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Articles 1 - 9 of 9
Full-Text Articles in Law and Gender
Reproducing Inequality Under Title Ix, Deborah L. Brake, Joanna L. Grossman
Reproducing Inequality Under Title Ix, Deborah L. Brake, Joanna L. Grossman
Articles
This article elaborates on and critiques the law’s separation of pregnancy, with rights grounded in sex equality under Title IX, from reproductive control, which the law treats as a matter of privacy, a species of liberty under the due process clause. While pregnancy is the subject of Title IX protection, reproductive control is parceled off into a separate legal framework grounded in privacy, rather than recognized as a matter that directly implicates educational equality. The law’s division between educational equality and liberty in two non-intersecting sets of legal rights has done no favors to the reproductive rights movement either. By …
"We Aren't All The Same": The Singularity Of Reproductive Experiences Amidst Institutional Objectification In Argentina's Public Maternal Health Services, Sabrina S. Yañez
"We Aren't All The Same": The Singularity Of Reproductive Experiences Amidst Institutional Objectification In Argentina's Public Maternal Health Services, Sabrina S. Yañez
Journal of Feminist Scholarship
Reproductive health services in Argentina are organized in ways that depersonalize, standardize, and fragment women’s bodies and lives. Alternatively, women’s accounts of their pregnancy, birth, and postpartum experiences reveal many nuances and moments of dislocation between experience and language: their immersion in social and material conditions; traces of ambivalence and contradiction; moves between continuity and fragmentation; density of lived time and space; and profound corporeal awareness. Guided by the methodological and conceptual premises of institutional ethnography, this article is a critical effort to explore experiential narratives as a means for apprehending what women perceive, need, and want during their reproductive …
Women’S Human Rights And Migration: Sex-Selective Abortion Laws In The United States And India, Rangita De Silva De Alwis
Women’S Human Rights And Migration: Sex-Selective Abortion Laws In The United States And India, Rangita De Silva De Alwis
All Faculty Scholarship
Sital Kalantry’s Women’s Human Rights and Migration: Sex Selective Abortion Laws in the United States and India addresses a long-existing gap in feminist theory at the intersection of a migrant woman’s experience and culturally motivated reproductive decisions. By recognising the possibility that ‘practices that are oppressive to women in one country context may not have a negative impact on women in another country context’ Kalantry takes an important step in creating a framework for evaluating competing human rights interests within the complex cultural contexts that arise in migrant-receiving countries. Her proposed framework rejects the decontextualisation and politicisation of the migrant …
Female Autonomy: An Analysis Of Privacy And Equality Doctrine For Reproductive Rights, Elizabeth Levi
Female Autonomy: An Analysis Of Privacy And Equality Doctrine For Reproductive Rights, Elizabeth Levi
Political Science Honors Projects
What is the constitutional basis for women’s equality? Recently, scholars have suggested that as the right to privacy has floundered against the political undoing of women's access to abortion, equal protection arguments have grown stronger. This thesis investigates the feminist utility and limits of the equality and privacy arguments. Taking liberal feminism and feminist legal theory as analytical lenses, I offer interpretations of gender discrimination, reproductive rights, and marriage equality case law. By this framework, I argue that while an equality argument is less inherently oppressive towards women than the privacy doctrine, equality doctrine has been constructed thus far to …
My Body, Not My Say: Regulation Of Reproductive Freedom In America, Kisha K. Patel
My Body, Not My Say: Regulation Of Reproductive Freedom In America, Kisha K. Patel
Gender, Women's, and Sexuality Studies Summer Fellows
Women’s bodies have been legislated for years. Many people associate regulation beginning in 1973 when Roe V. Wade was decided, however legislation has affected women for much longer. These infringements on women’s rights create a major roadblock in gender equality. During summer fellows I researched how the law regulates aspects of American women's lives particularly in reproductive freedom (birth control, day-after pill, abortion, maternity discrimination). Conducting this research included thorough research of 48 pieces of congressional legislation from the 114th Congress that limit women's reproductive freedom through abortion bans, non-accessible health care, and cuts in federal spending towards Planned …
Encouraging Maternal Sacrifice: How Regulations Governing The Consumption Of Pharmaceuticals During Pregnancy Prioritize Fetal Safety Over Maternal Health And Autonomy, Greer Donley
Articles
Pregnant women are routinely faced with the stressful decision of whether to consume needed medications during their pregnancies. Because the risks associated with pharmaceutical drug consumption during pregnancy are largely unknown, pregnant women both inadvertently consume dangerous medications and avoid needed drugs. Both outcomes are harmful to pregnant women and their fetuses. This unparalleled lack of drug safety information is a result of ill-conceived, paternalistic regulations in two areas of the law: regulations governing ethical research in human subjects and regulations that dictate the required labels on drugs. The former categorizes pregnant women as “vulnerable” and thus precludes them from …
The Irony Of Choice, Cam T. Nguyen
The Irony Of Choice, Cam T. Nguyen
SURGE
We are having the inevitable late night conversation. You talk about your eventual wedding, your marriage to the person you love, the timeline you’ve created for yourself, and your plans for what our future children will do together. I clarify that I don’t want to have children, but you can’t seem to understand that decision. You question how happy, satisfied, or fulfilled my life will be without children, the maternal instincts I’m supposed to be feeling, and my desire to have something to care for and love. You’re convinced that I will recognize how empty my life will be sans …
Does The Constitution Protect Abortions Based On Fetal Anomaly?: Examining The Potential For Disability-Selective Abortion Bans In The Age Of Prenatal Whole Genome Sequencing, Greer Donley
Articles
This Note examines whether the state or federal government has the power to enact a law that prevents women from obtaining abortions based on their fetus’s genetic abnormality. Such a ban has already been enacted in North Dakota and introduced in Indiana and Missouri. I argue below that this law presents a novel state intrusion on a woman’s right to obtain a pre-viability abortion. Moreover, these pieces of legislation contain an outdated understanding of prenatal genetic testing—the landscape of which is quickly evolving as a result of a new technology: prenatal whole genome sequencing. This Note argues that the incorporation …
Women, Politics, And The Nineties: The Abortion Debate, Susan Estrich
Women, Politics, And The Nineties: The Abortion Debate, Susan Estrich
New England Journal of Public Policy
The fight for political empowerment of women may finally break wide open over the issues of reproductive freedom. This article posits that while public attention has focused on courtroom attempts to limit Roe v. Wade, the issues will ultimately be decided in the political arena. Here, Estrich says, the framer of the question may be the ultimate victor. For those on the pro-choice side of the debate, the next election cycle may be their first real opportunity to vote as a bloc and wield real political power.