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Articles 1 - 21 of 21
Full-Text Articles in Law
The Illusion Of Autonomy In Women's Medical Decision-Making, Jamie Abrams
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
Roe, Casey, And Sex-Selection Abortion Bans, Thomas J. Molony
Washington and Lee Law Review
No abstract provided.
Abortion Distortions, Caroline Mala Corbin
Abortion Distortions, Caroline Mala Corbin
Washington and Lee Law Review
No abstract provided.
Previability Abortion And The Pain Of The Unborn, Teresa S. Collett
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
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
Innocent Burdens, James Edwin Mahon
Washington and Lee Law Review
No abstract provided.