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Journal Article

Regulating Abortion Later in Pregnancy: Fetal-Centric Laws and the Erasure of Women's Subjectivity

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Katrina Kimport, Tracy A. Weitz
J Health Polit Policy Law (2025) 50 (1): 47–68.
DOI: https://doi.org/10.1215/03616878-11516772
Published: 01 February 2025
...Katrina Kimport; Tracy A. Weitz Abstract Context: In the United States, fetal development markers, including “viability” and the point when a fetus can “feel pain,” have permeated the social imaginary of abortion, affecting public support for abortion and the legality and availability of care...
View articletitled, Regulating Abortion Later in Pregnancy: Fetal-Centric Laws and the Erasure of Women's Subjectivity View PDF for article titled, Regulating Abortion Later in Pregnancy: Fetal-Centric Laws and the Erasure of Women's Subjectivity
Journal Article

The Antiabortion Movement and Baby Jane Doe

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Constance Paige, Elisa B. Karnofsky
J Health Polit Policy Law (1986) 11 (2): 255–269.
DOI: https://doi.org/10.1215/03616878-11-2-255
Published: 01 April 1986
... to include protections for handicapped newborns. Activists in the movement chose the issue of Baby Jane Doe because they believed it would attract welcome publicity, give them the appearance of supporting civil rights, and enhance their argument as to the legal rights of the fetus and thus strengthen...
View articletitled, The Antiabortion Movement and Baby Jane Doe View PDF for article titled, The Antiabortion Movement and Baby Jane Doe
Journal Article

Selective Pregnancy Reduction: Medical Attitudes, Legal Implications, and a Viable Alternative

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Elizabeth Villiers Gemmette
J Health Polit Policy Law (1991) 16 (2): 383–395.
DOI: https://doi.org/10.1215/03616878-16-2-383
Published: 01 April 1991
... of fetuses in a multiple pregnancy. Medical technology makes it possible to abort a defective twin fetus while at the same time allowing the healthy twin to complete gestation. It also allows a previously infertile woman to become fertile while at the same time offering a process to reduce the mul...
View articletitled, Selective Pregnancy Reduction: Medical Attitudes, Legal Implications, and a Viable Alternative View PDF for article titled, Selective Pregnancy Reduction: Medical Attitudes, Legal Implications, and a Viable Alternative
Journal Article

A Gender Analysis of Policy Formation: The Case of Fetal Abuse

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Jean Reith Schroedel, Paul Peretz
J Health Polit Policy Law (1994) 19 (2): 335–360.
DOI: https://doi.org/10.1215/03616878-19-2-335
Published: 01 April 1994
.... Balisy , Sam S. 1987 . Maternal Substance Abuse: The Need to Provide Legal Protection for the Fetus. Southern California Law Review 60 : 1209 -38. Barr , Helen M. , Ann Pytkowicz Streissguth, Betty L. Darby, and Paul D. Sampson. 1990 . Prenatal Exposure to Alcohol, Caffeine, Tobacco...
View articletitled, A Gender Analysis of Policy Formation: The Case of Fetal Abuse View PDF for article titled, A Gender Analysis of Policy Formation: The Case of Fetal Abuse
Journal Article

Informed or Misinformed Consent? Abortion Policy in the United States

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Cynthia R. Daniels, Janna Ferguson, Grace Howard, Amanda Roberti
J Health Polit Policy Law (2016) 41 (2): 181–209.
DOI: https://doi.org/10.1215/03616878-3476105
Published: 01 April 2016
... by the Court in its subsequent cases” ( Casey , 505 U.S. at 871). Given the state's interest in “potential life,” states retained the power to provide to a woman information that had “no direct relation to her health” but was relevant only to “the effect on the fetus” ( Casey , 505 U.S. at 915, 863, 883...
FIGURES | View All (11)
View articletitled, Informed or Misinformed Consent? Abortion Policy in the United States View PDF for article titled, Informed or Misinformed Consent? Abortion Policy in the United States
Journal Article

Politics and Bioethical Commissions: “Muddling Through” And the “Slippery Slope”

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John Mendeloff
J Health Polit Policy Law (1985) 10 (1): 81–92.
DOI: https://doi.org/10.1215/03616878-10-1-81
Published: 01 February 1985
... that their official reports will be able to ignore the ethical issues to the extent that the EAB’s report did. For example, the National Com- mission’s Report on the Fetus included one strong dissenting view from a law professor, who complained that fetuses scheduled for abortions should have the same...
View articletitled, Politics and Bioethical Commissions: “Muddling Through” And the “Slippery Slope” View PDF for article titled, Politics and Bioethical Commissions: “Muddling Through” And the “Slippery Slope”
Journal Article

