There’s More to Decision-Making Capacity than Cognitive Function
The Health Law, Policy, Bioethics, and Biotechnology Workshop provides a forum for discussion of new scholarship in these fields from the world’s leading experts. Though the Workshop is typically open...
View ArticlePregnancy Loss, Abortion Rights, and a Holistic Reproductive Justice Movement
The Health Law, Policy, Bioethics, and Biotechnology Workshop provides a forum for discussion of new scholarship in these fields from the world’s leading experts. Though the Workshop is typically open...
View ArticleThere’s No Justice Without Health Justice
By Yolonda Wilson Last month the U.S. Supreme Court struck down the eviction moratorium issued by the Centers for Disease Control (CDC). The Court reasoned that, among other things, the eviction...
View ArticleBeyond Abortion: The Far-Reaching Implications of SB 8’s Enforcement Mechanism
By Cathy Zhang The United States Supreme Court’s refusal to block Texas’s SB 8 abortion restriction earlier this month foreshadowed an uncertain future for abortion jurisprudence and put reproductive...
View ArticleHealth Justice Meets Reproductive Justice
By Rachel Rebouché Over the past few weeks, the headlines have been dominated by the implementation of a Texas “heartbeat” law. The law, which prohibits abortions after detection of fetal cardiac...
View ArticleThe Feminist Political Economy of Health Justice
By Jennifer Cohen Profit-motivated economic activity conflicts with the realization of population health and health justice. To work toward health justice, we must recognize health as a function of (1)...
View ArticleLegal Capacity and Persons with Disabilities’ Struggle to Reclaim Control...
The Health Law, Policy, Bioethics, and Biotechnology Workshop provides a forum for discussion of new scholarship in these fields from the world’s leading experts. Though the Workshop is typically open...
View ArticleHow Adult Guardianship Law Fails to Protect Contraceptive Decision-Making Rights
By Kaitlynn Milvert After Britney Spears testified this past summer about her struggle to have her intrauterine device (IUD) removed while under conservatorship, many commentators posed a simple, but...
View ArticleThe Import of the UNCRPD and Disability Justice for Pandemic Preparedness and...
By Joel Michael Reynolds and Rosemarie Garland-Thomson During the COVID-19 crisis, many nation-states did not consult or substantively take into consideration treaties protecting the rights of people...
View ArticleBrittney Poolaw and the Long Tradition of State-Sponsored Control of Women...
By Lauren Breslow On October 5, 2021, a 20-year-old Native American woman, Brittney Poolaw, was convicted by an Oklahoma jury of manslaughter for the death of her 17-week-old, non-viable fetus. Her...
View ArticleWhy We Need a Transformative Right-to-Health Pandemic Treaty Now
By Martín Hevia and Ximena Benavides Acknowledging what went wrong during the COVID-19 pandemic is crucial to any pandemic lawmaking efforts. Chief among these concerns should be the centrality of...
View ArticleTennessee on My Mind: Reflections on the Reinstated Abortion ‘Reason Bans’
By Cathy Zhang In February, the Sixth Circuit Court of Appeals issued a one-sentence order allowing Tennessee’s “reason ban” abortion restrictions to go into effect. The restrictions make it a felony...
View ArticleThe Leaked Dobbs Opinion, Explained
By Chloe Reichel On May 2, 2022, Politico published a leaked draft of the majority opinion in Dobbs v. Jackson Women’s Health Organization, which showed the Supreme Court’s intent to overturn the right...
View ArticleA Brief History of Abortion Jurisprudence in the United States
By James R. Jolin POLITICO’s leak of Supreme Court Justice Samuel Alito’s draft majority opinion in Dobbs v. Jackson Women’s Health Organization suggests that U.S. abortion rights are on the verge of a...
View ArticleStemming Supreme Court Rights Reversals
By James G. Hodge, Jr. Based on the May 2022 leak of an initial draft, most believe the Supreme Court will carry through some rescission of abortion rights later this month through its final opinion in...
View ArticleNew Evidence on Dementia, Identity, and Decision-Making
By James Toomey In my paper Narrative Capacity (recently published in the North Carolina Law Review), I argue, among other things, that the legal system’s recognition of personal decision-making should...
View ArticleDoes the Right to Health Enhance Patient Rights?
By Luciano Bottini Filho Despite the value of a constitutionally enshrined right to health, such a guarantee, on its own, does not ensure patient rights or a nuanced understanding of patient-centered...
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