BODILY AUTONOMY GOVERNING BODIES: THE LAW
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GOVERNING BODIES: BODILY AUTONOMY and THE LAW
2022 DETROIT MERCY LAW REVIEW SYMPOSIUM:
GOVERNING BODIES:
BODILY AUTONOMY
and
THE LAW
PROGRAM
MARCH 4, 2022
GOVERNING BODIES: BODILY AUTONOMY and THE LAW
SCHEDULE
12:00 P.M. – 12:15 P.M. OPENING REMARKS
12:15 P.M. – 1:45 P.M. PANEL I: AUTONOMY AT LIFE’S
BEGINNING & END
1:45 P.M. – 1:55 P.M. BREAK
1:55 P.M. – 3:25 P.M. PANEL II: AUTONOMY & INEQUALITY
3:25 P.M. – 3:35 P.M. BREAK
3:35 P.M. – 5:05 P.M. PANEL III: EXEMPTIONS &
EXCEPTIONS TO AUTONOMY
5:05 P.M. – 5:15 P.M. CLOSING REMARKS
2 2022 DETROIT MERCY LAW REVIEW SYMPOSIUM:
GOVERNING BODIES: BODILY AUTONOMY AND THE LAWGOVERNING BODIES: BODILY AUTONOMY and THE LAW
CONTENT
PANEL I. AUTONOMY AT LIFE’S
BEGINNING & END
Moderator: Michelle Richards,
Associate Professor of Law
Viewing Bodily Autonomy Issues
across the States
Dr. Abigail Matthews,
Assistant Professor, Department of Political Science
Dr. Rebecca Kreitzer,
Associate Professor of Public Policy
The Fetal Equality Gap
Professor Shaakirrah Sanders,
Professor of Law
Choosing How the State Kills
Professor Alexandra Klein,
Visiting Assistant Professor of Law
Regulating Autonomy at Life’s End
Bernadette Nunley,
National Director of Policy, Compassion & Choices
3 2022 DETROIT MERCY LAW REVIEW SYMPOSIUM:
GOVERNING BODIES: BODILY AUTONOMY AND THE LAWGOVERNING BODIES: BODILY AUTONOMY and THE LAW
CONTENT
PANEL II. AUTONOMY & INEQUALITY
Moderator: Karen McDonald Henning, Associate
Dean, Academic Affairs, Associate Professor of Law
Disability Law’s Coercive
Medical Encounters
Katherine Macfarlane,
Associate Professor of Law
Intersectional Legal Analysis of Disability,
Mental Illness, Race, & State Violence
Joonu Coste,
Attorney, Disability Rights North Carolina
Reproductive Slavery: The Exclusion
of Women of Color from Reproductive
Autonomy & Liberty
Professor Brittany Raposa,
Associate Director & Professor of Bar Support
Civil Liability for Systemic Risks of
Sexual Violence
Jennifer Brobst,
Associate Professor of Law
4 2022 DETROIT MERCY LAW REVIEW SYMPOSIUM:
GOVERNING BODIES: BODILY AUTONOMY AND THE LAWGOVERNING BODIES: BODILY AUTONOMY and THE LAW
CONTENT
PANEL III. EXEMPTIONS &
EXCEPTIONS TO AUTONOMY
Moderator: J. Richard Broughton, Associate Dean,
Faculty Research and Development, Professor of Law
Guardianship & the Deprivation
of Bodily Autonomy
Professor Prianka Nair,
Assistant Professor of Clinical Law & Co-Director of the
Disability and Civil Rights Clinic
The Interpersonal Dimension of Individual
Freedom: Why Vaccines Are Not Entirely a
Matter of Individual Choice
Amber Polk,
Teaching Fellow, LLM Program in
Environmental Law and Policy
Losses and Gains: Regulating Bodies
in a Players’ Market
Professor Shanthi Senthe,
Assistant Professor of Law
Is the Devil in the Details?
