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Articles 271 - 300 of 308
Full-Text Articles in Health Law and Policy
The Use Of Government Funding To Discourage Abortion: Who Will Protect The Rights Of The Poor?, Claudia J. Postell
The Use Of Government Funding To Discourage Abortion: Who Will Protect The Rights Of The Poor?, Claudia J. Postell
University of the District of Columbia Law Review
No abstract provided.
Is It Possible To Take Both Fetal Life And Women Seriously? Professor Laurence Tribe And His Reviewers, Samuel W. Calhoun, Andrea E. Sexton
Is It Possible To Take Both Fetal Life And Women Seriously? Professor Laurence Tribe And His Reviewers, Samuel W. Calhoun, Andrea E. Sexton
Washington and Lee Law Review
No abstract provided.
Mum's The Word: The Supreme Court And Family Planning, Wendy K. Mariner
Mum's The Word: The Supreme Court And Family Planning, Wendy K. Mariner
Faculty Scholarship
On May 23, 1991, the US Supreme Court upheld federal regulations that prohibit federally funded family planning programs from counseling about or referring for abortion. As a result, government benefits may now entail substantial costs. The regulations changed the nature of government-assisted family planning from comprehensive care and counseling to limited services and government-prescribed information. The reasoning in Rust v Sullivan allows government to limit freedom of speech in federally funded programs. The decision may have been influenced by antiabortion sentiment, but it does not affect the legality of abortion. Instead, it sets a precedent for government control of whether …
Shared Interests: Promoting Healthy Births Without Sacrificing Women's Liberty, Dawn E. Johnsen
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
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
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 …
The Impact Of Public Abortion Funding Decisions On Lndigent Women: A Proposal To Reform State Statutory And Constitutional Abortion Funding Provisions, Carole A. Corns
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 …
Restricting Doctor–Patient Conversations In Federally Funded Clinics, George J. Annas
Restricting Doctor–Patient Conversations In Federally Funded Clinics, George J. Annas
Faculty Scholarship
We have come to accept, as a matter of both law and medical ethics, that open and honest discussion is crucial to the doctor–patient relationship. We accordingly deplore the practice in Plato's Greece whereby, for slaves, "verbal communication between healer and patient was reduced to a minimum." But restricting conversation between doctor and patient has now become a matter of government policy, again distinguishing patients according to economic class.
Compromising On Abortion, Daniel O. Conkle
Compromising On Abortion, Daniel O. Conkle
Articles by Maurer Faculty
No abstract provided.
Webster V. Reproductive Health Services: A Path To Constitutional Equilibrium, Mark E. Chopko
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.
Pregnancy, Drugs, And The Perils Of Prosecution, Wendy K. Mariner, Leonard H. Glantz, George J. Annas
Pregnancy, Drugs, And The Perils Of Prosecution, Wendy K. Mariner, Leonard H. Glantz, George J. Annas
Faculty Scholarship
In the war on drugs an offensive has been launched against pregnant women who use drugs. Over the past four years, prosecuting attorneys have been indicting women who use drugs while pregnant. In South Carolina alone, eighteen women who allegedly took drugs during pregnancy were indicted last summer for criminal neglect of a child or distribution of drugs to a minor.' In the only successful prosecution so far, Jennifer Johnson was convicted in Florida for delivering illegal drugs to a minor via the umbilical cord in the moment after her child was born and before the cord was clamped.2 …
Webster V. Reproductive Health Services: Do Legislative Declarations That Life Begins At Conception Violate The Establishment Clause?, Dr. Robert L. Maddox, Blaine Bortnick
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
From Driving To Drugs: Governmental Regulation Of Pregnant Women's Lives After Webster, Dawn E. Johnsen
Articles by Maurer Faculty
No abstract provided.
