Cornell Law Review

Article

When Patients Are Their Own Doctors: Roe v. Wade in an Era of Self-Managed Care

Yvonne Lindgren, Associate Professor of Law, University of Missouri-Kansas City. J.S.D, LL.M., U.C. Berkeley School of Law; J.D., Hastings College of Law; B.A., U.C.L.A.

It is a critical time to re-examine the gatekeeper framing of the abortion right considering the dramatic conservative shift in the Supreme Court that threatens Roe, and in the midst of a pandemic, which—in a complete reversal of the Roe period—renders in-person care by a provider potentially dangerous. In January, the Supreme Court’s first abortion…

Apr 2022

Do Reason-Based Abortion Bans Prevent Eugenics?

Sital Kalantry, Associate Professor of Law, Seattle University School of Law

This Essay discusses a lesser‑known case through which Roe v. Wade could be gutted—by declaring reason‑based bans constitutional.  If the Court finds that one reason‑based abortion ban is constitutionally permissible, it will open the door for states to destroy the fundamental right to abortion by enacting many more reasons for why abortion is impermissible.

Oct 2021

Introduction: Reviving the Thirteenth Amendment

Erwin Chemerinsky, Dean and Jesse H. Choper Distinguished Professor of Law, University of California, Berkeley School of Law.

Amendment XIII Section 1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction. Section 2. Congress shall have power to enforce this article by appropriate legislation. What has been the legal significance…

Sep 2019

Thirteenth Amendment Reflections on Abortion, Surrogacy, and Race Selection

Dov Fox

Pamela Bridgewater’s Breeding a Nation: Reproductive Slavery, the Thirteenth Amendment, and the Pursuit of Freedom never had a chance.11. PAMELA D. BRIDGEWATER, BREEDING A NATION: REPRODUCTIVE SLAVERY, THE THIRTEENTH AMENDMENT, AND THE PURSUIT OF FREEDOM (South End Press 2014) . South End Press went under shortly after publishing it in 2006, forcing the book out…

Sep 2019