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The Irrational Woman: Informed Consent and Abortion Decision-Making

By Alliance Alert

SSRN: "This Article critiques the woman-protective anti-abortion argument from the perspective of healthcare law. It compares women?s healthcare decision-making under abortion law to patient decision-making under more general law. This Article is the first to demonstrate that the woman-protective argument against abortion is an anomaly in the law?s treatment of patient healthcare decision-making. It argues that the denial of pregnant women?s decision-making capacity in abortion law unjustifiably diverges from the law?s respect for patient decision-making capacity in both the tort law doctrine of informed consent and in constitutional law cases governing medical decision-making."

Full post as published by Constitutionally Correct on May 13, 2009 (boomark / email).