Health Law and Policy Commons^™

Partner Notification And The Threat Of Domestic Violence Against Women With Hiv Infection, Karen H. Rothenberg, Richard L. North

Faculty Scholarship

No abstract provided.

Revisiting Roe V. Wade: Substance And Process In The Abortion Debate, Margaret G. Farrell

Indiana Law Journal

No abstract provided.

Control Of Childbearing By Hiv-Positive Women: Some Responses To Emerging Legal Policies, Suzanne Sangree

Buffalo Law Review

No abstract provided.

The Creation And Perpetuation Of The Mother/Body Myth: Judicial And Legislative Enlistment Of Norplant, Madeline Henley

Buffalo Law Review

No abstract provided.

Approval Of Ru-486 As A Postcoital Contraceptive, Kari Hanson

Seattle University Law Review

This Comment argues that if RU-486 were approved as a postcoital contraceptive rather than as an abortifacient, the drug would be of greater overall benefit to women seeking to control their fertility. To support the argument that RU-486 should be approved as a postcoital contraceptive, Part II of this Comment examines the background and development of the drug, the controversy it has engendered, and the drug's recently discovered contraceptive potential. Part III provides a short look at the process by which the FDA approves new drugs and discusses how RU-486 would likely progress through this process. Part IV begins by …

The Supreme Court's Narrow View On Civil Rights, Jack M. Beermann

Faculty Scholarship

The right to choose abortion, although recently significantly curtailed from its original scope,' is a federally protected liberty interest of women, and is at least protected against the imposition of "undue burdens" by state and local government.² Some of the most serious threats to women's ability to choose abortion have come not from government regulation, but from private, national, organized efforts to prevent abortions. In addition to seeking change through the political system, some of these organizations, most notably Operation Rescue, have focused on the providers of abortion, and have attempted to prevent abortions by forcibly closing abortion clinics …

Selling The Womb: Can The Feminist Critique Of Surrogacy Be Answered?, Katherine B. Lieber

Indiana Law Journal

No abstract provided.

National Institutes Of Health Workshop Statement. Reproductive Genetic Testing: Impact On Women, Karen H. Rothenberg, Elizabeth Thomson

Faculty Scholarship

No abstract provided.

Shared Interests: Promoting Healthy Births Without Sacrificing Women's Liberty, Dawn E. Johnsen

Articles by Maurer Faculty

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 …

Abortion Law In Canada: A Matter Of National Concern, Moira Mcconnell, Lorenne Clark

Dalhousie Law Journal

Canada's newest abortion legislation, embodied in Bill C-43, was defeated in the Senate on January 31st, 1991. The Bill sought to remedy the state of "lawlessness" which has existed respecting abortion ever since the decision reached by the Supreme Court of Canada in R. v. Morgentaler in January, 1988. However, this determination is incorrect. The law is quite clear: there is no criminal prohibition against abortion in Canada. This follows directly from the Court's holding in the Morgentaler decision that the old law, s. 287 (formerly s.251) of the Criminal Code, infringed a woman's right to security and liberty of …

Reproduction With Technology: The New Eugenics, Margaret Phillips

In the Public Interest

No abstract provided.

The Impact Of Public Abortion Funding Decisions On Lndigent Women: A Proposal To Reform State Statutory And Constitutional Abortion Funding Provisions, Carole A. Corns

University of Michigan Journal of Law Reform

This Note argues that state legislatures should relax funding restrictions on abortions for indigent women and proposes specific mechanisms to ensure the equal protection of indigent women in the abortion context. Part I briefly recounts the history of federal funding for abortions, from the liberal post-Roe funding scheme to the restrictive funding arrangements that have prevailed since the early 1980s. Part II surveys the existing literature and discusses patterns of state funding and the impact of funding restrictions on indigent women seeking abortions. This literature shows that the tightening of state funding policies subsequent to the federal Medicaid restrictions has …

Compromising On Abortion, Daniel O. Conkle

Articles by Maurer Faculty

No abstract provided.

Gestational Surrogacy And The Health Care Provider: Put Part Of The "Ivf Genie" Back Into The Bottle, Karen H. Rothenberg

Faculty Scholarship

No abstract provided.

Women And Aids - Racism, Sexism, And Classism, Taunya L. Banks

Faculty Scholarship

No abstract provided.

New York V. Sullivan: Shhh .... Don't Say The A Word - Another Outcome-Oriented Abortion Decision, 23 J. Marshall L. Rev. 753 (1990), Christopher C. Kendall

UIC Law Review

No abstract provided.

