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With stories from the front lines, a legal scholar journeys through distinct legal climates to understand precisely why and how the war over abortion is being fought. Drawing on her years of research in El Salvador—one of the few countries to ban abortion without exception—legal scholar Michelle Oberman explores what happens when abortion is a crime. Oberman reveals the practical challenges raised by a thriving black market in abortion drugs, as well as the legal challenges to law enforcement. She describes a system in which doctors and lawyers collaborate in order to identify and prosecute those suspected of abortion-related crimes, and the troubling results of such collaboration: mistaken diagnoses, selective enforcement, and wrongful convictions. Equipped with this understanding, Oberman turns her attention to the United States, where the battle over abortion is fought almost exclusively in legislatures and courtrooms. Beginning in Oklahoma, one of the most pro-life states, and through interviews with current and former legislators and activists, she shows how Americans voice their moral opposition to abortion by supporting laws that would restrict it. In this America, the law is more a symbol than a plan. Oberman challenges this vision of the law by considering the practical impact of legislation and policies governing both motherhood and abortion. Using stories gathered from crisis pregnancy centers and abortion clinics, she unmasks the ways in which the law already shapes women’s responses to unplanned pregnancy, generating incentives or penalties, nudging pregnant women in one direction or another. In an era in which every election cycle features a pitched battle over abortion’s legality, Oberman uses her research to expose the limited ways in which making abortion a crime matters. Her insight into the practical consequences that will ensue if states are permitted to criminalize abortion calls attention to the naïve and misguided nature of contemporary struggles over abortion’s legality. A fresh look at the battle over abortion law, Her Body, Our Laws is an invitation to those on all sides of the issue to move beyond the incomplete discourse about legality by understanding how the law actually matters.
With stories from the front lines, a legal scholar journeys through distinct legal climates to understand precisely why and how the war over abortion is being fought. Drawing on her years of research in El Salvador—one of the few countries to ban abortion without exception—legal scholar Michelle Oberman explores what happens when abortion is a crime. Oberman reveals the practical challenges raised by a thriving black market in abortion drugs, as well as the legal challenges to law enforcement. She describes a system in which doctors and lawyers collaborate in order to identify and prosecute those suspected of abortion-related crimes, and the troubling results of such collaboration: mistaken diagnoses, selective enforcement, and wrongful convictions. Equipped with this understanding, Oberman turns her attention to the United States, where the battle over abortion is fought almost exclusively in legislatures and courtrooms. Beginning in Oklahoma, one of the most pro-life states, and through interviews with current and former legislators and activists, she shows how Americans voice their moral opposition to abortion by supporting laws that would restrict it. In this America, the law is more a symbol than a plan. Oberman challenges this vision of the law by considering the practical impact of legislation and policies governing both motherhood and abortion. Using stories gathered from crisis pregnancy centers and abortion clinics, she unmasks the ways in which the law already shapes women’s responses to unplanned pregnancy, generating incentives or penalties, nudging pregnant women in one direction or another. In an era in which every election cycle features a pitched battle over abortion’s legality, Oberman uses her research to expose the limited ways in which making abortion a crime matters. Her insight into the practical consequences that will ensue if states are permitted to criminalize abortion calls attention to the naïve and misguided nature of contemporary struggles over abortion’s legality. A fresh look at the battle over abortion law, Her Body, Our Laws is an invitation to those on all sides of the issue to move beyond the incomplete discourse about legality by understanding how the law actually matters.
The definitive history of abortion in the United States, with a new preface that equips readers for what’s to come. When Abortion Was a Crime is the must-read book on abortion history. Originally published ahead of the thirtieth anniversary of Roe v. Wade, this award-winning study was the first to examine the entire period during which abortion was illegal in the United States, beginning in the mid-nineteenth century and ending with that monumental case in 1973. When Abortion Was a Crime is filled with intimate stories and nuanced analysis, demonstrating how abortion was criminalized and policed—and how millions of women sought abortions regardless of the law. With this edition, Leslie J. Reagan provides a new preface that addresses the dangerous and ongoing threats to abortion access across the country, and the precarity of our current moment. While abortions have typically been portrayed as grim "back alley" operations, this deeply researched history confirms that many abortion providers—including physicians—practiced openly and safely, despite prohibitions by the state and the American Medical Association. Women could find cooperative and reliable practitioners; but prosecution, public humiliation, loss of privacy, and inferior medical care were a constant threat. Reagan's analysis of previously untapped sources, including inquest records and trial transcripts, shows the fragility of patient rights and raises provocative questions about the relationship between medicine and law. With the right to abortion increasingly under attack, this book remains the definitive history of abortion in the United States, offering vital lessons for every American concerned with health care, civil liberties, and personal and sexual freedom.
This book tells the real-life horror story of states' abusing laws and infringing on rights to police women and their pregnancies.
"In this important work, Jeanne Flavin looks beyond abortion to document how the law and the criminal justice system police women's rights to conceive, to be pregnant, and to rear their children, as well as how the state seeks to establish what a "good woman" and "fit mother" should look like. Calling for broad-based measures that strengthen women's economic position, choice-making, autonomy, sexual freedom, and health care, Our Bodies, Our Crimes is a battle cry for all women in their fight to be fully recognized as human beings"--
Explains why lawyers seeking gender progress from primary legal materials should start with the common law.
