supreme Court And Local Government Law; The 1989-90 Term), Eileen Kaufman

Eileen Kaufman

No abstract provided.

Abortion Rights (Symposium: The Supreme Court And Local Government Law; The 1989-90 Term), Eileen Kaufman

Eileen Kaufman

No abstract provided.

Religion In The Abortion Discourse In Singapore: A Case Study Of The Relevance Of Religious Arguments In Law-Making In Multi-Religious Democracies, Seow Hon Tan

Research Collection Yong Pung How School Of Law

The article discusses the social issue on religion in the abortion discourse in Singapore. It mentions the relevance of religious arguments in law-making in multi-religious democracies. It notes that laws on abortion vary across different jurisdictions, like prohibiting abortion under all circumstances to freely allowing it without restriction as to reason.

A Tale Of Two Families -- Red Families V. Blue Families: Legal Polarization And The Creation Of Culture By Naomi Cahn & June Carbone, Rachel Rebouché

UF Law Faculty Publications

In their thought-provoking book, Red Families v. Blue Families: Legal Polarization and the Creation of Culture, Naomi Cahn and June Carbone examine conflicting views on family formation in the "culture war." Mirroring the electoral maps of 2004 and 2008, the authors contend that regional differences between Republican and Democrat voters correspond to deeply held beliefs about family values. The "blue" family paradigm is essentially liberal: It stresses individual equality, tolerance of diverse lifestyles, and a role for government in helping people achieve educational and economic success. "Red" families are conservative. They value tradition, as expressed in religious beliefs or longstanding …

Sticks And Stones May Break Your Bones ... But Words May Break The Bank: Monetary Damages For 'True Threats' And The Future Of Free Speech After Planned Parenthood Of The Columbia/Willamette V. American Coalition Of Life Activists, Randall D. Nicholson

Golden Gate University Law Review

This Note is divided into five parts. Part I introduces the plaintiffs and defendants in Planned Parenthood and provides a detailed description of the content of the posters as well as the other evidence used to find the defendants liable for threatening speech. Part II presents a brief description of the details of, and impetus for, the enactment of the Freedom of Access to Clinic Entrances Act ("FACE"), as the act provides the basis for liability. To highlight that the majority's position in Planned Parenthood did not comport with current First Amendment jurisprudence, Part III analyzes the major decisions handed …

X Marks The Spot While Casey Strikes Out: Two Controversial Abortion Decisions, Sabina Zenkich

Golden Gate University Law Review

This article studies and defines abortion law in Ireland after X and in the United States after Casey. It addresses how these decisions affect Irish and American women's rights, respectively, to secure an abortion. It also scrutinizes the justices' opinions and criticizes the reasoning for their holdings. This article argues that both Courts changed their nations' straightforward abortion laws to reach decisions that the courts felt would be more palatable to their respective political constituencies and satisfy their own subjective beliefs. On the one hand, the Irish court declined to abide by the traditionally conservative position denying abortion rights as …

Constitutional Law - Zal V. Steppe: Ninth Circuit Approval Of An In Limine Ban Of Specific Words, Kathleen K. Mcginn

Golden Gate University Law Review

No abstract provided.

The Constitutionality Of California's Parental Consent To Abortion Statute, Malena R. Calvin

Golden Gate University Law Review

In order to determine the constitutionality of California's parental consent statute, this article will first discuss the implications of Roe. Second, this article will analyze United States Supreme Court decisions which have addressed parental consent statutes. Third, this paper will demonstrate that California's parental consent statute would be considered constitutional under the Supreme Court cases which have addressed such statutes. Fourth, this paper will consider the implications of California's state constitution. Based on this analysis, this paper will establish that despite a finding of constitutionality under federal law, California's parental consent statute appears to violate the express right to privacy …

The Establishment Clause Argument For Choice, David R. Dow

Golden Gate University Law Review

Although the Court's opinion in Roe has been subjected to substantial criticism, with its attention to the issue of viability coming under attack as an egregious instance of judicial legislation, any constitutional discussion of the abortion issue must begin with Roe itself. I do not propose to defend the jurisprudential analysis in Roe. Instead, my aim is to suggest that the majority's historical survey of the significance attributed by our culture to the moment of viability adumbrates the distinction between cultural and religious values that I propose in this essay. My argument proceeds as follows. Part I of this essay …

Survey: Women And California Law, Michele Modena-Kurpinsky

Golden Gate University Law Review

This survey of California case law and legislation is a regular feature of the Women's Law Forum. The survey summarizes recent California Supreme Court decisions, courts of appeal decisions, and new legislation which are of special importance to women. The focus of the survey is on presenting issues most pertinent to women, rather than on analyzing all issues raised in each case or bill. The survey period for cases in this issue is March 1, 1981 through February 28, 1982. Summaries of significant legislation enacted between October 1, 1980 and December 31, 1981 are also included.

Committee To Defend Reproductive Rights V. Myers: Procreative Choice Guaranteed For All Women, Alison Erca

Golden Gate University Law Review

This Note will trace the development of the right to privacy as applied to abortion funding and as interpreted by the United States and California Supreme Courts. Although both courts have recognized the physical and psychological harm from forced childbearing or parenting, only the California court has been willing to unequivocally acknowledge the enormous implications on a woman's education, employment and associational opportunities. For a woman, the right to privacy, inherent in the decision whether or not to bear a child, is essential for personal control of her body. Unlike the United States Supreme Court, the C.D.R.R. court has asserted …

Parental Notification: A State-Created Obstacle To A Minor Woman's Right Of Privacy, Susan A. Bush

Golden Gate University Law Review

This Comment argues that parental notification statutes unduly burden a minor woman's right of privacy as they impose a state-created obstacle to minor women who wish to exercise their right to have an abortion. This right means very little if state regulations or restrictions make access to abortions difficult or impossible. The interests that such regulations seek to protect - the health of the minor and the parent-child relations - are not served by parental notification. The health consequences for minor women who bear children are severe and the psychological health of minor women can be detrimentally affected by requiring …

Self-Conscious Dicta: The Origins Of Roe V. Wade's Trimester Framework, Randy Beck

Randy Beck

One of the controversies arising from Roe v. Wade (1973) has concerned whether the conclusions undergirding the opinion's “trimester framework” should be considered part of the holding of the case, or instead classified as dicta. Different Supreme Court opinions have spoken to this question in different ways. This article reviews materials from the files of Justices who participated in Roe, seeking insight as to what the Court thought about the issue at the time.

The article concludes that Justices in the Roe majority understood the opinion’s trimester framework to consist largely of dicta, unnecessary to a ruling on the constitutionality …

The Absence Of Penological Rationale In The Restrictions On The Rights Of Incarcerated Women, Thomas M. Blumenthal, Kelly M. Brunie

University of Arkansas at Little Rock Law Review

No abstract provided.

Embryo Fundamentalism, June Carbone, Naomi Cahn

William & Mary Bill of Rights Journal

No abstract provided.

Roe V Nebbia: Could Roe Be In Constitutional Jeopardy?, R. Morris Coats, Victor Parker, Shane Sanders, Bhavneet Walia

Shane D. Sanders

This study provides a positive analysis of abortion price regulation. Given Court precedent on the issues of abortion and state price regulation, the implementation of an abortion price control would create a potential legal conundrum. The price of abortion best meeting a state’s needs may affect incidence of legal abortion as would a direct market limitation or ban. Abortion price controls are evaluated with respect to relevant issues of liberty and confiscation. Given the Court's allowance of abortion as a marketable service allocated by a (restrictive) price mechanism, it is ambiguous and confounding that a state-controlled abortion price would present …

Richmond Medical Center For Women V. Herring, Taylor Towe Denslow

South Carolina Law Review

No abstract provided.

Harvey Milk, Jane Roe, And James Brady: Why Civic Organizing Matters, Palma Joy Strand

palma joy strand

This Article presents a view of the civic underpinnings of law by examining how civic interaction or the lack of such interaction facilitates or inhibits sociolegal change. The Article begins with empirical observations of civic experience and engagement, which ground more general conclusions about the importance of civic relationships and civic networks as well as the way personal stories contribute to the creation of both. The Article then applies these conclusions to three currently contentious and unsettled issues: gay rights, abortion, and guns. As to gay rights, the “coming out” process identified with Harvey Milk has transformed the civic landscape, …

Exposing The Underground Establishment Clause In The Supreme Court’S Abortion Cases, Justin S. Murray

Justin S Murray

In Roe v. Wade, the Supreme Court held that women have a right to abortion under the Due Process Clause of the Fourteenth Amendment. The Court reasoned toward this conclusion by importing concepts and concerns that are ordinarily associated with the Establishment Clause. This Article is the first attempt to systematically describe, and critically evaluate, the Court’s use of Establishment-Clause ideas in Roe and later abortion cases.

Some brief background is essential in order to see how the Court wove Establishment-Clause themes into the structure of its Due-Process analysis. The Due Process Clause allows the government to restrict fundamental constitutional …

Exposing The Underground Establishment Clause In The Supreme Court’S Abortion Cases, Justin S. Murray

Justin S Murray

In Roe v. Wade, the Supreme Court held that women have a right to abortion under the Due Process Clause of the Fourteenth Amendment. The Court reasoned toward this conclusion by importing concepts and concerns that are ordinarily associated with the Establishment Clause. This Article is the first attempt to systematically describe, and critically evaluate, the Court’s use of Establishment-Clause ideas in Roe and later abortion cases.

Some brief background is essential in order to see how the Court wove Establishment-Clause themes into the structure of its Due-Process analysis. The Due Process Clause allows the government to restrict fundamental constitutional …

Harvey Milk, Jane Roe, And James Brady: Why Civic Organizing Matters, Palma Joy Strand

palma joy strand

This article examines the civic underpinnings of law, examining how civic interaction or the lack of such interaction facilitates or inhibits sociolegal change. The article begins with empirical observations of civic experience and engagement, which ground more general conclusions about the importance of civic relationships and civic networks as well as the way personal stories contribute to the creation of both. The article then applies these conclusions to three currently contentious and unsettled issues: gay rights, abortion, and guns. With respect to all of these issues, the article concludes that civic organizing—the intentional creation of civic relationships and civic networks …

On Same-Sex Marriage And Matters Of Conscience, Mark Strasser

Mark Strasser

In our increasingly diverse society, it is ever-more important to teach tolerance of and respect for those having differing sexual orientations and religious beliefs. It thus might seem an ideal solution to include conscience clauses in legislation affording same-sex couples the right to marry, whereby individuals with religious qualms about being in any way associated with such marriages may be legally excused from doing so. Yet, by creating one exception specifically for same-sex marriages rather than a more generalized exception for those with religious qualms about facilitating or being associated with marriages contrary to belief, the state may be undermining …

Harvey Milk, Jane Roe, And James Brady: Why Civic Organizing Matters, Palma Joy Strand

palma joy strand

This Article presents a view of the civic underpinnings of law by examining how civic interaction or the lack of such interaction facilitates or inhibits sociolegal change. The Article begins with empirical observations of civic experience and engagement, which ground more general conclusions about the importance of civic relationships and civic networks as well as the way personal stories contribute to the creation of both. The Article then applies these conclusions to three currently contentious and unsettled issues: gay rights, abortion, and guns. As to gay rights, the “coming out” process identified with Harvey Milk has transformed the civic landscape, …

Abortion, The Undue Burden Standard, And The Evisceration Of Women's Privacy, Caitlin E. Borgmann

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Forced Labor, Revisited: The Thirteenth Amendment And Abortion, Andrew Koppelman

Faculty Working Papers

Many recent works on the Thirteenth Amendment break new ground, deploying the amendment in new and creative ways. This is not one of them. I here restate an argument I made twenty years ago, defending abortion rights on the basis of the amendment. I then consider how the work was received, offer some amendments to the argument, and conclude with some reflections on how, perhaps, it can have more influence in the future.

Los Grandes Rechazos De La Sentencia Roe V. Wade, Richard Stith

Law Faculty Publications

: Quizás mayormente a causa del poder económico de los Estados Unidos, su alta jurisprudencia constitucional suele tener mucha influencia en otros países. En particular, la sentencia de la Corte Suprema norteamericana Roe v. Wade, que declaró un derecho al aborto durante todo el embarazo, puede conducir a la legalización del aborto a petición por los grandes tribunales de otras naciones. Pero antes de intentar de andar este surco abierto por la Corte estadounidense, los otros tribunales desearán saber que la sentencia ha sido rotundamente rechazada por fuentes bastante sorprendentes. El razonamiento de Roe ha sido rechazado por los peritos …

Dangerous Terrain: Mapping The Female Body In Gonzales V. Carhart, B. Jessie Hill

Faculty Publications

The body occupies an ambiguous position within the law. It is, in one sense, the quintessential object of state regulatory and police power, the object that the state acts both upon and for. At the same time, the body is often constructed in legal discourse as the site of personhood - our most intimate, sacred, and inviolate possession. The inherent tension between these two concepts of the body permeates the law, but it is perhaps nowhere more prominent than in the constitutional doctrine pertaining to abortion. Abortion is one of the most heavily regulated medical procedures in the United States, …

Maryland's Conscience Clause: Leaving A Woman's Right To A Health Care Provider's Choice, Maria Cirincione

Journal of Health Care Law and Policy

No abstract provided.

Converging Trajectories: Interest Convergence, Justice Kennedy, And Jeannie Suk's "The Trajectory Of Trauma", Jennifer S. Hendricks

Publications

This essay responds to Jeannie Suk's recent article in the Columbia Law Review, The Trajectory of Trauma: Bodies and Minds of Abortion Discourse. Suk argues that feminists are responsible for legitimizing a paternalistic attitude towards women that came home to roost in Gonzales v. Carhart. This essay argues that Suk's critique of feminist paternalism needs to be supplemented with a discussion of traditional paternalism and its influence on how feminist advocacy enters the law. In particular, it suggests that Derrick Bell's theory of interest convergence provides a useful framework for understanding the cultural, legal, and rhetorical evidence adduced …

Contraception, Abortion, And Health Care Reform: Finding Appropriate Moral Ground, Dena S. Davis

Law Faculty Articles and Essays

In this essay, I make the argument that abortion and contraception are fundamentally different actions that occupy fundamentally different moral space, and that justify fundamentally different political action. I conclude that, while it is morally licit, even morally obligatory, for people who believe that embryos are people like us, to attempt to impede access to abortion, it is morally illicit to attempt to block access to contraception (including sterilization).