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| TITLE | AUTHOR(S) | SUMMARY | TOPIC(S) |
| Criminalizing the Performance of Partial-Birth Abortions in Nebraska Violates the United States Constitution as Interpreted by Casey - Stenberg v. Carhart, 120 S. Ct. 2597 (2000), 11 Seton Hall Const. L.J. 529 (2001) | Jenny R. Kramer | The author discusses the constitutionality of PBA bans under the undue burden standard established in Planned Parenthood of Southeastern Pennsylvania v. Casey. | "Partial-Birth" Abortion Bans |
| Partial Birth Abortion Ban Upheld, 9 No. 12 Lawyers J. 3 (2007) | Patrice Wade DiPietro | An analyses of the Gonzales v. Carhart and Gonzales v. PPFA Supreme Court decisions. | "Partial-Birth" Abortion Bans |
| Roe on the Rocks? The Implications of the Federal Partial Birth Abortion Ban on the Ever-Diminishing Right to Privacy, 26 Women’s Rights L. Rep. 1 (2005) | Kimberly S. Keller | A discussion of the Federal Abortion Ban along with the Nebraska Partial-Birth Abortion Ban, including how the two laws differentiate and how they were interpreted by the courts. The author also discusses the implications of the exclusion of a health exception in both laws. | "Partial-Birth" Abortion Bans |
| Ruling Changes Abortion Debate (Pro-choice advocates see Carhart opening door to more restrictions), 6 No. 16 A.B.A. J. E-Report 1 (2007) | John Gibeaut | Gibeaut opines that women who are contemplating an abortion may now need to consult their attorneys as the Carhart decision "fundamentally transformed the face of the debate" by upholding the Federal Abortion Ban. | "Partial-Birth" Abortion Bans |
| The Partial-Birth Abortion Ban Act of 2003 and the Commerce Clause, 20 Const. Commentary 441 (2003-2004) | Allan Ides | The author discusses whether the performance of a partial-birth abortion is economic and/or part of any regulation of economic activity; he also talks about the possible aggregate effects of PBAs on interstate commerce. | "Partial-Birth" Abortion Bans |
| The Partial-Birth Abortion Ban Act of 2003: The Congressional Reaction to Stenberg v. Carhart, 6 N.Y.U. J. Legis. & Pub. Pol’y 603 (2002/2003) | Melissa C. Holsinger | This article examines the Congress’s attempt to respond to the court’s invalidation of a Nebraska partial birth abortion ban in Stenberg v. Carhart in the Partial-Birth Abortion Ban Act of 2003. The author provides an analysis and explanation of the court’s decision in Stenberg and then compares the invalidated Nebraska law with the 2003 version of the PBA ban now awaiting the president’s signature. | "Partial-Birth" Abortion Bans |
| Planned Parenthood of Greater Iowa v. Miller and the Unconstitutionality of Partial-Birth Abortion Bans, 23 Women’s Rights L. Rep. 93 (2001) | John Duignan | Duignan argues that PBA laws threaten to inhibit the exercise of constitutionality protected rights and that the laws are vague, which leads to criminalizing the most common abortion procedures and jeopardizing women’s constitutional right to choose. | "Partial-Birth" Abortion Bans |
| Abortion and Breast Cancer: The Unproven Link, 21 Issues L. & Med. 167 (2005) | Feminist Women’s Health Center | According to the National Cancer Institute, there is no scientific research to support a link between abortion and an increased risk of breast cancer. The Feminist Women’s Health Center put together this article which includes a discussion of a 30-year study of women researching this link. | Abortion |
| Casey and Its Impact on Abortion Regulation, 31 Fordham Urb. L.J. 805 (2004) | Michael F. Moses | A discussion of the important case that changed the way abortion cases are reviewed by the courts. | Abortion |
| Inverting the Viability Test for Abortion Law, 22 Women’s Rights L. Rep. 37 (2000) | Bruce Ching | In Stenberg v. Carhart, the Supreme Court wrote that advances in medicine impact the balance of the interests of the pregnant woman and the interests of the state in the fetus. The author discusses the legal implications of fetal survival no longer being synonymous with the location of the fetus in the uterus. | Abortion |
| Net Effects: How the Internet has Changed Abortion Law, Policy, and Process, 8 Wm. & Mary J. of Women & L. 311 (2002) | Kari Lou Frank | The author discusses how abortion related websites are "a new battleground for the abortion debate that has already impacted abortion law and policy." | Abortion |
| Reasoning From the Body: A Historical Perspective on Abortion Regulation and Questions of Equal Protection, 44 Stan. L. Rev. 261 (1992) | Reva B. Siegel | Section I of Siegel’s article covers physiological naturalism of equal protection and due process. Section II recounts the campaign against abortion in the 19th century. Section III discusses the history of fetal protection laws. Finally, Section IV talks about the constitutionality of abortion. | Abortion |
| Some Thoughts on Autonomy and Equality in Relation to Roe w. Wade, 63 N.C. L. Rev. 375 (1985) | Ruth Bader Ginsburg | Justice Ginsburg discusses the Roe decision and how the criticism of the case might not be so dramatic if the opinion analyzed the right to have abortion within the scope of sexual equality. | Abortion |
| RU-486: A Dramatic New Choice or Forum for Continued Abortion Controversy?, 57 N.Y.U. Ann. Surv. Am. L. 247 (2000) | Mandee Silverman | Silverman’s article discusses the extent, if any, that the approval of mifepristone (also known as RU-486) may increase the access to abortion and options for women seeking to terminate their pregnancies | Abortion, Medication |
| The Development of the Undue Burden Standard in Stenberg v. Carhart: Will Proposed RU-486 Legislation Survive?, 35 Ind.L.Rev. 1021 (2001/2002) | Hilary Guenther | This article lays out the various opinions in Stenberg v. Carhart and the significance of these opinions in further defining what constitutes an “undue burden” under Casey. The author notes that this is the first, and only, time that the Supreme Court has applied the undue burden standard set out over ten years ago in Casey. | Abortion, Medication |
