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Abortion

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Institution
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Articles 301 - 308 of 308

Full-Text Articles in Health Law and Policy

The Dred Scott Case Of The Twentieth Century, Charles E. Rice Jan 1973

The Dred Scott Case Of The Twentieth Century, Charles E. Rice

Journal Articles

In the 1973 abortion cases, the Supreme Court quoted this language from an 1871 report of the Committee on Criminal Abortion of the American Medical Association. The Court, however, did not follow the advice. Instead, the seven man majority held that the child in the womb is not a "person" within the meaning of the fourteenth amendment, which provides, "No State shall . . . deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. The Court refused to call the child in …

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Abortion Reform, Richard D. Lamm, Steven A.G. Davison Apr 1971

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

All Faculty Scholarship

No abstract provided.

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Equal Protection For The Child In The Womb, Charles E. Rice Jan 1971

Equal Protection For The Child In The Womb, Charles E. Rice

Journal Articles

During 1971, the drive for liberalized abortion laws stalled after achieving rapid successes in the preceding four years. The law in most American states still allows abortion only where, it is necessary to save the life of the mother. Since 1967, however, sixteen states have relaxed their laws to provide that abortions may now be performed in varying situations where the life of the mother is not at stake. Some states, such as New York, allow abortions virtually on request. In other states, laws forbidding abortion have been declared unconstitutional by the courts. During 1971, no further liberalization was enacted …

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Constitutional Reflections On Abortion Reform, Patrick L. Baude Jan 1970

Constitutional Reflections On Abortion Reform, Patrick L. Baude

Articles by Maurer Faculty

No abstract provided.

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Abortion And Legal Rationality, John M. Finnis Jan 1970

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.

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Abortion Legislation: The Need For Reform, Law Review Staff Nov 1967

Abortion Legislation: The Need For Reform, Law Review Staff

Vanderbilt Law Review

Widespread national publicity and recent state legislative activity have focused a significant degree of national concern on a serious problem of public health and morals--the question of abortion.Surveys indicate that between 1,000,000 and 1,500,000 abortions take place annually--or, one abortion for every four to five pregnancies. The so-called "back-street abortionists," whether amateur or professional, each year cause the death of 5,000 to 10,000 women who are forced to seek their services. Because of the highly controversial nature of abortion, statutes attempting to deal with the problem stubbornly resist amendment despite widespread disregard of their provisions. Many hospitals permit abortions under …

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Abortion, The Law And Human Life, Thomas L. Shaffer Jan 1967

Abortion, The Law And Human Life, Thomas L. Shaffer

Journal Articles

The issue in abortion "reform" is whether existing criminal sanctions against doctors and pregnant women should be abolished or liberalized. From one point of view this is the question presented in any discussion of the criminal law—whether people should be put in jail for doing something. From another viewpoint, it is the question presented in any discussion of existing law—whether the reformers, who presumably have the burden of proof, have made a case. The controversy will be especially interesting to Indiana lawyers, who last winter saw an abortion-reform proposal pass both houses of the General Assembly and then die (abort?) …

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The Unborn Plaintiff, David A. Gordon Feb 1965

The Unborn Plaintiff, David A. Gordon

Michigan Law Review

It is almost twenty-five years since Professor Winfield's article "The Unborn Child" was published. The development of this area of the law during the past quarter century is probably summed up in the distinction between that title and the one to this article.

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