Kimberly Mutcherson

Rutgers, The State University of New Jersey | Rutgers ·  School of Law - Camden

Using the case of Marlise Muñoz, a Texas woman who physicians declared dead by neurologic criteria during her second trimester of pregnancy, this chapter contemplates bodily autonomy and dignity for pregnant people who are declared dead by neurologic criteria. In the United States, competent adults may use legal tools to express their wishes for th...

Since its Broadway debut, Hamilton: An American Musical has infused itself into the American experience: who shapes it, who owns it, who can rap it best. Lawyers and legal scholars, recognizing the way the musical speaks to some of our most complicated constitutional issues, have embraced Alexander Hamilton as the trendiest historical face in Ameri...

Feminist Judgments: Reproductive Justice Rewritten - edited by Kimberly Mutcherson April 2020

Cambridge Core - American Government, Politics and Policy - Feminist Judgments: Reproductive Justice Rewritten - edited by Kimberly Mutcherson

Feminist Judgments: Reproductive Justice Rewritten - edited by Kimberly Mutcherson April 2020

Feminist Judgments: Reproductive Justice Rewritten - edited by Kimberly Mutcherson April 2020

Feminist Judgments: Reproductive Justice Rewritten - edited by Kimberly Mutcherson April 2020

Feminist Judgments: Reproductive Justice Rewritten - edited by Kimberly Mutcherson April 2020

Feminist Judgments: Reproductive Justice Rewritten - edited by Kimberly Mutcherson April 2020

Feminist Judgments: Reproductive Justice Rewritten - edited by Kimberly Mutcherson April 2020

Feminist Judgments: Reproductive Justice Rewritten - edited by Kimberly Mutcherson April 2020

In her article, “Selective Reduction: ‘A Soft Cover for Hard Choices’ or Another Name for Abortion?,” Radhika Rao explores the dense thicket of contradictions and conflicts related to abortion and selective reduction. Selective reduction is one name for a procedure performed to terminate one or more fetuses in a multi-fetal pregnancy in order to in...

As has been the case with other types of medical tourism, the phenomenon of cross border fertility care ("CBFC") has sparked concern about the lack of global or even national harmonization in the regulation of the fertility industry. The diversity of laws around the globe leads would-be parents to forum shop for a welcoming place to make babies. Fo...

This essay responds to I. Glenn Cohen’s articles, Regulating Reproduction and Beyond Best Interests, by asserting that Cohen’s work fails to attain his goal of fundamentally shifting the terrain upon which discussions about exercising control over reproduction takes place. The response offers four interrelated observations about why Cohen’s work is...

This response piece to Darren Rosenblum’s provocative article Unsex Mothering: Toward a Culture of New Parenting argues that Rosenblum’s call for unsexed mothering has three primary flaws. First, Professor Rosenblum’s narrative avoids any substantial discussion of the myriad ways in which “mother” and “mothering” are highly loaded terms whose perce...

This is the foreword to a special symposium issue of the Rutgers Law Journal featuring papers written in contemplation of the April 2011 Roundtable on Regulating Reproduction held at the Rutgers School of Law, Camden.

This Essay includes a first-person narrative of having a child through surrogacy, responses to that narrative by other law professors and the surrogate, and a concluding response and epilogue by the Author.

Recognizing the complicated relationship between potential patients and fertility doctors, this Article seeks to provide some clarity and guidance to those facing the daunting task of accepting or rejecting patients on the basis of their disability status. Part I describes the various ways that physicians providing fertility services decide to acce...

This article seeks to understand the divide between those who advocate for a broad belief in adolescent competence in the realm of healthcare decision-making and those who advocate for a broad belief in adolescent incompetence in criminal law. After detailing various ways of understanding competence for adolescents and delineating how advocates and...

The article focuses on pre-implantation genetic diagnosis ("PGD"), a technology that allows health care providers and potential parents to screen embryos for a range of characteristics prior to implanting them in a woman's uterus. Many potential parents use the technology to screen out life-threatening diseases, but many have expressed concerns abo...

This article queries whether the law inappropriately deprives adolescents of the right to participate in and potentially direct their own healthcare. I argue that the broad withholding of healthcare decision-making rights from adolescents is morally unfounded and practically unnecessary and that the age marker dividing childhood from adulthood for...

This paper concerns the difficult dilemma of healthcare treatment decisions for HIV-positive children. Part I provides background to the discussion of medical neglect cases involving HIV-positive children and HIV-positive mothers including information concerning the demographics of women and children living with HIV/AIDS in the United States as wel...