The Jurisprudence of Doubt: How the Premises of the Supreme Court's Abortion Jurisprudence Undermine Procreative Liberty

E Reilly - JL & Pol., 1998 - HeinOnline
Two realities make continuing disagreement likely: the limits of human knowledge1 and the
diversity of moral belief systems. 2 Because disagreement will persist, we must learn to …

A Jurisprudence of Doubt: Deliberative Autonomy and Abortion

JM Cohen - Colum. J. Gender & L., 1992 - HeinOnline
" Liberty finds no refuge in a jurisprudence of doubt." 1 With this stirring pronouncement, the
decision of the Supreme Court in Planned Parenthood v. Casey begins. The tense wait that …

Rhetoric of Disrespect: Uncovering the Faulty Premises Infecting Reproductive Rights, The

EA Reilly - Am. UJ Gender & L., 1996 - HeinOnline
The contemporary legal and popular" dialogue" about abortion is unlikely to yield
acceptable constitutional or public policy solutions. The debate is too polarized, the …

Abortion and the Pied Piper of Compromise

AE Clark - NYUL Rev., 1993 - HeinOnline
In this Article, Professor Clark offers a detailed analysis of the controversy among legal
scholars which has long surrounded the issue of legal regulation of abortion. Professor …

From choice to reproductive justice: De-constitutionalizing abortion rights

R West - In Search of Common Ground on Abortion, 2016 - api.taylorfrancis.com
The preferred moral foundations of the abortion right created in Roe v. Wade1 and its
progeny continue to shift, from marital and medical privacy, 2 to women's equality, 3 to …

Beyond the Roe Debate: Judicial Experience with the 1980's" Reasonableness" Test

DA Farber, JE Nowak - Virginia Law Review, 1990 - JSTOR
S HOULD Roe v. Wade'be overruled? Your answer to that question may depend in some
measure on which" Roe v. Wade" you mean. Of course, there was only one Roe v. Wade …

Abortion and Consensus: The Futility of Speech, the Power of Disobedience

CR DiSalvo - Wash. & Lee L. Rev., 1991 - HeinOnline
" Abortion is the most difficult moral and legal issue of our time, arousing deep emotions on
both sides." Enough law review articles opening with words to that effect now have been …

Life in the balance: judicial review of abortion regulations

KM Bridges - UCDL Rev., 2012 - HeinOnline
Since the Supreme Court's decision in Roe v. Wade,'which famously held that a woman
enjoyed a fundamental right to terminate a pregnancy, many scholars have been …

Abortion, Toleration, and Moral Uncertainty

DA Strauss - The Supreme Court Review, 1992 - journals.uchicago.edu
Planned Parenthood v Casey,'the most highly publicized decision of last Term, explicitly"
reaffirmed" the" essential holding of Roe v. Wade" 2 that the Constitution protects the right to …

Judicial Evasion and Disingenuous Legislative Appeals to Science in the Abortion Controversy

CE Borgmann - JL & Pol'y, 2008 - HeinOnline
As John Rawls proclaimed," Justice is the first virtue of social institutions, as truth is of
systems of thought."'Justice and truth are pillars of the good society, and the courts play a …