The Politics Of Transplantation Of Human Fetal Tissue, George J. Annas
The Politics Of Transplantation Of Human Fetal Tissue, George J. Annas
Faculty Scholarship
Research involving human fetal tissue has been the subject of intense political debate in this country for almost two decades, and the use of fetal tissues in transplantation continues this controversy in another forum. Since Roe v. Wade ,1 the landmark decision on abortion by the U.S. Supreme Court in 1973, the federal government has focused public attention on fetal research by creating panels of experts. "3 This conclusion was accepted on a vote of 15 to 2, and included recommendations that the decision to abort be kept independent of the decision to retrieve and use fetal tissue, that recipients …
Issues Raised By The Abortion Rescue Movement, Charles E. Rice
Issues Raised By The Abortion Rescue Movement, Charles E. Rice
Journal Articles
The civil rights protests of the fifties and sixties taught the nation about the relation of the enacted law to the higher law of justice. Though less favorably publicized, the abortion rescue movement provides another such teaching moment today. As with the civil rights protests, the abortion rescue movement involves ordinary people putting their bodies on the line-and in jail-to vindicate their conception of justice. The rescue movement raises issues that transcend the question of whether one approves or disapproves of abortion. This paper examines what society might learn from the Operation Rescue movement about the weaknesses of our law.
A Response To "Two Puzzles", Carl E. Schneider
A Response To "Two Puzzles", Carl E. Schneider
Book Chapters
In his stimulating paper, Professor Mnookin suggests that the legal issue of neonatal euthanasia may be seen in terms of two puzzles: First, what accounts for the ''striking dichotomy between the law on the books, which apparently outlaws such conduct, and the law in action, which apparently permits it"? Second, why has "the treatment of severely handicapped newborns . . . evoked such a violent storm in the last few years"? Professor Mnookin resolves the first puzzle by suggesting that the ''dichotomy between the law on the books and the law in action may serve as a pragmatic, although not …
Implications Of The Coming Retreat From Roe V. Wade, Charles E. Rice
Implications Of The Coming Retreat From Roe V. Wade, Charles E. Rice
Journal Articles
In Thornburgh v. American College of Obstetricians and Gynecologists, the Supreme Court held unconstitutional Pennsylvania statutes which required that (1) pregnant women give "informed consent" to an abortion and that they be provided information as to the characteristics of their unborn child, the nature and risks of abortion and the availability of alternatives to abortion; (2) the attending physician must file detailed reports on abortions and the reports be made available to the public for copying, even though this could lead to public identification of the woman having the abortion; (3) that in post-viability abortions, the physician use the care …
The Creation Of Fetal Rights: Conflicts With Women's Constitutional Rights To Liberty, Privacy, And Equal Protection, Dawn E. Johnsen
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.
Medical Authority And Infanticide, Patrick A. Malone
Medical Authority And Infanticide, Patrick A. Malone
Journal of Law and Health
This Article tries to explicate the way in which legal regulation interacts with the medical profession's theories of health and illness in order to construct the social reality of health care and of specific issues such as infanticide. Part II of the Article demonstrates how the professional autonomy granted to medicine by the legal system makes possible professional domination over individual decisions and reinforces a societal view of health issues compatible with continued medical dominance. Part III shows how this legal dominance expresses itself in the infanticide context. Part IV analyzes basic flaws in the presumptions underlying the legal system …
Liberty And Community In Constitutional Law: The Abortion Cases In Comparative Perspective, Donald P. Kommers
Liberty And Community In Constitutional Law: The Abortion Cases In Comparative Perspective, Donald P. Kommers
Journal Articles
In the mid-1970s the high courts of several western democracies handed down constitutional decisions concerning the legal regulation of abortion. All of the courts sustained their abortion statutes except the United States and West Germany, which moved in opposite directions. The US Supreme Court voided the conservative abortion statutes of various states while West Germany's highest court nullified an abortion statute that took a liberal stance on abortion. The extended opinions of the American and German courts and their contrasting grounds for decision make them fitting candidates for a comparative analysis of abortion jurisprudence. The abortion issue illustrates the tension …
