Family Law Commons^™

Location And Life: How Stenberg V. Carhart Undercut Roe V. Wade, Richard Stith

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

No abstract provided.

Jon O. Newman And The Abortion Decisions: A Remarkable First Year, Andrew D. Hurwitz

NYLS Law Review

No abstract provided.

Griswold, The Fda, And The State Legislator: The Regulation Of Mifeprex, Paige Kremser

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

No abstract provided.

Rights Discourse And Neonatal Euthanasia, Carl Schneider

Book Chapters

At the heart of our difficulty in approaching neonatal euthanasia lie the intractable questions it raises: What is human life? When is death preferable to life? What do parents owe their children? What does society owe the suffering? Those moral questions could hardly be more perplexing, yet they are further complicated when they must be resolved not informally and case by case, but through generally applicable social rules. This is so for numerous reasons. For instance, the wide range of deeply held opinions about neonatal euthanasia makes rules hard to formulate, and the wide range of factual situations in which …

State-Compelled Fetal Surgery: The Viability Test Is Not Viable, Krista L. Newkirk

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

No abstract provided.

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 …

The Pressure Of Precedent: A Critique Of The Conservative Approaches To Stare Decisis In Abortion Cases, Michael J. Gerhardt

Faculty Publications

No abstract provided.

The "Gag Rule" Revisited: Physicians As Abortion Gatekeepers, Maxwell Gregg Bloche

Georgetown Law Faculty Publications and Other Works

To the surprise of many and the dismay of some, the U.S. Supreme Court took it upon itself last term to proclaim a national compromise on the question of abortion. The Court's announced truce, an elaboration on Justice O'Connor's "undue burden" idea, is pragmatic in design but unlikely to prove stable in practice. The three justices who spoke for the Court disparaged Roe with reluctant praise, then upheld its outer shell on the ground that social expectations and the need to sustain the appearance of the rule of law made it impolitic to do otherwise. This awkward doctrinal invention seems …

Due Process

Touro Law Review

No abstract provided.

Getting The Facts: Empirical Evaluation And The Constitutionality Of Pre-Abortion Parental Notification Statutes, Stephen J. Anderer

Villanova Law Review (1956 - )

No abstract provided.

Book Review Of Abortion And Divorce In Western Law, Joan M. Krauskopf

Journal of Legal Education

No abstract provided.

Book Review. Abortion And Divorce In Western Law By Mary Ann Glendon, Lauren K. Robel

Articles by Maurer Faculty

In this book, Professor Mary Ann Glendon contends that the American commitment to individualism and rights has deprived our law of compassion in the areas of abortion and divorce. She argues that while western European countries tell their citizens that their decisions about family are important to the larger society, American law takes extreme and damaging positions that isolate people at times when the community has an interest in their acts. Much of the book is a gentle and persuasive reminder that America lacks any semblance of a national family policy, an omission that looks heartless in comparison to Europe. …

Who Decides--The Next Abortion Issue: A Discussion Of Fathers' Rights, Maria F. Walters

West Virginia Law Review

No abstract provided.

Parental Notification And Abortion: A Review And Recommendation To West Virginia's Legislature, David W. Frame West Virginia University College Of Law

West Virginia Law Review

No abstract provided.

Abortion—Whose Decision?, Geoffrey Bennett, Christina M. Lyon

Journal Articles

Major Points

• The decision in Paton v. Trustees of B.P.A.S.
• Does a husband's "veto power" exist in English Law?
• The rights of the Foetus in English Law
• The rights of the "illegitimate father"
• The American position
• Some reflections

Abortion—The Female, The Foetus And The Father, Geoffrey Bennett, Christina M. Lyon

Journal Articles

The recent case of Paton v. Trustees of B.P.A.S. raised an issue never previously canvassed before an English court, namely: does a husband have any rights in English law to prevent his wife having a lawful abortion within the terms of the Abortion Act 1967? Apart from its interest as a case of first impression in an area of the law which has never been devoid of controversy, the case raised directly or by implication fundamental questions about the control of family life and the rights and duties of those in any way connected with it. Should the final decision …

Parental Consent Abortion Statutes: The Limits Of State Power, Barbara Freedman Wand

Indiana Law Journal

No abstract provided.

Abortion Reform, Richard D. Lamm, Steven A.G. Davison

All Faculty Scholarship

No abstract provided.

Abortion And Legal Rationality, John M. Finnis

Journal Articles

This article concerns the legitimacy of various legal schemes for dealing with abortion. Legitimacy in one sense is secured simply by complying with the formal criteria for valid law-making: enactment within power and in due form. But jurists have learned (or re-learned) that more can be said about legitimacy, without betraying the purity of their discipline by moralizing and advocacy. From this development in jurisprudential thought emerges the range of questions and criteria deployed in the present study.

Population Policies Of State Governments In The United States: Some Preliminary Observations, Edwin D. Driver

Villanova Law Review (1956 - )

No abstract provided.