Topic
Reproductive Rights
Posts
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ArticleVol. 103 · Iss. 1
Cliff Running
Professionals must at times make snap judgments that have profound consequences. Does a doctor perform an otherwise forbidden abortion to preserve a patient’s failing…
Dov Fox & William Ortman -
ArticleVol. 102 · Iss. 6
Foreword: The Curiously Minor Role of Minor v. Happersett
This symposium marks the 150th anniversary of Minor v. Happersett, a Supreme Court decision unanimously holding that the Fourteenth Amendment’s Privileges or Immunities Clause…
Susan Frelich Appleton, Travis Crum & Hannah Keidan -
ArticleVol. 102 · Iss. 6
Minor v. Happersett, Dobbs v. Jackson Women’s Health Organization, And the Supreme Court’s Refusal to Reconstruct America
One hundred and fifty years ago, in the wake of the ratification of the Reconstruction Amendments, the United States Supreme Court decided Minor v.…
Henry L. Chambers, Jr. -
ArticleVol. 102 · Iss. 6
Phyllis Schlafly and How Forgetting Women’s Struggles for Equality Perpetuates Inequality
At the end of 1922, the Washington Times asked Alice Paul to predict how “modern feminism” would shape “the course of history in the…
Jill Elaine Hasday -
ArticleVol. 102 · Iss. 6
Democratic Change, Fast and Slow: Navigating Tensions in Pro-Abortion Organizing
Minor v. Happersett rejected a vision of robust constitutional protection for “privileges and immunities” of national citizenship and consigned vital rights to state political…
Kathryn Abrams -
ArticleVol. 102 · Iss. 6
A “New” New Departure
In the wake of enactment of the Fourteenth and Fifteenth Amendments, women’s rights activists embarked on an exercise in popular constitutionalism known as “the…
Paula A. Monopoli -
NoteVol. 102 · Iss. 3
Giving Credit When You Are Due: Tax Credits for Birth Mothers Post-Dobbs
Pregnancy is extremely dangerous for women. Maternal mortality rates are tragically high in the United States, and women of color have the greatest risk…
Skyler Ligon -
ArticleVol. 102 · Iss. 1
FDA Leads, States Must Follow
Courts have long deferred to the FDA’s scientific expertise, particularly on matters of drug safety and effectiveness. But now, in the aftermath of the…
Catherine M. Sharkey & Daniel J. Kenny -
NoteVol. 101 · Iss. 2
Fruit of the Poisonous Tree: Potential Eighth Amendment Protections for Inmates Subject to Sexual Victimization in the Post-Dobbs World
For years, federal courts have recognized the sexual victimization of inmates as cruel and unusual punishment under the Eighth Amendment. But it is unclear…
Elena LeVan -
CommentaryVol. 100 · Iss. 4
Bargaining About Birth: Surrogacy Contracts During a Pandemic
Abstract Surrogacy contracts depend on the exchange of information. Intended parents want information about the surrogate’s pregnancy to make decisions regarding prenatal care, during-pregnancy…
Rachel Rebouché -
ArticleVol. 100 · Iss. 1
The Paradox of Same-Sex Parentage Equality
Abstract There is a general scholarly consensus that the law of parental determination should conform to the principles of equality. But the precise meaning…
Noy Naaman -
ArticleVol. 99 · Iss. 6
Sexual Agreements
Few would find it surprising that an agreement for sex falls outside the bounds of contract law. Prostitution—defined as an exchange of sex for…
Albertina Antognini & Susan Frelich Appleton