1,721,007 research outputs found
A Conversation with Wash. U Law Professor Susan Frelich Appleton on What the End of Roe v. Wade Means for Missourians
No full textTakeaways from the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organizatio
When Welfare Reforms Promote Abortion: "Personal Responsibility," "Family Values," and the Right to Choose
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Beyond the Limits of Reproductive Choice: The Contributions of the Abortion-Funding Cases to Fundamental-Rights Analysis and to the Welfare-Rights Thesis
No full textCommentary—Professor Michelman\u27s Quest for a Constitutional Welfare Right
Full text linkThe Michelman thesis remains attractive, though elusive, and it is for this reason-because I want to be persuaded that it works-that I record these reflections
Doing Better for Child Migrants
Full text linkProfessor Ann Laquer Estin’s Child Migrants and Child Welfare: Toward a Best Interests Approach makes several important contributions to our understanding of the complicated legal questions posed by a timely and too often tragic phenomenon: large numbers of unaccompanied child migrants, including many coming into the United States. Estin helpfully disentangles and explores the welter of possibly applicable laws, from U.S. constitutional provisions to international human rights laws, federal immigration laws, and state family laws. Her careful analysis also exposes significant gaps, pointing out how some issues fall between relevant bodies of law.
Although each of the sources of law canvassed in the article is animated by its own set of values and assumptions, Estin’s bottom line is that “we can and should do better” for the children in question. As an American family law expert, Estin identifies her principal area of concern as “assur[ing] that the federal agencies who take custody of unaccompanied minors are adequately addressing children’s needs for care and protection as the process unfolds, including their need for legal representation”—responsibilities assigned to the Office of Refugee Resettlement (ORR) in Department of Health and Human Services. Given her expertise and her central concern, Estin recommends infusing all the different areas of law pertinent to child migrants with due regard for family law’s ubiquitous “best interests principle.”
For those of us who lament how harm to children has become acceptable collateral damage in the pursuit of stricter immigration laws and enforcement practices, Estin’s call to focus on children and to do better for them comes none too soon. This response examines whether the best interests principle is up to the job, in light of lessons learned from child custody disputes and controversies about child migrants, past and present
Assisted Suicide and Reproductive Freedom: Exploring Some Connections
Full text linkThe connections between these issues are sure to be explored anew now that the Supreme Court has decided Washington v. Glucksberg and Vacco v. Quill, rejecting both due process and equal protection challenges to assisted suicide bans while purporting to leave undisturbed existing abortion precedents. This Article takes a brief look at three particular connections between the assisted-suicide cases and reproductive freedom. Part I examines the two-part test for substantive due process protection articulated in Glucksberg and raises questions about what this test might mean for the future of reproductive freedom. Part II, which considers Quill\u27s reinforcement of the traditional distinction between omissions and actions, reviews the feminist critique of the omission-duty principle. This Part also shows how variable understandings of omission and action have allowed the Court both (a) to constrict abortion rights in the abortion-funding cases and their aftermath and (b) to overlook a persuasive argument for abortion freedom, the samaritan argument. Part III explores Glucksberg’s conclusion that the debate on assisted suicide should continue, emphasizing the possible consequences for reproductive autonomy of the Court\u27s implicit suggestion that Congress might ultimately resolve this debate. Throughout, this Article reveals how the Court\u27s analysis in Glucksberg and Quill overlooks-not necessarily inadvertently-important implications for reproductive rights
When Welfare Reforms Promote Abortion: "Personal Responsibility," "Family Values," and the Right to Choose
No full textDoctors, Patients and the Constitution: A Theoretical Analysis of the Physician's Role in "Private" Reproductive Decisions
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