| A Remedy for Abortion Seekers Under the Invasion of Privacy Tort, 68 Brooklyn L. Rev. 309 (2002) | Rachel L. Braunstein | This article presents a possible tort remedy for abortion clinic clients who are photographed or videotaped on their way in or out of a clinic and whose images are then posted on the internet. The author argues that the common law notion of privacy arising under tort law, as colored by constitutional notions of the right to privacy, may combine to create a cause of action for these clinic clients under the invasion of privacy tort. | Anti-choice Protesting |
| Abortion Protesters Not in Violation of Rico—Scheidler v. National Organization for Women, Inc., 123 S. Ct. 1057 (2003), 29 Am. J. L. and Med. 423 (2003) | Jennifer Marder | Marder discusses the Scheidler case wherein the Supreme Court ruled that anti-choice protesters were not in violation of RICO because they were not obtaining any property from those they were protesting. | Anti-choice Protesting |
| Judgment on “Nuremberg”: An Analysis of Free Speech and Anti-Abortion Threats Made on the Internet, 7 B.U.J.SCI.&TECH.L. 52 (2001) | Jason Schlosberg | This article looks at special problem of defining a “true threat” to abortion providers when it is communicated via the internet. The author claims that incitement to violence (see Brandenberg v. Ohio) might be a better mechanism for prosecutions for internet threats than FACE but still recognizes that there are substantial obstacles to defining websites as “true threats” because of the diffuse and indirect nature of internet communication. | Anti-choice Protesting |
| Let the People Speak: Terrorism, The Abortion Debate, and Reduction of the Jury Award in Planned Parenthood of Columbia/Willamette, Inc. v. American Coalition of Life Activists, 92 Iowa L. Rev. 677 (2007) | Paige Nelson | This article addresses the 9th Circuit Court’s decision to reduce the $108 million damages award in Planned Parenthood v. American Coalition of Life Activists, a controversial case involving threats against an abortion clinic and physicians. Nelson "examines the relatively new doctrine of substantive due process under which the jury award was reduced and concludes that, if not carefully applied, the doctrine may be used to chill the jury’s right to express the public’s condemnation of terrorist behavior." | Anti-choice Protesting |
| McGuire v. Reilly: The First Amendment and Abortion Clinic Buffer Zones in the Wake of Hill v. Colorado, (2003) | Jamie Edwards | This article looks at the 1st Circuit Court’s application of Hill v. Colorado to uphold a Massachusetts bubble zone ordinance. Edwards provides a brief and thoughtful analysis of the implications and misapplication of Hill in looking at variations of state bubble zone ordinances. | Anti-choice Protesting |
| Protecting California’s Abortion Clinic Workers from Harassment and Violence, 36 McGeorge L. Rev. 797 (2005) | Elizabeth J. Hall | In an effort to combat attacks on abortion clinics, the Federal government and California passed clinic access laws that gave law enforcement a clearer mandate to prosecute anti-choice protesting and violence. The California statute limits the personal information of clinic workers that is available to the public. | Anti-choice Protesting |
| Protest, Proportionality, and the Politics of Privacy: Mediating the Tension Between the Right of Access to Abortion Clinics and Free Religious Expression in Canada and the United States, 27 Loy. L.A. Int’l & Comp. L. Rev. 1 (2005) | Richard Albert | This article contrasts how the Canadian courts deal with cases of clinic protesting versus how they are handled in the American courts. | Anti-choice Protesting |
| The Evolutionary War on First Amendment Rights and Abortion Clinic Demonstration, 36 New Eng. L. Rev. 231 (2001) | Jessica Wainwright | Wainwright examines the complex balancing act that has taken place in the state and federal courts and legislatures between the First Amendment right of freedom of speech and privacy rights concerning buffer zones around abortion clinics. | Anti-choice Protesting |
| The Legacy of Roe: the Constitution, Reproductive Rights, and Feminism: Who’s Afraid of Virginia Dare? Confronting Anti-Abortion Terrorism After 9/11, 6 U. Pa. J. Const. L. 796 (2004) | Carol Mason | "Anti-abortion terrorism blatantly exemplifies the contradiction of claiming human rights for the unborn while denying them to women and clinic workers." Mason argues that pro-choice groups need to recognize and articulate their common goals. | Anti-choice Protesting |
| The Tailoring of Statutory Bubble Zones: Balancing Free Speech and Patients’ Rights, 91 J.Crim.L.& Criminology 385 (2001) | Kristen G. Cowan | This note looks in-depth at the recent Supreme Court decision in Hill v. Colorado upholding the constitutionality of a Colorado statute that makes it unlawful to “knowingly approach within eight fee of another individual to pass a pamphlet, show a sign or engage in oral protest, education, or counseling without consent if the individual is within one hundred feet of a healthy care facility’s entrance.” | Anti-choice Protesting |
| Threatening Abortion Providers, Inciting Violence, or Exercising First Amendment Rights? Chapter 486 Takes a Precarious Stand, 38 McGeorge L. Rev. 159 (2007) | Joanne Kirchner | This article discusses Chapter 486 enacted by the California Legislature which confronts the threats of anti-choice websites by outlining "civil penalties for any person who posts certain personal information about abortion providers or patients on the Internet." The question of whether these sites are protected by the First Amendment is also analyzed. | Anti-choice Protesting |
| (Miz) Conceptions: Unjust Limitations on Legally Unmarried Women’s Access to Reproductive Technology and Their Use of Known Donors, 14 Hastings Women’s L.J. 185 (2003) | Justyn Lezin | An overview of the law’s response to alternative reproduction technology and parental status. | Assisted Reproductive Technology |
