Family Law Prof Blog

Editor: Margaret Ryznar
Indiana University
Robert H. McKinney School of Law

Wednesday, November 24, 2010

Coan: "Assisted Reproductive Equality: An Institutional Analysis"

Andrew B. Coan (University of Wisconsin Law School) has posted "Assisted Reproductive Equality: An Institutional Analysis" (forthcoming Case Western Reserve Law Review) on SSRN.  Here is the abstract:

Should the constitutional right to procreative liberty extend to assisted reproductive technologies? Unlike most commentators to address this question, Radhika Rao appreciates that the answer turns not only on constitutional values but also on the competence of the institutions called upon to carry those values into effect. On that basis, she urges courts to focus on reproductive equality rather than recognizing a broad liberty right or leaving the regulation of assisted reproductive technologies wholly to an unsupervised political process. This brief symposium essay assesses the institutional promise and limitations of Rao’s reproductive equality approach. A broader takeaway is that comparative institutional analysis is both necessary to sound constitutional reasoning and more complex than many otherwise able constitutional analysts have appreciated. This paper is a companion piece to Andrew Coan, The Future of Reproductive Freedom, also available on SSRN.


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