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Legal Theory Commons

Open Access. Powered by Scholars. Published by Universities.®

2008

University of Connecticut

Articles 1 - 1 of 1

Full-Text Articles in Legal Theory

Perpetual Conflict Or Compromise? The Cost Of Domestic Legitimacy In The Realm Of Women's Human Rights: A Case Study On The Right To An Abortion, Kim Andrea Kelly Dec 2008

Perpetual Conflict Or Compromise? The Cost Of Domestic Legitimacy In The Realm Of Women's Human Rights: A Case Study On The Right To An Abortion, Kim Andrea Kelly

Honors Scholar Theses

With its turbulent and volatile legal evolution, the right to an abortion in the United States still remains a highly contested issue and has developed into one of the most divisive topics within modern legal discourse. By deconstructing the political underpinnings and legal rationale of the right to an abortion through a systematic case law analysis, I will demonstrate that this right has been incrementally destabilized. This instability embedded in abortion jurisprudence has been primarily produced by a combination of textual ambiguity in the case law and judicial ambivalence regarding this complex area of law. In addition, I argue that …