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This book tells the movement and litigation stories behind important reproductive rights and justice cases. The twelve chapters span topics including contraception, abortion, pregnancy, and assisted reproductive technologies, telling the stories of these cases using a wide-lens perspective that illuminates the complex ways law is debated and forged--in social movements, in representative government, and in courts. Some of the chapters shed new light on cases that are very much part of the constitutional law canon--Griswold v. Connecticut, Roe v. Wade, Planned Parenthood v. Casey, Nevada Department of Human Resources v. Hibbs. Others introduce the reader to new cases from state and lower federal courts that illuminate paths not taken in the law. Reading the cases together highlights the lived horizon in which individuals have encountered and struggled with questions of reproductive rights and justice at different eras in our nation's history--and so reveals the many faces of law and legal change. The volume is being published at a critical and perhaps pivotal moment for this area of law. The changing composition of the Supreme Court, increased executive and legislative action, and shifting political interests have all pushed issues of reproductive rights and justice to the forefront of contemporary discourse. The volume is suited to a wide range of law school courses, including constitutional law, family law, employment law, and reproductive rights and justice; it could also be assigned in undergraduate or graduate courses on history, gender studies, and reproductive rights and justice.
Reproductive justice theory made real through re-imagining critical cases addressing pregnancy, parenting, and the law's treatment of marginalized women.
It is increasingly implausible to speak of a purely domestic abortion law, as the legal debates around the world draw on precedents and influences of different national and regional contexts. While the United States and Western Europe may have been the vanguard of abortion law reform in the latter half of the twentieth century, Central and South America are proving to be laboratories of thought and innovation in the twenty-first century, as are particular countries in Africa and Asia. Abortion Law in Transnational Perspective offers a fresh look at significant transnational legal developments in recent years, examining key judicial decisions, constitutional texts, and regulatory reforms of abortion law in order to envision ways ahead. The chapters investigate issues of access, rights, and justice, as well as social constructions of women, sexuality, and pregnancy, through different legal procedures and regimes. They address the promises and risks of using legal procedure to achieve reproductive justice from different national, regional, and international vantage points; how public and courtroom debates are framed within medical, religious, and human rights arguments; the meaning of different narratives that recur in abortion litigation and language; and how respect for women and prenatal life is expressed in various legal regimes. By exploring how legal actors advocate, regulate, and adjudicate the issue of abortion, this timely volume seeks to build on existing developments to bring about change of a larger order. Contributors: Luis Roberto Barroso, Paola Bergallo, Rebecca J. Cook, Bernard M. Dickens, Joanna N. Erdman, Lisa M. Kelly, Adriana Lamačková, Julieta Lemaitre, Alejandro Madrazo, Charles G. Ngwena, Rachel Rebouché, Ruth Rubio-Marín, Sally Sheldon, Reva B. Siegel, Verónica Undurraga, Melissa Upreti.
A Miscarriage of Justice examines women's reproductive health in relation to legal and medical policy in Rio de Janeiro, Brazil. After the abolition of slavery in 1888 and the onset of republicanism in 1889, women's reproductive capabilities—their ability to conceive and raise future citizens and laborers—became critical to the expansion of the new Brazilian state. Analyzing court cases, law, medical writings, and health data, Cassia Roth argues that the state's approach to women's health in the early twentieth century focused on criminalizing fertility control without improving services or outcomes for women. Ultimately, the increasingly interventionist state fostered a culture of condemnation around poor women's reproduction that extended beyond elite discourses into the popular imagination. By tracing how legal thought and medical knowledge became cemented into law and clinical practice, how obstetricians, public health officials, and legal practitioners approached fertility control, and how women experienced and negotiated their reproductive lives, A Miscarriage of Justice provides a new way of interpreting the intertwined histories of gender, race, reproduction, and the state—and shows how these questions continue to reverberate in debates over reproductive rights and women's health in Brazil today.
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In Policing the Womb, Michele Goodwin explores how states abuse laws and infringe on rights to police women and their pregnancies. This book looks at the impact of these often arbitrary laws which can result in the punishment, incarceration, and humiliation of women, particularly poor women and women of color. Frequently based on unscientific claims of endangering a fetus, these laws allow extraordinary powers to state authorities over reproductive freedom and pregnancies. In this book, Michele Goodwin discusses real examples of women whose pregnancies have been controlled by the law and what has led to the United States being the deadliest country in the developed world for a woman to be pregnant.
In this book, leading academics and practitioners in the field of reproductive health address topics such as contraception, abortion, sexually transmitted infections, maternal and prenatal health, sexuality and reproductive rights by examining a number of critical issues in these areas. The authors describe new research, identify gaps and priorities in policy and practice, and illustrate innovative solutions. The book further addresses such current imperatives as understanding the social meanings of emergency contraception, measuring gender-based violence, improving reproductive health governance, strengthening health systems and services, and redressing institutional barriers. The book also assesses how reproductive health programs can be reconfigured to new challenges such as those posed by climate change, vulnerable youth in fragile states, and risks from new infertility treatments. Using a rich and varied set of cases, a broad public health and social science perspective, and novel methodological approaches, this book questions common assumptions, illustrates effective solutions and sets out research, policy, and programmatic agendas for the present and future. This is a comprehensive volume which provides a valuable resource to researchers, educators, practitioners, policymakers and students, as well as anyone studying or advocating for reproductive health.
This up-to-date history of Roe v. Wade covers the complete social and legal context of the case that remains the touchstone for America's culture wars.
A landmark literary anthology of poems, stories, and essays, Choice Words collects essential voices that renew our courage in the struggle to defend reproductive rights. Twenty years in the making, the book spans continents and centuries. This collection magnifies the voices of people reclaiming the sole authorship of their abortion experiences. These essays, poems, and prose are a testament to the profound political power of defying shame. Contributors include Ai, Amy Tan, Anne Sexton, Audre Lorde, Bobbie Louise Hawkins. Camonghne Felix, Carol Muske-Dukes, Diane di Prima, Dorothy Parker, Gloria Naylor, Gloria Steinem, Gwendolyn Brooks, Jean Rhys, Joyce Carol Oates, Judith Arcana, Kathy Acker, Langston Hughes, Leslie Marmon Silko, Lindy West, Lucille Clifton, Mahogany L. Browne, Margaret Atwood, Molly Peacock, Ntozake Shange, Ruth Prawer Jhabvala, Sharon Doubiago, Sharon Olds, Shirley Geok-lin Lim, Sholeh Wolpe, Ursula Le Guin, and Vi Khi Nao.