Judges As Medical Decision Makers: Is The Cure Worse Than The Disease, Alan A. Stone
Judges As Medical Decision Makers: Is The Cure Worse Than The Disease, Alan A. Stone
Cleveland State Law Review
I shall examine and criticize three of the many judicial decisions in the area of law and medicine. These cases are Doe v. Bolton, Superintendent of Belchertown State School v. Saikewicz, and Rogers v. Commissioner of the Department of Mental Health. Those of you who like to think of the law as reason and justice tempered by mercy will be offended by what I have to say; but I shall be evenhanded. Those of you who think of medicine as science and art tempered by compassion will also be offended. My justification for the critical and polemical thesis I shall …
Amniocentesis, Coercion, And Privacy, Charles E. Rice
Amniocentesis, Coercion, And Privacy, Charles E. Rice
Journal Articles
The 1973 abortion decisions of the Supreme Court were based on a right of reproductive privacy which the Court in 1965 had discovered in certain elusive "penumbras formed by emanations from the Bill of Rights." This fictional right of privacy was used by the Court to declare unconstitutional virtually all state restrictions on abortion; according to the Court's rulings, the states have no effective power to prohibit abortion at any stage of pregnancy. Even in the third trimester, the state may not prohibit abortion where it is necessary "in appropriate medical judgment for the preservation of the life or health …
Parental Notification And Abortion: A Review And Recommendation To West Virginia's Legislature, David W. Frame West Virginia University College Of Law
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.
Rewriting Roe V. Wade, Donald H. Regan
Rewriting Roe V. Wade, Donald H. Regan
Book Chapters
Roe v. Wade is one of the most controversial cases the Supreme Court has decided. The result in the case — the establishment of a constitutional right to abortion — was controversial enough. Beyond that, even people who approve of the result have been dissatisfied with the Court's opinion. Others before me have attempted to explain how a better opinion could have been written. It seems to me, however, that the most promising argument in support of the result of Roe has not yet been made. This essay contains my suggestions for ""rewriting" Roe v. Wade.
Sex Selection Abortion: A Constitutional Analysis Of The Abortion Liberty And A Person's Right To Know, John R. Schaibley Iii
Sex Selection Abortion: A Constitutional Analysis Of The Abortion Liberty And A Person's Right To Know, John R. Schaibley Iii
Indiana Law Journal
No abstract provided.
The Abortion-Funding Cases And Population Control: An Imaginary Lawsuit (And Some Reflections On The Uncertain Limits Of Reproductive Privacy), Susan Frelich Appleton
The Abortion-Funding Cases And Population Control: An Imaginary Lawsuit (And Some Reflections On The Uncertain Limits Of Reproductive Privacy), Susan Frelich Appleton
Michigan Law Review
Two issues are before us today: (I) the meaning of the term "medically necessary" in a public hospital's charter and (II) the constitutionality of state action that provides free medical treatment to indigent pregnant women seeking an abortion but denies them such assistance for prenatal care and childbirth. On the basis of recent Supreme Court authority, we find that such action violates neither the hospital's charter nor the United States Constitution.
Fifty Questions On Abortion, Charles E. Rice
Father And Mother Know Best: Defining The Liability Of Physicians For Inadequate Genetic Counseling, Ellen Wright Clayton
Father And Mother Know Best: Defining The Liability Of Physicians For Inadequate Genetic Counseling, Ellen Wright Clayton
Vanderbilt Law School Faculty Publications
Although genetic disorders have been recognized for centuries, recent advances in the study of human genetics often permit accurate determination of the risk that parents will have genetically defective children.' When this information is available either before conception or during pregnancy, prospective parents may choose to prevent the birth of such defective children through contraception or abortion. Recently, courts have been called on to define the circumstances in which either the parents or the children should receive tort damages when parents are denied opportunities to prevent the birth of defective children because of their physicians' negligent failure to detect or …
Parental Consent Abortion Statutes: The Limits Of State Power, Barbara Freedman Wand
Parental Consent Abortion Statutes: The Limits Of State Power, Barbara Freedman Wand
Indiana Law Journal
No abstract provided.
Viability And Abortion, Chris Macaluso