Monday, September 29, 2014
Michele Goodwin (University of California, Irvine School of Law) has posted Fetal Protection Laws: Moral Panic and the New Constitutional Battlefront (California Law Review, Vol. 102, No. 4, August 2014) on SSRN. Here is the abstract:
This Article makes three claims. First, it argues that doctors breach what should be an unwavering duty of confidentiality to pregnant patients by trampling the well-established expectations of the patient-physician relationship. Second, it argues that even if states’ chief goal is to promote fetal health by enacting protectionist laws, punitive state interventions contravene that objective and indirectly undermine fetal health. Finally, the Article argues that fetal protection laws unconstitutionally situate pregnant women as unequal citizens by unjustly denying them basic human and legal rights afforded other citizens.