Winner of the LA Times Book Prize in Current Interest An instant New York Times Bestseller! “Stirring…Lithwick’s approach, interweaving interviews with legal commentary, allows her subjects to shine...Inspiring.”—New York Times Book Review “In Dahlia Lithwick’s urgent, engaging Lady Justice, Dobbs serves as a devastating bookend to a story that begins in hope.”—Boston Globe Dahlia Lithwick, one of the nation’s foremost legal commentators, tells the gripping and heroic story of the women lawyers who fought the racism, sexism, and xenophobia of Donald Trump’s presidency—and won After the sudden shock of Donald Trump’s victory over Hillary Clinton in 2016, many Americans felt lost and uncertain. It was clear he and his administration were going to pursue a series of retrograde, devastating policies. What could be done? Immediately, women lawyers all around the country, independently of each other, sprang into action, and they had a common goal: they weren’t going to stand by in the face of injustice, while Trump, Mitch McConnell, and the Republican party did everything in their power to remake the judiciary in their own conservative image. Over the next four years, the women worked tirelessly to hold the line against the most chaotic and malign presidency in living memory. There was Sally Yates, the acting attorney general of the United States, who refused to sign off on the Muslim travel ban. And Becca Heller, the founder of a refugee assistance program who brought the fight over the travel ban to the airports. And Roberta Kaplan, the famed commercial litigator, who sued the neo-Nazis in Charlottesville. And, of course, Stacey Abrams, whose efforts to protect the voting rights of millions of Georgians may well have been what won the Senate for the Democrats in 2020. These are just a handful of the stories Lithwick dramatizes in thrilling detail to tell a brand-new and deeply inspiring account of the Trump years. With unparalleled access to her subjects, she has written a luminous book, not about the villains of the Trump years, but about the heroes. And as the country confronts the news that the Supreme Court, which includes three Trump-appointed justices, will soon overturn Roe v. Wade, Lithwick shines a light on not only the major consequences of such a decision, but issues a clarion call to all who might, like the women in this book, feel the urgency to join the fight. A celebration of the tireless efforts, legal ingenuity, and indefatigable spirit of the women whose work all too often went unrecognized at the time, Lady Justice is destined to be treasured and passed from hand to hand for generations to come, not just among lawyers and law students, but among all optimistic and hopeful Americans.
DIVDIVSusan Brownmiller’s groundbreaking bestseller uncovers the culture of violence against women with a devastating exploration of the history of rape—now with a new preface by the author exposing the undercurrents of rape still present today/divDIV Rape, as author Susan Brownmiller proves in her startling and important book, is not about sex but about power, fear, and subjugation. For thousands of years, it has been viewed as an acceptable “spoil of war,” used as a weapon by invading armies to crush the will of the conquered. The act of rape against women has long been cloaked in lies and false justifications./divDIV It is ignored, tolerated, even encouraged by governments and military leaders, misunderstood by police and security organizations, freely employed by domineering husbands and lovers, downplayed by medical and legal professionals more inclined to “blame the victim,” and, perhaps most shockingly, accepted in supposedly civilized societies worldwide, including the United States./divDIV Against Our Will is a classic work that has been widely credited with changing prevailing attitudes about violence against women by awakening the public to the true and continuing tragedy of rape around the globe and throughout the ages./divDIV Selected by the New York Times Book Review as an Outstanding Book of the Year and included among the New York Public Library’s Books of the Century, Against Our Will remains an essential work of sociological and historical importance./divDIV/div/div
One of the most private decisions a woman can make, abortion is also one of the most contentious topics in American civic life. Protested at rallies and politicized in party platforms, terminating pregnancy is often characterized as a selfish decision by women who put their own interests above those of the fetus. This background of stigma and hostility has stifled women’s willingness to talk about abortion, which in turn distorts public and political discussion. To pry open the silence surrounding this public issue, Sanger distinguishes between abortion privacy, a form of nondisclosure based on a woman’s desire to control personal information, and abortion secrecy, a woman’s defense against the many harms of disclosure. Laws regulating abortion patients and providers treat abortion not as an acceptable medical decision—let alone a right—but as something disreputable, immoral, and chosen by mistake. Exploiting the emotional power of fetal imagery, laws require women to undergo ultrasound, a practice welcomed in wanted pregnancies but commandeered for use against women with unwanted pregnancies. Sanger takes these prejudicial views of women’s abortion decisions into the twenty-first century by uncovering new connections between abortion law and American culture and politics. New medical technologies, women’s increasing willingness to talk online and off, and the prospect of tighter judicial reins on state legislatures are shaking up the practice of abortion. As talk becomes more transparent and acceptable, women’s decisions about whether or not to become mothers will be treated more like those of other adults making significant personal choices.
Finalist for the National Book Award for Fiction “[These stories] vibrate with originality, queerness, sensuality and the strange.”—Roxane Gay “In these formally brilliant and emotionally charged tales, Machado gives literal shape to women’s memories and hunger and desire. I couldn’t put it down.”—Karen Russell In Her Body and Other Parties, Carmen Maria Machado blithely demolishes the arbitrary borders between psychological realism and science fiction, comedy and horror, fantasy and fabulism. While her work has earned her comparisons to Karen Russell and Kelly Link, she has a voice that is all her own. In this electric and provocative debut, Machado bends genre to shape startling narratives that map the realities of women’s lives and the violence visited upon their bodies. A wife refuses her husband’s entreaties to remove the green ribbon from around her neck. A woman recounts her sexual encounters as a plague slowly consumes humanity. A salesclerk in a mall makes a horrifying discovery within the seams of the store’s prom dresses. One woman’s surgery-induced weight loss results in an unwanted houseguest. And in the bravura novella “Especially Heinous,” Machado reimagines every episode of Law & Order: Special Victims Unit, a show we naïvely assumed had shown it all, generating a phantasmagoric police procedural full of doppelgängers, ghosts, and girls with bells for eyes. Earthy and otherworldly, antic and sexy, queer and caustic, comic and deadly serious, Her Body and Other Parties swings from horrific violence to the most exquisite sentiment. In their explosive originality, these stories enlarge the possibilities of contemporary fiction.