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Evolution of the Right to Privacy After Roe v. Wade

NCJ Number
119416
Journal
American Journal of Law and Medicine Volume: 13 Issue: 2 & 3 Dated: (1987) Pages: 365-525
Author(s)
S Clement; L Goldstein; L B Krauss; D A Maio; S Reske; W Ravitz; C B Schreiber; T K Schulte; B Shapiro; L A Sheeler; R Whalen; J Zoubek
Date Published
1987
Length
161 pages
Annotation
This five-part article reviews the history of abortion policy, from early civilizations through Christianity and early English common law; analyzes the U.S. Supreme Court's reasoning in Roe v. Wade; examines how bodily autonomy became a privacy right under the U.S. Constitution; and discusses abortion and reproductive issues arising from that right.
Abstract
Collateral issues such as the disclosure of medical records, informed consent to the abortion, spousal consent, and the reproductive rights of minors are discussed, with case citations. State laws requiring that a minor's parents be given notice of a planned abortion are also identified. The legal issues surrounding the dispensing of birth control information to minors and the advertising of abortions and abortifacients are examined, as are the conditions in State statutes permitting abortions. The State and Federal roles in abortion funding are outlined, and legislation regulating sexual activity is discussed. The article also discusses pregnancy discrimination in the workplace and pregnancy benefit and leave policies. Fetal protection policies in the workplace are also outlined. The influence of Roe v. Wade and subsequent cases on these issues is discussed in detail. 241 footnotes.