| Adam and Steve and Eve: Why Sexuality Segregation in Assisted Reproduction in Virginia is No Longer Acceptable, 11 Wm. & Mary J. Women & L. 293 (2005) | Brooke Dianah Rodgers-Miller | A Virginia statute limits the enforceability of surrogacy contracts based on the marital status of prospective parents. Rodgers-Millers argues that this statute is unconstitutional based on the Supreme Court decision in Lawrence v. Texas. She suggests that the statute infringes upon the liberty of gay men and lesbians to pursue reproductive autonomy through Alternative Reproduction technologies. | Assisted Reproductive Technology |
| Hospital Mergers and the Threat to Women’s Reproductive Health Services: Applying the Antitrust Laws, 26 N.Y.U. Rev. L. Soc. Change 1 (2000/2001) | Judith C. Appelbaum and Jill C. Morrison | This article focuses on how to use anti-trust laws, specifically section 7 of the Clayton Act, to fight Catholic hospital takeovers that have the effect of reducing access to reproductive health services. It provides a brief summary of the forces resulting in a high density of Catholic hospital takeovers and the serious access problem this creates. | Catholic Hospital Takeovers |
| Private Religious Hospitals: Limitations Upon Autonomous Moral Choices in Reproductive Medicine, 17 Contemp. Health L. & Pol’y 455 (2001) | William W. Bassett | This article addresses the conflict between the right of religiously affiliated hospitals to determine their own medical ethics in providing reproductive health services and the right of individuals to make autonomous medical decisions regarding their reproductive health. The author focuses on the access problems that result when religious hospitals merge with or takeover other hospitals and discontinue certain reproductive health services. | Catholic Hospital Takeovers |
| Saving Roe is Not Enough: When Religion Controls Healthcare, 31 Fordham Urb. L.J. 725 (2004) | Susan Berke Fogel and Lourdes A. Rivera | The authors analyze how Catholic Hospital Takeovers and refusal clauses are affecting the reproductive healthcare of women, especially those in small, rural communities. | Catholic Hospital Takeovers |
| Success in New Jersey: Using the Charitable Trust Doctrine to Preserve Women’s Reproductive Services When Hospitals Become Catholic, 57 N.Y.U. Ann. Surv. Am. L. 323 (2000) | Alison Manolovici Cody | This article discusses the use of the Charitable Trust doctrine as a means to fight the elimination of reproductive services when secular hospitals merge with Catholic hospitals, often adopting the Catholic hospital’s ban on offering many reproductive services such as providing contraception, emergency contraception, and abortion. | Catholic Hospital Takeovers |
| "Trapped": Greenville Women’s Clinic v. Commissioner, South Carolina Department of Health & Environmental Control and the Proliferation of Targeted Regulation of Abortion Providers, 34 Sw. U. L. Rev. 511 (2001) | Emma L. Brackett | This article discusses TRAP laws that create access problems for women and their physicians. Brackett focuses on the Supreme Court’s denial of cert in Greenville Women’s Clinic v. Bryant, a 4th Circuit Court decision upholding the constitutionality of extreme TRAP laws in South Carolina. | Clinic Regulations/TRAP Laws |
| Challenging Warrantless Inspections of Abortion Providers: A New Constitutional Strategy, 105 Colum. L. Rev. 1563 (2005) | Amalia F. Jorns | Jorns proposes a new strategy in fighting the TRAP laws that are in place all over the country. She argues for using the purpose-based doctrine that the Supreme Court has utilized in several of their Fourth Amendment cases because this strategy will get to the real issue underlying TRAP laws and will provide protection for the rights of women who have abortions. | Clinic Regulations/TRAP Laws |
| "The Morning After": How Far Can States Go To Restrict Access to Emergency Contraception?, 38 Colum. Human Rights L. Rev. 221 (2006) | Samantha Harper | After the FDA authorized EC to be sold over the counter, Michigan and Missouri introduced bills that challenged the FDA’s decision. The author explores the question whether states have the power to reclassify a drug as prescription when the FDA classifies it as non-prescription. | Contraception |
| A Battle Over Birth "Control": Legal and Legislative Employer Prescription Contraception Benefit Mandates, 11 Wm. & Mary Bill of Rts. J. 462 (2002) | C. Keanin Loomis | Feminist groups have consistently argued that "not offering prescription contraception coverage was… gender-biased and based on antiquated sexual and chauvinistic beliefs." The author discusses the groundbreaking decision from a Washington court which said that any company offering a prescription drug program had to include birth control in its coverage and how it has caused some companies to change their policies. | Contraception |
| Exclusion of Contraception Found Discriminatory by EEOC, 29 J.L. Med. & Ethics 104 (2001) | Wendy Netter | A discussion of why "the exclusion of prescription contraceptives from a health insurance plan is a violation of Title VII of the Civil Rights Act of 1964, as amended by the 1978 Pregnancy Discrimination Act." | Contraception |
| Life-Sustaining Treatment Law: A Model for Balancing a Woman’s Reproductive Rights with a Pharmacist’s Conscientious Objection, 47 B.C. L. Rev 815 (2006) | Natalie Langlois | With the many recent incidents where pharmacists have refused to fill contraceptive prescriptions based on their moral objections, the author is arguing that those who refuse have an affirmative obligation to not only inform the patient, but also provide them with information on where to obtain their prescription. | Contraception |
| The Unconscionability of Conscience Clauses: Pharmacists Consciences and Women’s Access to Contraception, 16 Health Matrix 237 (2006) | Jed Miller | Miller argues that "conscience clauses that provide legal protection to pharmacists who refuse to dispense contraception or refer patients to willing pharmacists violate the right to access contraception" that is guaranteed under Griswold and Casey. | Contraception |
| Winning the Battle, but Perhaps Losing the War: Endorsing Deregulation of Emergency Contraception at the Expense of Derogating Abortion, 15 Cardozo J. Int’l & Comp. L. 259 (2007) | Melissa Bond | Bond notes that opponents argue that EC will lead to social promiscuity, whereas proponents argue that EC is not abortion, and therefore should be socially acceptable. She does not feel that this argument is not effective in America, where "reproductive rights are uncertain and where women largely bear the expense of reproduction on their own." | Contraception |
