1,720,976 research outputs found
Disability, Procreation, and Justice in the United States
No full textParenting and procreation have long been contested legal terrain in the United States as exemplified by a history of abuses against marginalized populations including people with disabilities. While some of the most egregious abuses, such as state sponsored sterilization programs, are relics of the past, it remains true that people with disabilities face distinct and at times insurmountable roadblocks to procreation and parenting. This article details ongoing forms of procreative discrimination against people with disabilities, rejects common justifications for that discrimination, and offers proposals for better protecting the rights to procreate and parent for disabled people.Peer reviewe
Procreative Pluralism
No full textThis article offers a modern approach to evaluating the right to non-coital reproduction that centers on the concept of procreative pluralism. Using lessons taught by reproductive justice scholars and advocates, the article reframes reproductive autonomy and reproductive equality so as to avoid the pitfalls of each and offers a justice account of why constitutional protection of assisted
reproduction is critical.
The article argues that the fundamental right to procreate as protected by the Constitution includes a fundamental right to use assisted reproduction. Unlike other scholarship, the article rejects the basis of this right as liberty/autonomy or equality standing alone and posits that a justice framework is best for protecting and balancing the procreative interests at play when people use assisted reproduction. Given the fundamental rights argument, the article argues that justice requires extensive protection of the right to procreate and exacting scrutiny of legislative attempts to interfere with that right. It goes beyond other scholars who have made this claim by also determining that the state may have positive obligations to provide some people with access to assisted reproduction services. To reconcile the importance of the procreative right with the compelling nature of state interests in procreation, the article offers a two-tiered system of constitutional review of the fundamental right to noncoital procreation in which those who wish to procreate and parent receive greater protection than those who wish to procreate for profit. Finally, the article articulates principles for regulation based on the structure of a two-tiered right and offers ideas for how to reconcile the fundamental rights analysis with legitimate justice concerns about potential harms to individuals and society fromthe use of assisted reproduction
A Phoenix from the Ashes: Reproductive Justice in a World Without \u3cem\u3eRoe\u3c/em\u3e
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Building Queer Families and the Ethics of Gestational Surrogacy
Full text linkThroughout American history, government has used the law to deny some citizens the right to create or sustain families with children to show contempt for those citizens. As LGBT people fought for dignity, equality, and justice from Stonewall to the present, one of the greatest success stories of that fight is the change in how the law defines and protects families. Into the 1990s, people in samesex relationships had cause to fear that their sexual orientation could be used to deprive them of custody of their children. Now, many states, through statute or case law, routinely recognize two parents of the same sex for a child, and some explicitly forbid discrimination on the basis of sexual orientation in adoption. Still, others are slowly taking steps to level the assisted reproduction playing field for same-sex couples through their laws and policies.
This Essay focuses on a particular aspect of the world of family building for LGBT people, which is the use of gestational surrogacy to create families with children. Within the LGBT community, gay men are the most frequent users of this practice because they must find a woman willing to gestate a child if the fathers desire genetic connection. The ethical concerns about hiring a gestational surrogate increase when the arrangement involves cross-border reproductive travel, sometimes pejoratively referred to as “reproductive tourism,” in which commissioning or intended parents from a developed nation hire a surrogate from a developing nation to gestate a child
Going Beyond Counting First Authors in Author Co-citation Analysis
Full text linkThe present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation
counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings
are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that
only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into
account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed
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