Professor John Browning,
Associate Professor of Law
5 2022 DETROIT MERCY LAW REVIEW SYMPOSIUM:
GOVERNING BODIES: BODILY AUTONOMY AND THE LAWGOVERNING BODIES: BODILY AUTONOMY and THE LAW
BIOGRAPHIES
Jennifer Brobst is an Associate Professor of Law
at Southern Illinois University in Carbondale, cross-
appointed in the SIU School of Medicine Department of
Medical Humanities. She has served as a child forensic
interviewer and Deputy Prosecuting Attorney in South
Bend, Indiana, a Supervising Attorney of the frst
Domestic Violence Legal Clinic at NC Central University
School of Law, Legal Director of the Center for Child
and Family Health, affliated with NCCU, UNC-Chapel
Hill, and Duke University School of Medicine, and was
the frst Trainer for the statewide victim rights advocacy
nonproft the NC Coalition Against Sexual Assault. She
has a B.A. degree with Honors in Social Anthropology
and Archaeology from University of Cape Town in South
Africa; J.D. from University of San Diego; and LL.M. (by
thesis in international comparative law) from Victoria
University at Wellington, New Zealand.
6 2022 DETROIT MERCY LAW REVIEW SYMPOSIUM:
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BIOGRAPHIES
J. Richard Broughton is Associate Dean for Faculty
Research and Development, and a tenured Professor
of Law, at University of Detroit Mercy School of Law
in Detroit, Michigan. He previously served as Associate
Dean for Academic Affairs from 2016 to 2022. He teaches
broadly in the areas of Criminal Law, Constitutional Law,
and Constitutional Criminal Procedure, and conducts
advanced courses on the criminal law of terrorism,
federal criminal law, and congressional investigations
and oversight. His research and scholarship focus on the
intersection of federal criminal law and constitutional law
with American politics, institutions, and security. Prior to
joining the Detroit Mercy Law faculty, Dean Broughton
served on the law school faculties at Wayne State,
Stetson, and Texas Wesleyan (now Texas A&M), and was a
Lecturer in Government at Johns Hopkins University. He
also previously served as a lawyer in the Criminal Division
of the United States Department of Justice in Washington
D.C. There, in the Capital Case Unit, he handled cases
involving violent crimes related to gangs and other
criminal organizations, drug traffcking, frearms, and
national security. He advised Justice Department leaders
and federal prosecutors on federal death penalty
matters, assisted with federal crime legislation and
congressional oversight, and represented the United
States in federal capital cases, both at the trial and
appellate levels. And he previously served as Assistant
Attorney General of Texas for Capital Litigation, as a law
clerk to the chief judge of the Texas Court of Criminal
Appeals, and as a law clerk to the House Judiciary
Committee’s Subcommittee on the Constitution. Dean
Broughton has won multiple teaching and public service
awards, appears in the national and local media as a legal
expert, and has published dozens of scholarly articles in
journals throughout the country.
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GOVERNING BODIES: BODILY AUTONOMY AND THE LAWGOVERNING BODIES: BODILY AUTONOMY and THE LAW
BIOGRAPHIES
John Browning is a partner in the Plano, Texas offce
of Spencer Fane, LLP, a Visiting Associate Professor at
Faulkner University’s Jones School of Law, and a former
Justice on Texas’ Fifth District Court of Appeals. He is
the author of several books and dozens of law review
articles on technology and the law, and is a past Chair
of the Computer & Technology Section of the State
Bar of Texas. He also serves as Chair of the Institute for
Law and Technology at the Center for American and
International Law.
Joonu Coste joined Disability Rights North Carolina in
September 2019 as the agency’s frst Equal Justice Works
Fellow. Coste’s work focuses on the civil rights of children
living in psychiatric residential treatment facilities in
NC. Her research interest is intersectional justice. She
graduated from Campbell University School of Law in
May 2019 where she was a member of the nationally-
ranked advocacy team and served as an associate editor
of the Campbell Law Observer. In 2021 she completed
her dissertation on intersectional health justice for the
LL.M. program at Nottingham Trent University (UK). Her
dissertation was subsequently published in Campbell
Law Review. Two of Coste’s three children are autistic.