| A Pitfall of Judicial Deference: Equal Protection of the Laws Fails Women in Lewis v. Thompson, 68 Brook. L. Rev. 525 (2002) | Michele E. Kenney | Part I provides a good overview of the Lewis litigation. In Part II, Kenney argues the courts overlooked the core equal protection claim by focusing on fetuses rather than the plaintiffs. Part III concludes that the 2nd Circuit Court wrongly presumed that Congress’ power over immigration automatically confers authority to deprive non-citizens funding for prenatal care. | Fetal Rights |
| Clash of Competing Interests: Can the Unborn Victims of Violence Act and Over Thirty Years of Settled Abortion Law Co-Exist Peacefully?, 55 Syracuse L. Rev. 133 (2004) | Amanda K. Bruchs | Bruchs compares the purpose of the Unborn Victims of Violence Act with the purpose behind abortion law. She argues that the laws cannot co-exist and that the UVVA creates opportunity for constitutional challenges, drawing focus away from its legitimate purpose to protect pregnant women and creating a potential threat to the balance of life and liberty interests in abortion law. | Fetal Rights |
| Compelled Medical Treatment of Pregnant Women: The Balancing of Maternal and Fetal Rights, 49 Clev. St. L. Rev. 133 (2001) | Pamala Harris | The author analyzes the legal and ethical sides of fetal rights and how they adversely effect the identity of motherhood and the pregnancy of a woman. | Fetal Rights |
| Feminist Theory and the Erosion of Women’s Reproductive Rights: The Implications of Fetal Personhood Laws and In Vitro Fertilization, 13 Am. U.J. Gender Soc. Pol’y & L. 87 (2005) | Lisa M. Brown | Fetal personhood laws and court decisions involving in vitro fertilization increasingly equalize the rights of all parties in the reproductive process. Brown suggests feminist theorists must assist in shaping these new areas of the law to ensure lawmakers do not deprive women of their reproductive liberties. | Fetal Rights |
| Fetal Homicide Laws: Shield Against Domestic Violence or Sword to Pierce Abortion Rights?, 25 Hastings Const. L.Q. 457 (1998) | Alison Tsao | A discussion of feticide laws, including laws in Ohio, California and the opinion of the Court in Casey, in an attempt to present model legislation that "would protect fetal life and pregnant women criminal assault, yet vitiate the constitutional concerns… through its requirement of specific intent." | Fetal Rights |
| Fetal Rights and the Prosecution of Women for Using Drugs During Pregnancy, 48 Drake L. Rev. 741 (2001) | Nova D. Janssen | Many jurisdictions have fetal homicide (or feticide) laws, but the mother is usually never prosecuted under these laws. Janssen explores how this area of the law becomes even more complex when the illegal conduct of the pregnant woman is the cause or a factor in harm or death to the child. | Fetal Rights |
| Improperly Performed Abortion as Fetal Homicide: An Uneasy Coexistence Becomes More Difficult, 18 Hastings Women’s L.J. 117 (2007) | Laura E. Back | There are many laws that treat killing a fetus as a capital crime, but often have exceptions for the pregnant woman and her doctor. This article explores the other third-party persons who have been charged under these laws, i.e. "a teenager who assists his girlfriend in a desperate situation." | Fetal Rights |
| Liability for the Death of a Fetus: Fetal Rights or Women’s Rights?, 15 U. Fla. J.L. & Pub. Pol’y 295 (2004) | Lori K. Mans | Mans discusses the development of fetal rights, feticide statutes, tort recovery for death of a fetus, and the implications that these "fetal rights" laws have on women’s reproductive rights. | Fetal Rights |
| Of Gametes and Guardians: The Impropriety of Appointing Guardians Ad Litem for Fetuses and Embryos, 66 Wash. L. Rev. 503 (1991). | Susan Goldberg | Goldberg argues against the appointment of guardians ad litem for fetuses. The appointments are unconstitutional and create an adversarial relationship between the woman and her fetus, which ultimately could produce adverse consequences for both. | Fetal Rights |
| Pregnant Drug Users, Fetal Persons, and the Threat to Roe v. Wade, 63 Alb. L. Rev. 999 (1999) | Lynn M. Paltrow | This article theorizes that by not putting up a significant fight to the prosecution of pregnant drug users in cases like Whitner v. State, the pro-choice movement has suffered a serious blow. The prosecution of pregnant drug users often centers on establishing fetal rights and, thus, that might ultimately lead to the overturning of Roe v. Wade. | Fetal Rights |
| Prenatal Invasions & Interventions: What’s Wrong with Fetal Rights, 10 Harv. Women’s L.J. 9 (1987) | Janet Gallagher | Written in the context of a forced cesarean report, Gallagher argues that advocates of "fetal rights" have misconstrued Roe to advance their position. Pregnant women’s fundamental rights to bodily integrity and privacy justify refusal of government intervention to protect the fetus. | Fetal Rights |
| Redefining Child Under the State Children’s Health Insurance Program: Capable of Repetition, Yet Evading Results, 12 Am. U.J. Gender Soc. Pol’y & L. 137 (2003) | Elizabeth H. Sperow | Sperow reviews the history of the State Children’s Health Insurance Program (SCHIP) and suggests that the Department of Health and Human Service’s redefinition of "child" in 2002, to begin at conception, does not serve the goal of expanding prenatal care for women. She argues that the redefinition was a political move to bolster abortion opponents rather than a "legitimate policy aimed at providing prenatal care for women and their unborn children" (160). | Fetal Rights |
| Technology and The Legal Discourse of Fetal Autonomy, 8 UCLA Women’s L.J. 47 (1997). | Caroline Morris | Morris’s article examines the influences on the development of "fetal personhood" in the case law and statutes of various countries. She demonstrates how medical advances have influenced the development of legal doctrine relating to the rights of the fetus. | Fetal Rights |
