Abstract

http://ssrn.com/abstract=1805904
 
 

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Fetal Pain, Abortion, Viability and the Constitution


I. Glenn Cohen


Harvard Law School

Sadath Sayeed


Harvard Medical School

April 8, 2011

The Journal of Law, Medicine & Ethics, Vol. 39, 2011
Harvard Public Law Working Paper No. 11-26

Abstract:     
Can a U.S. state prohibit pre-viability abortions on the basis of concern of pain to fetuses?

Given that legislation in Nebraska purports to do, and the fact that similar are efforts now working through the legislative process in Alabama, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Minnesota, Oklahoma, and soon perhaps other states, the question is a pressing one.

In this short paper for the leading peer-reviewed law and medicine journal, we are the first to comprehensively examine these efforts to prohibit early abortion based on concerns about fetal pain from a constitutional, medical, and bioethical perspective.

Number of Pages in PDF File: 14

Keywords: Abortion, Fetal Pain, Constitutional Law, Fetus, Viability, Bioethics

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Date posted: April 11, 2011 ; Last revised: December 13, 2011

Suggested Citation

Cohen, I. Glenn and Sayeed, Sadath, Fetal Pain, Abortion, Viability and the Constitution (April 8, 2011). The Journal of Law, Medicine & Ethics, Vol. 39, 2011; Harvard Public Law Working Paper No. 11-26. Available at SSRN: http://ssrn.com/abstract=1805904

Contact Information

I. Glenn Cohen (Contact Author)
Harvard Law School ( email )
1525 Massachusetts Avenue
Griswold Hall 503
Cambridge, 02138
United States
Sadath Sayeed
Harvard Medical School ( email )
250 Longwood Avenue
Boston, MA 02115
United States
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