After many years as an at-home mother, advocate,
therapist, home educator, medical social worker she
returned to school in order to advocate on behalf of
children, families, and individuals with disabilities. She
lives in the Triangle with her husband, three children,
therapy rabbit, and cat. She loves reading, doting on her
family, and running.
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BIOGRAPHIES
Alexandra Klein is currently a Visiting Assistant Professor
of Law at Washington & Lee University School of Law and
will join the faculty of St. Mary’s University School of Law
as an Assistant Professor of Law in fall 2022. She researches
and teaches in the area of criminal law, criminal procedure,
constitutional law, and the death penalty. Her scholarship has
been published in, or is forthcoming in the Ohio State Law
Journal, the Florida Law Review, and the Washington and
Lee Law Review. She has clerked on the Maryland Court of
Appeals and the U.S. Court of Appeals for the Sixth Circuit.
Professor Klein received her J.D. summa cum laude from
Washington & Lee University School of Law and her B.F.A.
cum laude from Virginia Commonwealth University.
Dr. Rebecca Kreitzer is an Associate Professor of Public
Policy and an Adjunct Associate Professor of Political Science
at the University of North Carolina at Chapel Hill — and the
author of some of the most downloaded articles in Political
Science on the policy environment in which abortion
laws are passed. Her research focuses on gender, political
representation, political inequality, and public policy in the
United States.
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BIOGRAPHIES
Katherine Macfarlane teaches and writes about
Civil Rights Litigation, Disability Law, and Civil Procedure.
Her work has appeared in the Fordham Law Review, the
Alabama Law Review, the Yale Law Journal Forum, and
the Stanford Journal of Civil Rights and Civil Liberties,
among others. Professor Macfarlane has served as chair
of the AALS Section on Disability Law and co-founded an
affnity group for disabled law professors and allies. She
frequently presents and writes about students, lawyers,
and professors with disabilities, and the challenges they
face in obtaining reasonable accommodations. She is
also involved in disability and patient rights advocacy,
and addressed the Congressional Arthritis Caucus in
Washington, D.C. Prior to entering legal academia she
served as an Assistant Corporation Counsel with the New
York City Law Department, and as an associate in Quinn
Emanuel Urquhart & Sullivan’s Los Angeles and New
York offces. Professor Macfarlane clerked for the District
of Arizona and the U.S. Court of Appeals for the Ninth
Circuit and is admitted to practice in California and New
York. She received her B.A. from Northwestern University,
and her J.D., from Loyola Law School, Los Angeles.
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BIOGRAPHIES
Dr. Abigail Matthews is an Assistant Professor
of Political Science at the University at Buffalo, SUNY.
Her research focuses primarily on American political
institutions and decision making, with an emphasis
on judicial politics, empirical legal studies, and state
legislatures. She broadly explores the role of the judiciary
in the development of jurisprudence and how laws and
policies affect marginalized groups.
Karen McDonald Henning - Karen McDonald
Henning’s scholarship principally focuses on the remedies
available for violations of constitutional rights. After
graduating from law school, she clerked for Judge
Collins Seitz for the Third Circuit of the United States
Court of Appeals. Professor Henning then joined the
litigation department of Skadden, Arps, Slate, Meagher
and Flom and worked on a variety of matters before
federal appellate and trial courts as well as federal
administrative agencies. She served as an appellate
attorney in the Offce of the Attorney General for the
District of Columbia and represented the District of
Columbia in cases before the United States Court of
Appeals for the District of Columbia and the District of
Columbia Court of Appeals.
Professor Henning joined the Detroit Mercy Law faculty
in 2008. She has received the University of Detroit Mercy
Faculty Excellence Award, the Student Bar Association
Professor of the Year Award, James T. Barnes, Sr.
Memorial Faculty Scholar Award and Moot Court Faculty
Coach of the Year twice.
Professor Henning enjoys spending time outside,
especially hiking and kayaking.