| The Birth of Fetal Rights Under Arkansas’s Wrongful Death Statute: The Arkansas Supreme Court Recognizes a Fetus as a “Person”, 24 U. Ark. Little Rock L. Rev. 359 (2002) | Raina Weaver | This article looks at the case Aka v. Jefferson Hospital Association, in which the Arkansas Supreme Court overruled precedent and recognized a fetus as a person in Arkansas’ wrongful death statute. The author examines the historical development of fetal rights in tortious wrongful death actions, the facts and holding of the case, and the negative repercussions such a decision is likely to have on reproductive rights. | Fetal Rights |
| The Creation of Fetal Rights: Conflicts with Women’s Constitutional Rights to Liberty, Privacy, and Equal Protection, 95 Yale L.J. 599 (1986) | Dawn E. Johnsen | Although this article is over twenty years old, Johnsen presents a thorough discussion of why, and how, fetal rights developed. These protections will interfere with women’s constitutional right to privacy and perpetuate sex inequality by disadvantaging women on the basis of reproductive capability. | Fetal Rights |
| The Unborn Victims of Violence Act, 39 Harv. J. on Legis. 215 (2002) | Tara Kole and Laura Kadetsky | This article looks at the Unborn Victims of Violence Act now being considered in both the House and Senate (H.R. 1997 and S. 1019). The article ultimately concludes that while the Act is probably constitutional, it undermines the fundamental premise of abortion law which asserts that the Fifth and Fourteenth Amendments do not include fetus in their definition of a person. | Fetal Rights |
| Women’s Rights and Fetal Personhood in Criminal Law, 7 Duke J. Gender L. & Pol’y 89 (2000) | Jean Reith Schroedel, Pamela Fiber, and Bruce D. Snyder | This article looks generally at three of the major areas of law currently shifting to recognizing fetal rights: abortion, substance abuse by pregnant women, and prenatal battering/third party fetal killing. The authors come to the conclusion that the movement for fetal rights has more to do with lingering sex stereotypes and devaluation of the rights of women than actual concern for the health of fetuses. | Fetal Rights |
| Reproductive Freedom as Civil Freedom: The Thirteenth Amendment’s Role in the Struggle for Reproductive Rights, 3 J. Gender Race & Just. 401 (2000) | Pamela D. Bridgewater | This article explores the link between the forced reproduction of female slaves for the fiscal benefit of slave owners and the proposed implantation of Norplant (a relatively permanent form of birth control implanted in the body) as a condition on the receipt of welfare benefits in order to promote the economic interests of the dominant class. | Forced Sterilization |
| "The Sexual Freedom Cases"? Contraception, Abortion, Abstinence, and the Constitution, 35 Harv. C.R.-C.L. L. Rev. 299 (2000) | David B. Cruz | The author argues that the Supreme Court’s contraception and abortion cases could not have been solely about protecting people’s rights to bodily integrity or reproductive autonomy, but also on an implied constitutional right to engage in sexual activities for purposes other than procreation. | General/Background |
| A Back Door Solution: Stenberg v. Carhart and the Answers to the Casey/Salerno Dilemma for Facial Challenges to Abortion Statutes, 50 Emory L.J. 873 (2001) | Rachel D. King | This article lays out an often overlooked constitutional dilemma in reproductive rights law regarding the standard of review for facial challenges to abortion laws. There is considerable discrepancy regarding whether to use the Casey undue burden standard or the Salerno standard which says that in order for a statute to be facially unconstitutional, there must be no circumstance in which it could be constitutional. | General/Background |
| Expanding the Feminist Imagination: An Analysis of Reproductive Rights, 6 Am. U. J. Gender & Law 113 (1997) | Edith L. Pacillo | "This article urges feminist legal scholars to change the scope of their analysis from securing and preserving the abortion right to the broader issue of exposing the underlying fallacies supporting state power to disproportionately regulate female reproduction." | General/Background |
| Federalism Doctrines and Abortion Cases: A Response to Professor Fallon, 51 St. Louis U. L.J. 767 (2007) | Anthony J. Bellia, Jr. | Response to article by Richard H. Fallon, Jr. regarding the consequences if Roe v. Wade was to ever be overturned. | General/Background |
| Fundamental Rights Versus Fundamental Wrongs: What Does the U.S. Constitution Say About State Regulation of Out-of-State Abortions?, 51 St. Louis U. L.J. 797 (2007) | Alan Howard | Response to article by Richard H. Fallon, Jr. regarding the consequences if Roe v. Wade was to ever be overturned. | General/Background |
| Gender, Abortion, and Travel After Roe’s End, 51 St. Louis U. L.J. 655 (2007) | Susan Frelich Appleton | Response to article by Richard H. Fallon, Jr. regarding the consequences if Roe v. Wade was to ever be overturned. | General/Background |
| If Roe Were Overruled: Abortion and the Constitution in a Post-Roe World, 51 St. Louis U. L.J. 611 (2007) | Richard H. Fallon, Jr. | The author analyzes what the legal and constitutional consequences would be if the Supreme Court were to overturn Roe v. Wade. | General/Background |
| The New Politics of Abortion: An Equality Analysis of Woman-Protective Abortion Restrictions, 2007 U. Ill. L. Rev. 991 (2007) | Reva B. Siegel | A discussion of South Dakota’s attempt to pass a law outlawing all abortions except to save the pregnant woman’s life and the spreading of "fetal-focused" and "gender-based justifications for abortion regulation." | General/Background |
| What Lawrence v. Texas Says About the History and Future of Reproductive Rights, 31 Fordham Urb. L.J. 717 (2004) | Cynthia Dailard | This article analyzes how the opinion in Lawrence will affect reproductive rights. | General/Background |