About Abortion: Terminating Pregnancy in Twenty-First-Century America

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Magda Schaler-Haynes
J Health Polit Policy Law (2018) 43 (6): 1041–1046.
DOI: https://doi.org/10.1215/03616878-7104443
Published: 01 December 2018
... that such efforts are deliberately designed to deplete reproductive rights advocates of scarce litigation resources. In two chapters, “The Eye of the Storm” and “Facing Your Fetus,” Sanger presents a social history of fetal life, including a dynamic historical review of fetal imagery in art, film...
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Journal Article

Social Status in the Debate Over Abortion

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Adela J. Gondek
J Health Polit Policy Law (1985) 10 (2): 399–402.
DOI: https://doi.org/10.1215/03616878-10-2-399
Published: 01 April 1985
... of why the two sides are so hostile and irreconcilable. To some extent, the two books coincide in their explanations of this infra-gender gap; but they also differ in important ways. Luker and Falik both hold that the abortion debate is not about the legal status of the fetus so much as about...
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Journal Article

The Principles and Principals of Abortion Compromise

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Kenneth R. Wing
J Health Polit Policy Law (1993) 18 (4): 967–982.
DOI: https://doi.org/10.1215/03616878-18-4-967
Published: 01 August 1993
... or a “qualified nonphysician” inform the woman of the availability of printed materials published by the state describing the fetus and the availability of medical assistance for childbirth, assistance in seeking child support from the father, and a list of agencies that provide adoption...
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Journal Article

Arrests of and Forced Interventions on Pregnant Women in the United States, 1973–2005: Implications for Women's Legal Status and Public Health

Open Access
Lynn M. Paltrow, Jeanne Flavin
J Health Polit Policy Law (2013) 38 (2): 299–343.
DOI: https://doi.org/10.1215/03616878-1966324
Published: 01 April 2013
...Lynn M. Paltrow; Jeanne Flavin In November 2011, the citizens of Mississippi voted down Proposition 26, a “personhood” measure that sought to establish separate constitutional rights for fertilized eggs, embryos, and fetuses. This proposition raised the question of whether such measures could...
View articletitled, Arrests of and Forced Interventions on Pregnant Women in the United States, 1973–2005: Implications for Women's Legal Status and Public Health View PDF for article titled, Arrests of and Forced Interventions on Pregnant Women in the United States, 1973–2005: Implications for Women's Legal Status and Public Health
Journal Article

Birth Choices, the Law, and Medicine: Balancing Individual Freedoms and Protection of the Public's Health

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Chris Hafner-Eaton, Laurie K. Pearce
J Health Polit Policy Law (1994) 19 (4): 813–835.
DOI: https://doi.org/10.1215/03616878-19-4-813
Published: 01 August 1994
... to birth, both conventional (hospital) and alternative (home birth and mid- wifery), are now interpreted within the framework of what obstetricians consider “safe” for the fetus, for the parturient woman, and in a liability sense, for themselves. Paradigmatically midwives and obstetricians have...
View articletitled, Birth Choices, the Law, and Medicine: Balancing Individual Freedoms and Protection of the Public's Health View PDF for article titled, Birth Choices, the Law, and Medicine: Balancing Individual Freedoms and Protection of the Public's Health
Journal Article

Method of Payment and the Cesarean Birth Rate in a Hospital in Northeast Brazil

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Barbara Janowitz, Sylvia Wallace, Galba Araujo, Lorena Araujo
J Health Polit Policy Law (1984) 9 (3): 515–526.
DOI: https://doi.org/10.1215/03616878-9-3-515
Published: 01 June 1984
... in medical care that have made maternal mortality from abdominal delivery a rare Occurrence, combined with an increased emphasis on the health of the fetus, have encouraged physicians to perform more cesarean deliveries. While it has been suggested that financial incentives also influence cesarean...
View articletitled, Method of Payment and the Cesarean Birth Rate in a Hospital in Northeast Brazil View PDF for article titled, Method of Payment and the Cesarean Birth Rate in a Hospital in Northeast Brazil
Journal Article

Death Is That Man Taking Names: Intersections of American Medicine, Law,and Culture

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David Barnard
J Health Polit Policy Law (2004) 29 (1): 147–153.
DOI: https://doi.org/10.1215/03616878-29-1-147
Published: 01 February 2004
... in prenatal care in North America and, increasingly, the Western world, has resituated the fetal image beyond pregnancy care books into the visual realm of popular culture. The interplay between religious, cultural, legal, and medical conceptualizations of a sentient, autonomous, and agentic fetus has...
View articletitled, Death Is That Man Taking Names: Intersections of American Medicine, Law,and Culture View PDF for article titled, Death Is That Man Taking Names: Intersections of American Medicine, Law,and Culture
Journal Article

