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In this analysis of federal court cases relying upon the landmark Roe v. Wade decision, the author finds that the pro-life movement in the United States has suffered repeated losses in abortion litigation. Additionally, her research indicates that, despite claims to the contrary, the pro-life movement is a loose collection of underfunded and understaffed public interest organizations. The pro-choice forces are vastly more powerful in abortion litigation, have superior organization and financing, and include not only public interest groups but also private interests such as clinics and professional medical organizations. Divided into three parts, the study begins with a public law analysis of the progeny of Roe cases, examining those variables which appear to impact court decisions. Next the work examines political factors and litigation resources as variables in explaining court decisions. And finally, the work offers a descriptive analysis of abortion litigants which divides the groups into major categories and evaluates them in terms of their resources, longevity, and other such factors. This book will be of interest to those seriously interested in the political and legal ramifications of the abortion controversy.
The 1960s revolutionized American contraceptive practice. Diaphragms, jellies, and condoms with high failure rates gave way to newer choices of the Pill, IUD, and sterilization. Fit to Be Tied provides a history of sterilization and what would prove to become, at once, socially divisive and a popular form of birth control. During the first half of the twentieth century, sterilization (tubal ligation and vasectomy) was a tool of eugenics. Individuals who endorsed crude notions of biological determinism sought to control the reproductive decisions of women they considered "unfit" by nature of race or class, and used surgery to do so. Incorporating first-person narratives, court cases, and official records, Rebecca M. Kluchin examines the evolution of forced sterilization of poor women, especially women of color, in the second half of the century and contrasts it with demands for contraceptive sterilization made by white women and men. She chronicles public acceptance during an era of reproductive and sexual freedom, and the subsequent replacement of the eugenics movement with "neo-eugenic" standards that continued to influence American medical practice, family planning, public policy, and popular sentiment.
Since its founding after World War I, the American Civil Liberties Union has become an integral part of American society. The history of the ACLU parallels the extension of civil rights and liberties in the United States. With a total of 1454 entries spanning almost three quarters of a century, this annotated bibliography provides an important research tool for scholars, attorneys, and policy analysts. The author has organized the work into six chapters: general works concerning the ACLU, the history of the organization, contemporary and related civil liberties issues, ACLU leaders, and resources to guide scholars.
How Sex Became a Civil Liberty shows how we came to see sexual expression, sexual practice, and sexual privacy as fundamental rights enshrined in the Constitution, thanks to the work of ACLU leaders and attorneys who forged legal principles that advanced the sexual revolution.
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.
A new edition of the feminist classic, with an all-new introduction exploring the role of backlash in the 2016 election and laying out a path forward for 2020 and beyond Winner of the National Book Critics Circle Award • “Enraging, enlightening, and invigorating, Backlash is, most of all, true.”—Newsday First published in 1991, Backlash made headlines and became a bestselling classic for its thoroughgoing debunking of a decadelong antifeminist backlash against women’s advances. A Pulitzer Prize–winning journalist, Susan Faludi brilliantly deconstructed the reigning myths about the “costs” of women’s independence—from the supposed “man shortage” to the “infertility epidemic” to “career burnout” to “toxic day care”—and traced their circulation from Reagan-era politics through the echo chambers of mass media, advertising, and popular culture. As Faludi writes in a new preface for this edition, much has changed in the intervening years: The Internet has given voice to a new generation of feminists. Corporations list “gender equality” among their core values. In 2019, a record number of women entered Congress. Yet the glass ceiling is still unshattered, women are still punished for wanting to succeed, and reproductive rights are hanging by a thread. This startling and essential book helps explain why women’s freedoms are still so demonized and threatened—and urges us to choose a different future.
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