| Winter Count: Taking Stock of Abortion Rights After Casey and Carhart, 31 Fordham Urb. L.J. 675 (2004) | Caitlin E. Borgmann | Borgmann tackles one of the most vexing questions in reproductive rights: "How to balance the woman’s liberty interest in terminating her pregnancy against a state’s asserted interest in the fetus." She analyzes the opinions of both cases and concludes that Carhart reaffirmed Casey’s promise that there must be limits to restrictions designed to advance the rights of the fetus. | General/Background |
| Informed Consent to Abortion: A First Amendment Analysis of Compelled Physician Speech, 2007 U. Ill. L. Rev. 939 (2007) | Robert Post | A discussion of South Dakota’s "informed consent statute that prohibits physicians from performing abortions without first obtaining the voluntary and informed written consent of the pregnant woman." | Informed Consent |
| An Appraisal of Abortion Laws in Southern Africa from a Reproductive Health Rights Perspective, 32 J.L. Med. & Ethics 708 (2004) | Charles Ngwena | Ngwena evaluates the laws surrounding abortion in Southern African countries from a reproductive rights perspective. | International |
| German Unification and the Reform of Abortion Law, 3 Cardozo Women’s L.J. 399 (1996) | Rosemarie Will | A discussion of German law and policy surrounding abortion, including a comparison of pre-unification and post-unifications laws. | International |
| Imposing Sexual Restraint Abroad, 2002 L. Rev. M.S.U.-D.C.L. 885 (2002) | E. Dana Neacsu | This article provides a comprehensive history of the development, implementation, and effects of the Mexico City Policy (a.k.a. the Global Gag Rule). It is full of both political analysis and quantitative proof of the devastating effects of the global gag rule. | International |
| Population Growth and Reproductive Rights in International Human Rights Law, 14 Conn. J. Int’l L. 83 (1999) | Diana D.M. Babor | "This article will explore how reproductive rights evolved in the context of approaches undertaken toward the problem of overpopulation. In addition to demographics, it is also the relationship between people and resources, how resources are consumed and how wealth and opportunity are distributed, which together describe any given population." | International |
| Reproductive Rights in Afghanistan: Considerations of Abortion Regulation in Light of the Afghan Reconstruction Process, 18 Conn. J. Int’l L. 595 (2003) | Melanie M. Brookes | This article discusses the legality of abortion and its regulation by the government and how they are "likely to pose a more unique challenge to the shapers of the new Afghan health care system, in light of Afghanistan’s particular gender relations, traditional treatment of abortion from a religious and cultural standpoint, and diversity of viewpoints further fractured by a largely decentralized governmental system." | International |
| Taking the Right to Abortion in Croatia Seriously - One of the Basic Constitutional Rights or a Rudiment of the Right to Reproduction?, 13 Cardozo J.L. & Gender 273 (2007) | Dalida Rittossa, LL.M. | A presentation of research about Croatian peoples’ attitudes towards abortion along with a discussion of current Croatian law and policy surrounding abortion. | International |
| The Abortion Crisis in Peru: Finding a Woman’s Right to Obtain Safe and Legal Abortions in the Convention on the Elimination of All Forms of Discrimination Against Women, 30 B.C. Int’l & Comp. L. Rev. 237 (2007) | Sarah A. Huff | In Peru, women cannot get a legal abortion unless it is necessary to save their lives. Each year there are over 350,000 illegal abortions performed in Peru leading to massive medical complications. Huff argues that the Convention on the Elimination of All Forms of Discrimination Against Women Committee says that a woman has a right to safe and legal abortions and that Peruvian women should claim this right through a formal complaint. | International |
| The Global Pattern of U.S. Initiatives Curtailing Women’s Reproductive Rights: A Perspective on the Increasingly Anti-Choice Mosaic, 6 U. Pa. J. Const. L. 752 (2004) | Julia L. Ernst, Laura Katzive, and Erica Smock | Ernst, Katzive, and Smock argue that each initiative advanced by the U.S. anti-choice movement are a collective within an agenda to undermine the recognition of women’s reproductive freedom across the world. They believe that advancing reproductive rights, and thus human rights, in America will influence human rights all across the globe. | International |
| The Protection of Reproductive Rights Under International Law: The Bush Administration’s Policy Shift and China’s Family Planning Practices, 13 Pac. Rim L. & Pol’y J. 229 (2004) | Hannah A. Saona | Saona discusses how denying funds to UNFPA and restricting activities of foreign NGOs who receive federal aid, America has severely limited the amount of information on family planning services and reproductive health to women in developing countries, as well as denying access to actual services. | International |
| The Right to Freely Have Sex? Beyond Biology: Reproductive Rights and Sexual Self-Determination, 40 Akron L. Rev. 311 (2007) | Yakare-Oule Jansen | This article includes a case study followed by an analysis of to what extent the treaty bodies of the International Covenant on Civil and Political Rights ("ICCPR") and the Convention on the Elimination of All Forms of Discrimination Against Women ("CEDAW") consider women’s sexuality in connection with the reproductive rights found in the respective treaties and to what degree these comments extend beyond the realm of reproductive health. | International |
| Toward an International Standard of Abortion Rights: Empirical Data from Africa, 18 Pace Int’l L. Rev. 373 (2006) | Chad M. Gerson | A study of empirical data of abortion rights in Africa, including (1) abortion rights as a predictor of material mortality and infant mortality; and (2) how Africa suffers under the “Global Gag Rule.” | International |
| Women and Reproduction: From Control to Autonomy?: The Case of Chile, 12 Am. U.J. Gender Soc. Pol’y & L. 427 (2004) | Lidia B. Casas | A discussion of reproductive rights laws and policies in Chile. | International |