Judicial Review And Abortion In Canada: Lessons For The United States In The Wake Of Webster V. Reproductive Health Services, 61 U. Colo. L. Rev. 537 (1990), Donald L. Beschle

UIC Law Open Access Faculty Scholarship

No abstract provided.

Women In The Aids Epidemic: A Portrait Of Unmet Needs, Arlene Zarembka, Katherine M. Franke

Faculty Scholarship

While rarely a month goes by that the topic of AIDS escapes discussion in the legal literature, a survey of legal publications reveals that the implications of AIDS for women has received scant treatment by legal commentators. Unfortunately, this neglect is not unique to the legal community, but reflects a larger societal disinterest in women with AIDS.

In fact, this epidemic looks quite different from the perspective of women. The medical, social, and legal needs of women affected by AIDS are in many ways needs that preexisted AIDS, but which have been magnified by the threat and implications of HIV …

A Proposal To Illinois Legislators: Revise The Illinois Criminal Code To Include Criminal Sanctions Against Prenatal Substance Abusers, 23 J. Marshall L. Rev. 393 (1990), Kathryn Schierl

UIC Law Review

No abstract provided.

Why Abortion Rights Are Not Justified By Reference To Gender Equality: A Response To Professor Tribe, 23 J. Marshall L. Rev. 621 (1990), David F. Smolin

UIC Law Review

No abstract provided.

Fetal Tissue Research And Abortion: Do They Have A Future Together?, Angela M. Skerrett

Campbell Law Review

This Comment will examine fetal tissue research as it relates to the issue of abortion. First, the Comment discusses the current status of fetal tissue research. Second, the Comment looks at the influence of abortion on fetal tissue research, including constitutional and ethical issues. Third, the Comment examines the future of fetal tissue research. Finally, this Comment will conclude that the attitudes, opinions and laws concerning abortion will play a major role in determining the future of fetal tissue research.

Webster V. Reproductive Health Services: A Path To Constitutional Equilibrium, Mark E. Chopko

Campbell Law Review

This Article is intended as part of a symposium and a debate on substantive due process and the decision in Webster v. Reproductive Health Services. This writer, although here a commentator on the law, does have an opinion on the ultimate question: Roe v. Wade was wrongly decided.

The Criminalization Of Maternal Conduct During Pregnancy: A Decisionmaking Model For Lawyers, Elizabeth L. Thompson

Indiana Law Journal

No abstract provided.

Webster V. Reproductive Health Services: Do Legislative Declarations That Life Begins At Conception Violate The Establishment Clause?, Dr. Robert L. Maddox, Blaine Bortnick

Campbell Law Review

This article contends that the Missouri legislative statement is a theologically derived finding that personhood begins at the moment of conception. Such an inherently theological and controversial determination violates a core purpose of the establishment clause of the first amendment, the absolute prohibition against government preference of one religious sect or denomination over another and the placing of the state's imprimatur on a particular religious dogma. What follows is a synopsis of the religious debate over whether human life begins at conception. Next is a discussion of the statute in light of this debate in the context of establishment clause …

From Driving To Drugs: Governmental Regulation Of Pregnant Women's Lives After Webster, Dawn E. Johnsen

Articles by Maurer Faculty

No abstract provided.

Silence=Death: Aids, Feminist Theory And The State, Molly Dwyer

In the Public Interest

No abstract provided.

The Intentional Creation Of Fetal Tissue For Transplants: The Womb As A Fetus Farm, 21 J. Marshall L. Rev. 853 (1988), James David Roberts

UIC Law Review

No abstract provided.

The Nuclear Regulatory Commission's Regulation Of Radiation Hazards In The Workplace: Present Problems And New Approaches To Reproductive Health, Neal Smith, Michael S. Baram

Faculty Scholarship

On December 20, 1985, the Nuclear Regulatory Commission (NRC) proposed revisions to its Standards for Protection Against Radiation [hereinafter Standards].¹ If adopted, the new Standards will provide additional protection for millions of workers and their unborn children. The effects of the Standards will extend, however, far beyond the health of those exposed to radiation. Specifically, the NRC's proposal may provide a new paradigm for regulating health hazards that have no safe threshold level of exposure. It will also focus debate on whether or not women should be precluded from working in fetotoxic environments

The Creation Of Fetal Rights: Conflicts With Women's Constitutional Rights To Liberty, Privacy, And Equal Protection, Dawn E. Johnsen

Articles by Maurer Faculty

No abstract provided.