Law Commons^™

Abortion/Reproductive Rights, Sandra Klein

Sandra S. Klein

The issue of a woman's right to choose whether or not to continue with a pregnancy has proven to be complicated for many reasons, not the least of which is the implications for a person's right to do with her body as she sees fit. The bibliography that follows provides the researcher with an in depth look at this issue, with an emphasis on the privacy aspects.

Universal Arguments And Particular Arguments On Abortion Rights, Stuart Chinn

Maryland Law Review

No abstract provided.

Informed Decision Making On Abortion: Crisis Pregnancy Centers, Clinics, And The First Amendment, Aziza Ahmed

Faculty Scholarship

Shifting laws and regulations increasingly displace the centrality of women's health concerns in the provision of abortion services. This is exemplified by the growing presence of deceptive Crisis Pregnancy Centers alongside new informed consent laws designed to dissuade women from seeking abortions. Litigation on informed consent is further complicated in the clinical context due to the increased mobilization of facts - such as the gestational age or sonogram of the fetus - delivered with the intent to dissuade women from accessing abortion. In other words, factual information utilized for ideological purpose. To preserve a woman's autonomy and decision-making capacity, there …

A Wall Of Legislative Obstacles In The Path Of A Woman Exercising Her Right To An Abortion: Planned Parenthood Arizona, Inc. V. Betlach, Angela Breslin

Golden Gate University Law Review

This Note addresses the limited impact of the Ninth Circuit’s holding in Planned Parenthood Arizona, Inc. v. Betlach, especially for women living in states hostile to abortion rights. These legislative attempts to infringe on a woman’s right to an abortion are based on opinion and emotion, not reason and common sense. An objective view of the legislation stacked against a woman in exercising her right, including legislation against physicians who provide the service, illustrates how all of these obstacles have effectively become a wall. A woman’s constitutional right should not continue to be chipped away, one state statute at …

Medical Evidence And Expertise In Abortion Jurisprudence, Aziza Ahmed

Faculty Scholarship

Medical literature on abortion largely supports pro-choice legal claims. In turn, progressive lawyers often call for “evidence-based approaches” to lawmaking on the assumption that it will produce pro-choice legal and regulatory outcomes. This article argues that the evidence-based approach is no longer a reliable or stable strategy for pro-choice lawyering given transformations in judicial treatment of medical knowledge and a shifting evidentiary base.

Drawing on landmark cases from 1973 to 2012, this article demonstrates how the Supreme Court and lower courts selectively utilize medical expertise and evidence to liberalize or constrain abortion access. With Roe v. Wade, 4 the Supreme …