| An Unjust Act: The Schizophrenic State of Maturity and Culpability in Juvenile Justice and Minor Abortion Rights Law; Recent Trends in Virginia and Nationally, 9 Wm. & Mary J. of Women & L. 495 (2003) | Jon-Michael Foxworth | In the 4th Circuit Court case Blue Ridge v. Camblos, the court decided that the Virginia judicial by-pass law required even a "mature" juvenile to notify a parent of her decision to have an abortion. The author, using the reasoning from Bellotti, argues that a judicial by-pass law should not require a minor to inform a parent as the law is critical and necessary for the protection of a juvenile’s constitutional right. | Minors, Parental Notification |
| Informal Closing of the Bypass: Minors’ Petitions to Bypass Parental Consent for Abortion in an Age of Increasing Judicial Recusals, 58 Hastings L.J. 869 (2007) | Lauren Treadwell | This article surveys the problems that are and will continue to rise if judges across the country continue to recuse themselves from hearing abortion petitions by minors on moral grounds. | Minors, Judicial By-pass |
| Minor Rights: The Adolescent Abortion Cases, 30 Hofstra L. Rev. 589 (2002) | Martin Guggenheim | This article is a study and criticism of the often disjointed constitutional reasoning behind Supreme Court holdings in parental consent and notification cases. Guggenheim argues that all the court has done in these cases is to shift the decision as to whether or not a minor can receive an abortion from parents to judges without actually giving minors any constitutional rights. | Minors, Parental Notification |
| New Jersey Parental Notification for Abortion Act Violates State Constitutional Guarantee of Fundamental Right, 11 Seton Hall Const. L.J. 495 (2001) | Eric D. McCullough | A discussion of a New Jersey parental notification act that imposed burdens on a minor’s fundamental right to have control over her own body. The case noted in this article questioned the Act’s constitutionality and even though the State argued that the restriction was insignificant, the court decided the Act was unconstitutional. | Minors, Parental Notification |
| Parental Notice in State Abortion Statutes: Filling the Gap in Constitutional Jurisprudence, 29 Colum. Human Rights L. Rev. 437 (1998) | Jennifer C. Friedman | Since the courts have decided that age alone is an arbitrary criterion for determining whether a minor can decide to have an abortion, the author evaluates the "mature minor" and "best interests" components of the judicial bypass procedure and whether they protect the constitutional rights of all minors. | Minors, Judicial By-pass |
| Refining Permissible Abortion Regulations: Mandatory In-Person, Informed-Consent Meetings Held Constitutional, but Restriction on Number of Petitions by Minors for Judicial By-Pass of Parental-Consent Requirement Overturned—Cincinnati Women’s Services, Inc. v. Taft, 33 Am. J. L. and Med. 145 (2007) | Daniel K. Fink | Fink analyzes the recent 6th Circuit Court decision that held an Ohio abortion statute which limited minors to one judicial bypass petition was unconstitutional, but upheld a provision requiring a minor to have a personal meeting with the physician at least 24 hours before receiving an abortion. | Minors, Judicial By-pass, Informed Consent |
| Supreme Court Avoids Disturbing Abortion Precedents by Ruling on Grounds of Remedy - Ayotte v. Planned Parenthood of Northern New England, 34 J.L. Med. & Ethics 469 (2006) | Nathaniel Law | A discussion of the Supreme Court’s decision to remand Ayotte to the 1st Circuit Court because they wanted the lower to court to find a remedy other than permanent injunction against the parental notification law. | Minors |
| The Underage, the “Unborn,” and the Unconstitutional: An Analysis of the Child Custody Protection Act, 11 Colum. J. Gender & L. 407 (2002) | Joanna S. Liebman | The Act would make it a crime for an adult who is not the parent of a minor to transport her across state lines to get an abortion. The author argues that while the Act does not violate the undue burden standard of Casey, it is unconstitutional because it violates citizens’ fundamental right to interstate travel under the Privileges and Immunities Clause as well as the principles of federalism and states’ autonomy as applied to abortion. | Minors |
| Utah’s Parental Involvement Law: Minor’s Access to Abortion, 20-Jun Utah B.J. 24 (2007) | Margaret D. Plane | This article discusses the Utah law passed in 2006 that requires minors to both notify and receive consent from a parent (or guardian) before they were allowed to receive an abortion. | Minors |
| What "Choice" Do They Have?: Protecting Pregnant Minors’ Reproductive Rights Using State Constitutions, 1999 Ann. Surv. Am. L. 129 (1999) | Rachel Weissmann | A discussion of the power of state constitutions to protect the rights of minors who become pregnant. In Alaska, the state legislature decided that the state had a compelling interest in the individual’s right to privacy. However, an Alaskan court still used the U.S. Constitution to decide that a law requiring a minor to get both parent’s consent for an abortion was constitutional. | Minors |
| State v. Oakley: Infringing on Women’s Reproductive Rights, 18 Wis. Women’s L.J. 281 (2003) | Amanda R. Schehr | This article analyzes State v. Oakley, wherein the Wisconsin Supreme Court upheld a demand that a man could not father any children unless he could demonstrate to the court his ability to financially support his current and future children. | Right to Reproduce |
| The Judge in the Delivery Room: The Emergence of Court-Ordered Cesareans, 74 Calif.L.Rev. 1951 (1986) | Nancy K. Rhoden | This article deals with the issue of whether women should be compelled to undergo a court-ordered caesarian section against their wishes when the alternative could have devastating effects on the fetus, i.e. can you force a woman to undergo surgery for the benefit of the fetus. | Rights of Pregnant Woman |
| Abstinence-Only Education and Privacy, 24 Women’s Rights L. Rep. 27 (2002) | Naomi K. Seiler | This article provides a history of abstinence-only education and laws regulating and funding it including Title X. Seiler looks at the ways in which abstinence-only education infringes on rights to privacy and the way in which comprehensive sexual education, including information about abstinence, protects the privacy interests and rights of teens. | Sexual Education |