Managing to Care: Case Management and Service System Reform

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Mina Silberberg
J Health Polit Policy Law (2004) 29 (1): 154–156.
DOI: https://doi.org/10.1215/03616878-29-1-154
Published: 01 February 2004
... conceptualizations of a sentient, autonomous, and agentic fetus has many feminist researchers and health care activists concerned that the woman in whose body the fetus resides has slipped from view, with significant consequences. In the first social science book on the topic, anthropologist Lisa M...
View articletitled, Managing to Care: Case Management and Service System Reform View PDF for article titled, Managing to Care: Case Management and Service System Reform
Journal Article

Baby's First Picture: Ultrasound and the Politics of Fetal Subjects

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Christine H. Morton
J Health Polit Policy Law (2004) 29 (1): 156–160.
DOI: https://doi.org/10.1215/03616878-29-1-156
Published: 01 February 2004
... in prenatal care in North America and, increasingly, the Western world, has resituated the fetal image beyond pregnancy care books into the visual realm of popular culture. The interplay between religious, cultural, legal, and medical conceptualizations of a sentient, autonomous, and agentic fetus has...
View articletitled, Baby's First Picture: Ultrasound and the Politics of Fetal Subjects View PDF for article titled, Baby's First Picture: Ultrasound and the Politics of Fetal Subjects
Journal Article

Survival at What Cost? Origins and Effects of the Modern Controversy on Treating Severely Handicapped Newborns

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Stanley J. Reiser
J Health Polit Policy Law (1986) 11 (2): 199–213.
DOI: https://doi.org/10.1215/03616878-11-2-199
Published: 01 April 1986
... medicine about the ethical dimen- sions of medical choices and the creation of the modern ethics movement in health care. A central issue in this movement concerned the status of the fetus. Some of the issues raised by the abortion controversy and the burgeoning knowledge of genetic disease had...
View articletitled, Survival at What Cost? Origins and Effects of the Modern Controversy on Treating Severely Handicapped Newborns View PDF for article titled, Survival at What Cost? Origins and Effects of the Modern Controversy on Treating Severely Handicapped Newborns
Journal Article

Vaccine Court: The Law and Politics of Injury The Vaccine Race: Science, Politics, and the Human Costs of Defeating Disease

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Sarah E. Gollust
J Health Polit Policy Law (2018) 43 (6): 1047–1053.
DOI: https://doi.org/10.1215/03616878-7104526
Published: 01 December 2018
... embryos) or from human fetal cells. Ultimately, Hayflick's cell line—created from the lungs of an anonymous aborted fetus from Sweden—wins out. This story depicts the incremental pace of scientific development, the huge stakes of decisions made by federal regulators, and the vagaries of the process of so...
View articletitled, Vaccine Court: The Law and Politics of Injury The Vaccine Race: Science, Politics, and the Human Costs of Defeating Disease View PDF for article titled, Vaccine Court: The Law and Politics of Injury The Vaccine Race: Science, Politics, and the Human Costs of Defeating Disease
Journal Article

Abortion as a Public Health Risk in COVID-19 Antiabortion Legislation

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Saphronia Carson, Shannon K. Carter
J Health Polit Policy Law (2023) 48 (4): 545–568.
DOI: https://doi.org/10.1215/03616878-10449950
Published: 01 August 2023
..., it associates pregnant people with the social role of motherhood, fabricating an emotional relationship between the pregnant person and the fetus (Ntontis and Hopkins 2018 ). Two out of three states with abortion-specific legislation, Kentucky and Louisiana, mentioned fetuses, and both always did so...
View articletitled, Abortion as a Public Health Risk in COVID-19 Antiabortion Legislation View PDF for article titled, Abortion as a Public Health Risk in COVID-19 Antiabortion Legislation
Journal Article

Women's Health

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Mark A. Peterson
J Health Polit Policy Law (2000) 25 (3): 447–450.
DOI: https://doi.org/10.1215/03616878-25-3-447
Published: 01 June 2000
... investigating mothers, alcohol consumption, and media coverage reveals how broad concerns about preventing fetal harm evolved into blaming women—not society or men—for irresponsible actions that threatened the fetus and an imperative to “control the behavior of pregnant women...
View articletitled, Women's Health View PDF for article titled, Women's Health
Journal Article

Can No-Fault Compensation of Impaired Infants Alleviate the Malpractice Crisis in Obstetrics?

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Cynthia L. Gallup
J Health Polit Policy Law (1989) 14 (4): 691–705.
DOI: https://doi.org/10.1215/03616878-14-4-691
Published: 01 August 1989
... and rotate the fetus, even though these prac- tices are strongly contested in modem obstetrics (Friedman et al. 1979; Hughey et al. 1978). Obstetricians used midforceps in 35 of the 587 cases that reported the method of extraction. Of the 35 infants extracted with midforceps, nine (25.7 percent...
View articletitled, Can No-Fault Compensation of Impaired Infants Alleviate the Malpractice Crisis in Obstetrics? View PDF for article titled, Can No-Fault Compensation of Impaired Infants Alleviate the Malpractice Crisis in Obstetrics?