Defense of Others and Defensless "Others"

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Legal Studies and Business Ethics Papers
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Civil Rights and Discrimination
Criminal Law
Health Law and Policy
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Law and Gender
Legal Theory
Sexuality and the Law
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Abstract

When the Unborn Victims of Violence Act (UVVA) was signed into law on April 1, 2004,1 the federal government dishonored nothing less pedigreed than its founding philosophy. The UVVA criminalizes harm to the fetus and sanctions such harm with the punishment that would have befallen the accused had the women carrying the fetus been the one to sustain the injuries instead.2 This Article argues that recent efforts at fetal protection, like the UVVA, defy and defile liberalism, the political theory underpinning this nation's constitution,3 and thereby conduce to the subordination of women. 4

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2005-01-01
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Yale Journal of Law and Feminism
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