| Money, Sex, and the Religious Right: A Constitutional Analysis of Federally Funded Abstinence-Only-Until-Marriage Sexuality Education, 35 Creighton L.Rev. 1075 (2002) | Julie Jones | This article looks in-depth at the state of sexual education in America today, statistics on teenage sexual activity and health issues related to that sexual activity, and the relationship between the Establishment Clause and federally funded Abstinence-Only-Until-Marriage Sexual Education. | Sexual Education |
| Double Standards: The Suppression of Abortion Protesters’ Free Speech Rights, 51 DePaul L. Rev. 825 (2002) | Christopher P. Keleher | The article explores the perceived inconsistency of the Supreme Court’s First Amendment decisions when dealing with anti-choice protesters as compared to its arguably more lenient free speech decisions in other contexts. | State/Federal Funding |
| Government Funding in Title X Projects: Circumscribing the Constitutional Rights of the Indigent: Rust v. Sullivan, 29 Cal. W. L. Rev. 143 (1993). | Linda Maher | Maher reviews Rust v. Sullivan and strongly critiques the majority opinion, arguing it improperly characterized Dr. Rust’s allegations as devoid of constitutionally based issues. The government has unconstitutionally conditioned receipt of a benefit (Title X funding) on the relinquishment of constitutional rights. | State/Federal Funding |
| If Men Could Get Pregnant: An Equal Protection Model for Federal Funding of Abortion Under a National Health Care Plan, 60 Brook. L. Rev. 349 (1994). | Julie F. Kay | Kay reviews the detrimental effect of denying public funding to low-income women for abortions. Kay critiques the Supreme Court’s holding in Harris v. McRae and proposes an alternative interpretation of the equal protection doctrine. She concludes that federal funding of abortion services is required under a modified equal protection analysis. | State/Federal Funding |
| My Body, My Consent: Securing the Constitutional Right to Abortion Funding, 62 Alb. L. Rev. 1057 (1999) | Eileen L. McDonagh | This article presents an interesting legal theory pertaining to securing state funding for abortions under the Equal Protection clause of the Fourteenth Amendment. McDonagh theorizes that by reconstituting a woman’s due process right to be free from state intrusion on her decision to have an abortion into a woman’s right to consent to pregnancy as an extension of her due process right to be bodily integrity and liberty, women may be able to secure a constitutional right to state funding of abortions. | State/Federal Funding |
| Reconsidering Abortion Law: Liberty, Equality, and the New Rhetoric of Planned Parenthood v. Casey, 45 Am. U.L. Rev. 77 (1995) | Erin Daly | This article has a great section on the abortion funding cases. The focus of this section, and the article as a whole, is the “phenomenon of the phantom woman” where the decision of the court has more to do with legal theories and fictions than the actual women whose names appear on the docket. | State/Federal Funding |
| "No New Babies?": Gender Inequality and Reproductive Control in the Criminal Justice and Prison Systems, 12 Am. U.J. Gender Soc. Pol’y & L. 391 (2004) | Rachel Roth | This article examines conflicts over the rights of prisoners and probationers to have sex or to procreate. | Women in Prison |
| Applying the Supreme Court’s Johnson v. California to Prison Abortion Policies, 71 Brook. L. Rev. 1291 (2006) | Elizabeth Budnitz | Prison regulations that deny or restrict inmate abortions violate inmates’ right to an abortion under Roe, and do not pass the Casey prohibition against an undue burden on abortion rights. These restrictions are hard to fight because the Supreme Court has made the standard into a rational basis review, allowing prison administrators great leeway in restricting prisoners’ rights. | Women in Prison |
| Limits on State Inmates’ Access to Abortion: A Discussion of the Fifth Circuit’s Decision in Victoria W. v. Larpenter, 27 Women’s Rights L. Rep. 87 (2006) | Femi S. Austin | In Victoria W., the 5th Circuit Court held that it was constitutional for a state prison to require that inmates receive judicial approval in order to get an abortion or any other surgery considered elective. The author discusses this decision along side the Eighth Amendment which protects an inmate’s right to medical care. | Women in Prison |
| Air Force Women’s Access to Abortion Services and the Erosion of 10 U.S.C. § 1093, 9 Wm. & Mary J. of Women & L. 351 (2003) | Marshall L. Wilde | Women in the military have significantly more restrictions on their access to abortion than those not in the military. Wilde discussed two Federal District Court cases challenging CHAMPUS/TRICARE restrictions and argues that there should be more comprehensive funding and less travel regulations for elective medical procedures for those in the military and their dependents. | Women in the Military |
| Do Prisoners Get a Better Deal? Comparing the Abortion Rights and Access of Military Women Stationed Abroad to Those of Women in Prison, 11 Cardozo Women’s L.J. 385 (2005) | Leah Ginsberg | The author discusses the Department of Defense Authorization Act and TRICARE/CHAMPUS, which prohibit any funding of abortion or abortion-related services for women in the military and their dependents alongside Victoria W. v. Larpenter, which declared it constitutional for prisons to restrict abortions for prisoners because it is not "a serious medical need." | Women in the Military; Women in Prison |
| A Broader Vision of the Reproductive Rights Movement: Fusing Mainstream and Latina Feminism, 13 Am. U.J. Gender Soc. Pol’y & L. 59 (2005) | Angela Hooton | Hooton outlines "the difficulties women of color confront in exercising their rights and securing basic reproductive health care" and how the mainstream reproductive rights movement is not addressing the reproductive health needs of communities of color, especially Latinas. | Women of Color |
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