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BIOGRAPHIES
Prianka Nair is Assistant Professor of Clinical Law and
Faculty Director of the Disability and Civil Rights Clinic.
Prior to joining the faculty at Brooklyn Law School,
Professor Nair worked as a public interest attorney at
Disability Rights New York. She conducted abuse and
neglect investigations, focusing on access to services
in correctional facilities across New York State. She has
also litigated cases and led policy changes to achieve
equal rights for persons with disabilities. Her litigation
included cases involving violations of the Americans
with Disabilities Act, the Individuals with Disabilities
Education Act and the Fourteenth Amendment. She has
also represented clients in all aspects of guardianship and
related proceedings in state and federal court. Professor
Nair completed her Masters of Law (LL.M) at Columbia
University, where she was a Kent Scholar. Prior to this, she
worked as a solicitor representing the Australian federal
government at the Australian Government Solicitor.
12 2022 DETROIT MERCY LAW REVIEW SYMPOSIUM:
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BIOGRAPHIES
Bernadette Nunley leads the Compassion & Choices
Policy Team. Together with staff across the organization,
the team develops federal and state policies to authorize,
ensure access to, protect, and improve the quality of end-
of-life care and the full range of end-of-life options. Nunley
is a long-time health lawyer and advocate with expertise in
health policy. Prior to Compassion & Choices, she served as
lead advisory attorney for the largest health department
and local public health division in Oregon. Nunley fosters
systemic change through law and policy, bringing together
community advocates, lawmakers, and other stakeholders
to create far-reaching solutions to complex health-related
problems. Nunley is passionate about building healthy
communities and ending systemic inequities in health and
healthcare. She centers her work around empowering
community members and holding lawmakers accountable
to serving their constituents. Nunley earned her BA in
English from Bellarmine College in Louisville, Kentucky and
her J.D. from Northwestern School of Law of Lewis and
Clark College in Portland, Oregon.
13 2022 DETROIT MERCY LAW REVIEW SYMPOSIUM:
GOVERNING BODIES: BODILY AUTONOMY AND THE LAWGOVERNING BODIES: BODILY AUTONOMY and THE LAW
BIOGRAPHIES
Amber Polk is currently the Teaching Fellow for the
Environmental Law and Policy LLM program at Stanford
Law School. Her research focuses on rights-based
environmentalism, where the language of rights has
resurged as a way to demand desirable environmental
outcomes in the law. Prior to joining Stanford in 2019,
Amber clerked for the Honorable Robert W. Trumble in
the Northern District of West Virginia and the Honorable
Joseph R. Goodwin in the Southern District of West
Virginia. She was also an adjunct professor at the
University of Illinois College of Law in 2019. Amber earned
her M.A. and Ph.D. in Philosophy from the University of
Illinois at Urbana-Champaign. She earned her J.D. from
the University of Illinois College of Law in 2016.
Brittany Raposa is a professor at Roger Williams
University School of Law. She teaches Family Law and
Reproductive Justice and directs the law school’s bar exam
preparation program. Her scholarship focuses on access to
reproductive healthcare and reproductive justice.
14 2022 DETROIT MERCY LAW REVIEW SYMPOSIUM:
GOVERNING BODIES: BODILY AUTONOMY AND THE LAWGOVERNING BODIES: BODILY AUTONOMY and THE LAW
BIOGRAPHIES
Michelle Richards received her undergraduate degree
in Social Science, Multidisciplinary Studies, with special
emphasis on Political Science, Economics and Psychology,
from Michigan State University and her Juris Doctor from
the University of Detroit Mercy School of Law. Following
graduation from law school, Professor Richards served as an
Assistant Corporation Counsel to the City of Detroit under
Mayor Dennis Archer and then moved into private litigation
practice with the law frm of Harvey Kruse, P.C. in Troy,
Michigan where she developed an appellate practice in
both state and federal courts. Immediately prior to coming
to Detroit Mercy Law, Professor Richards was the Director
of Regulatory Affairs for Comcast’s Midwest Division,
a position which involved the handling of regulatory
and corporate transactional matters, as well litigation
management for franchise areas in ten different states.
