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Full-Text Articles in Arts and Humanities
Individual Rights Vs. Collective Value In Paragraph 218: The Role Of Political Tradition In The Development Of German Abortion Policy, Annie Morgan
CISLA Senior Integrative Projects
No abstract provided.
Book Review: Abortion Rights: For And Against, Michelle Oberman, Julia D. Hejduk
Book Review: Abortion Rights: For And Against, Michelle Oberman, Julia D. Hejduk
Faculty Publications
No abstract provided.
When Law Is Complicit In Gender Bias: Ending De Jure Discrimination Against Women As An Important Target Of Sustainable Development Goal 5, Rangita De Silva De Alwis
When Law Is Complicit In Gender Bias: Ending De Jure Discrimination Against Women As An Important Target Of Sustainable Development Goal 5, Rangita De Silva De Alwis
All Faculty Scholarship
Ending all forms of discrimination against women and girls is not only a basic human right, but also crucial to accelerating sustainable development. The very first target of Goal 5. 1.1 calls to end all forms of discrimination against all women and girls everywhere and the indicator for the goal is: “Whether or not legal frameworks are in place to promote, enforce and monitor equality and non-discrimination on the basis of sex”. In many countries around the world the legal frameworks themselves allow for both direct (de jure) and indirect (de facto) discrimination against women. This essay identifies some areas …
My Body, Not My Say: Justice Blackmun's Influential Decision In Roe V. Wade, Kisha K. Patel
My Body, Not My Say: Justice Blackmun's Influential Decision In Roe V. Wade, Kisha K. Patel
Gender, Women's, and Sexuality Studies Summer Fellows
Abortion laws have regulated women’s bodies since the beginning of the country. Many people associate regulation with the case of Roe V. Wade in 1973, in which the Supreme Court ruled that states could not outlaw abortion during the first trimester. Roe v. Wade remains controversial to this day as it failed to establish consensus that women’s decision whether or not to terminate a pregnancy falls within their constitutional right to privacy. Understanding the implications of this decision is fundamental to analyze the debate over the constitutionality of abortion today. This paper examines the opinion written by Justice Blackmun in …
In God We Trust, Andrew C. