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The Illusion Of Autonomy In Women's Medical Decision-Making, Jamie Abrams Oct 2014

The Illusion Of Autonomy In Women's Medical Decision-Making, Jamie Abrams

Articles in Law Reviews & Other Academic Journals

This article considers why there is not more conflict between women and their doctors in obstetric decision-making. While patients in every other medical context have complete autonomy to refuse treatment against medical advice, elect high-risk courses of action, and prioritize their own interests above any other decision-making metric, childbirth is viewed anomalously because of the duty to the fetus that the state and the doctor owe at birth. Many feminist scholars have analyzed the complex resolution of these conflicts when they arise, particularly when the state threatens to intervene to override the birthing woman’s autonomy. This article instead considers the …


Upholding A 40-Year-Old Promise: Why The Texas Sonogram Act Is Unlawful According To Planned Parenthood V. Casey, Vicki Toscano, Elizabeth Reiter Jul 2014

Upholding A 40-Year-Old Promise: Why The Texas Sonogram Act Is Unlawful According To Planned Parenthood V. Casey, Vicki Toscano, Elizabeth Reiter

Pace Law Review

This Article begins with a brief review in Part II of the three crucial Supreme Court cases on abortion rights: Roe v. Wade, Planned Parenthood of Southeastern Pennsylvania v. Casey, and Gonzalez v. Carhart. Based on these cases, Part III formulates a constitutional test that courts should be using to determine whether an abortion regulation is constitutional that includes all of the factors identified by the Supreme Court as part of the “undue burden” analysis, factors that have been overlooked by many courts. Finally, Part IV applies this constitutional test to the Texas Sonogram Act, concluding that the act is …


Why Strive For Balance In A Roe Symposium?, Samuel W. Calhoun May 2014

Why Strive For Balance In A Roe Symposium?, Samuel W. Calhoun

Samuel W. Calhoun

No abstract provided.


Prenatal Caretaking: Limits Of State Intervention With And Without Roe, Sharon E. Rush May 2014

Prenatal Caretaking: Limits Of State Intervention With And Without Roe, Sharon E. Rush

Sharon E. Rush

With or without Roe, difficult questions regarding the state's role in prenatal caretaking remain. Unless the Supreme Court addresses the assumptions underlying the abortion controversy, overruling Roe would not resolve the problem of allocating decisionmaking responsibility between the woman and the state during the woman's pregnancy. Fundamental constitutional questions about life and death, parental authority over the fetus, and the scope of the woman's right of privacy outside of abortion have not been answered by the Supreme Court.


Abortion And The Constitutional Right (Not) To Procreate, Mary Ziegler May 2014

Abortion And The Constitutional Right (Not) To Procreate, Mary Ziegler

University of Richmond Law Review

No abstract provided.


Overcoming Barriers To The Protection Of Viable Fetuses, Randy Beck Apr 2014

Overcoming Barriers To The Protection Of Viable Fetuses, Randy Beck

Scholarly Works

I start this Article from the premise that the Court was correct in Roe v. Wade concerning the significance of fetal viability. I assume for the sake of argument that viability is a momentous point in pregnancy and that “logical and biological justifications” support a compelling state interest in protecting the lives of fetuses that have crossed the viability threshold. The goal of this Article is to highlight factors that individually and in concert significantly hinder legislative attempts to preserve the lives of viable fetuses, and to identify measures that, if permitted by the courts, could facilitate the pursuit of …


Emergency Contraceptives Or "Abortion-Inducing" Drugs? Empowering Women To Make Informed Decisions, Ryan M. Hrobak, Robin Fretwell Wilson Mar 2014

Emergency Contraceptives Or "Abortion-Inducing" Drugs? Empowering Women To Make Informed Decisions, Ryan M. Hrobak, Robin Fretwell Wilson

Washington and Lee Law Review

No abstract provided.


If The Purpose Fits: The Two Functions Of Casey'S Purpose Inquiry, Priscilla J. Smith Mar 2014

If The Purpose Fits: The Two Functions Of Casey'S Purpose Inquiry, Priscilla J. Smith

Washington and Lee Law Review

No abstract provided.


Roe'S Effects On Family Law, Lynne Marie Kohm Mar 2014

Roe'S Effects On Family Law, Lynne Marie Kohm

Washington and Lee Law Review

No abstract provided.


Re-Reading Roe V. Wade, Richard S. Myers Mar 2014

Re-Reading Roe V. Wade, Richard S. Myers

Washington and Lee Law Review

No abstract provided.


Keynote Address: Untying The Moral Knot Of Abortion, Caitlin E. Borgmann Mar 2014

Keynote Address: Untying The Moral Knot Of Abortion, Caitlin E. Borgmann

Washington and Lee Law Review

No abstract provided.


The Consequences Of Abortion Restrictions For Women's Healthcare, Maya Manian Mar 2014

The Consequences Of Abortion Restrictions For Women's Healthcare, Maya Manian

Washington and Lee Law Review

No abstract provided.


Overcoming Barriers To The Protection Of Viable Fetuses, Randy Beck Mar 2014

Overcoming Barriers To The Protection Of Viable Fetuses, Randy Beck

Washington and Lee Law Review

No abstract provided.


Why Strive For Balance In A Roe Symposium?, Samuel W. Calhoun Mar 2014

Why Strive For Balance In A Roe Symposium?, Samuel W. Calhoun

Washington and Lee Law Review

No abstract provided.


The Medical Assumption At The Foundation Of Roe V. Wade And Its Implications For Women's Health, Clarke Forsythe Mar 2014

The Medical Assumption At The Foundation Of Roe V. Wade And Its Implications For Women's Health, Clarke Forsythe

Washington and Lee Law Review

No abstract provided.


Abortion Exceptionalism And Undue Burden Preemption, Caitlin E. Borgmann Mar 2014

Abortion Exceptionalism And Undue Burden Preemption, Caitlin E. Borgmann

Washington and Lee Law Review

No abstract provided.


Roe, Casey, And Sex-Selection Abortion Bans, Thomas J. Molony Mar 2014

Roe, Casey, And Sex-Selection Abortion Bans, Thomas J. Molony

Washington and Lee Law Review

No abstract provided.


Abortion Distortions, Caroline Mala Corbin Mar 2014

Abortion Distortions, Caroline Mala Corbin

Washington and Lee Law Review

No abstract provided.


Previability Abortion And The Pain Of The Unborn, Teresa S. Collett Mar 2014

Previability Abortion And The Pain Of The Unborn, Teresa S. Collett

Washington and Lee Law Review

No abstract provided.


Virginia's Targeted Regulations Of Abortion Providers: The Attempt To Regulation Abortion Out Of Existence, Katharine Greenier, Rebecca Glenberg Mar 2014

Virginia's Targeted Regulations Of Abortion Providers: The Attempt To Regulation Abortion Out Of Existence, Katharine Greenier, Rebecca Glenberg

Washington and Lee Law Review

No abstract provided.


Innocent Burdens, James Edwin Mahon Mar 2014

Innocent Burdens, James Edwin Mahon

Washington and Lee Law Review

No abstract provided.