At Detroit Mercy Law, Professor Richards is principally
responsible for teaching Applied Legal Theory and
Analysis, Civil Procedure, Torts, and is teaching the
school’s frst-ever Public Health Law course in the
Winter of 2022. She has also developed a course in the
law school’s law frm program (“LFP”) called Pre-Trial
Litigation Skills, in which students explore basic litigation
skills in a problem-based context, and also worked
with her colleagues to develop an innovative Advanced
Appellate Advocacy course. Her scholarship centers
primarily on public health law topics and drug regulation.
She currently serves as the co-chair of the Curriculum
Committee and was the chair of the Moot Court Faculty
Committee for more than ten years. She is a member of
the ABA, State Bar of Michigan, and is a former Executive
Board member of the Young Lawyers Section for the SBM.
Professor Richards enjoys spending time with her
husband, fve children, and several animals of varying
sizes in the Ann Arbor area.
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GOVERNING BODIES: BODILY AUTONOMY AND THE LAWGOVERNING BODIES: BODILY AUTONOMY and THE LAW
BIOGRAPHIES
Shaakirrah Sanders is a visiting professor at
Brooklyn Law School and is the frst Black, African
American full professor at the University of Idaho and
its College of Law. She teaches, writes, and comments
on U.S. Constitutional Law and Criminal Procedure,
including the First Amendment. Shaakirrah was born in
Detroit, Michigan and was named a Wade H. McCree,
Jr. Incentive Scholar by the Detroit Public Schools.
Shaakirrah earned a B.S. in Psychology at Trinity College
in Hartford, Connecticut and currently serves on its
Board of Fellows. Shaakirrah attended Loyola University
New Orleans College of Law, where she was a member
of its law review editorial board and a William Crowe
Scholar. Afterwards Shaakirrah served as a judicial law
clerk for both the Honorable Ivan L.R. Lemelle in the
United States District Court for the Eastern District of
Louisiana and the Honorable Lavenski R. Smith, current
Chief Judge of the United States Court of Appeals for
the Eighth Circuit. Shaakirrah serves as one of three
general counsels for the ACLU National Board, upon
which she is the representative for Idaho. She also
chairs the Idaho State Advisory Committee for the U.S.
Commission on Civil Rights.
16 2022 DETROIT MERCY LAW REVIEW SYMPOSIUM:
GOVERNING BODIES: BODILY AUTONOMY AND THE LAWGOVERNING BODIES: BODILY AUTONOMY and THE LAW
BIOGRAPHIES
Shanthi Senthe is an Assistant Professor at Windsor
Law. She teaches Business Associations, Secured
Transactions, and Sports Law. Professor Senthe is also
a faculty member with the Dual-J.D. program, in which
she teaches the Business Association module. She has
taught Corporate Governance and Remedies. Prior to
joining Windsor Law, Professor Senthe was an Assistant
Professor with the Faculty of Law at Thompson Rivers
University in British Columbia for three years. Professor
Senthe is admitted to practice law in Ontario, Florida,
North Carolina and the District of Columbia. Her research
interests include corporate, commercial, banking and
fnance law and sports law. She is currently leading a
research study involving Black commercialization and
fnancialization in the Detroit area.
Professor Senthe is completing her PhD at Osgoode Hall
Law School, focusing on banking and fnance regulation
and governance. She completed a merit-based judicial
externship at the Florida Supreme Court, and a judicial
clerkship at the Superior Court of the District of
Columbia. Her professional experiences include banking
and corporate-commercial litigation. She has received
multiple research awards, including the Social Sciences
and Humanities Research Council of Canada (SSHRC)
Doctoral Fellowship. She taught as a guest lecturer at
Osgoode Hall Law School and was a Visiting Scholar at
Duke University School of Law in 2013.
17 2022 DETROIT MERCY LAW REVIEW SYMPOSIUM:
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