Luke M. Milligan (University of Louisville School of Law) has posted A Theory of Stability: John Rawls, Fetal Homicide, and Substantive Due Process (87 Boston University Law Review, Vol. 87, p. 1177, 2007) on SSRN. Here is the abstract:
The goal of this Article is to evaluate the bifurcated fetal-rights scheme in the light of John Rawls’s political philosophy. In particular, it seeks to discern whether the current set of fetal-homicide laws indicates a societal recognition of fetal personhood, and, if so, whether this renders the right to abortion inconsistent with our principles of justice.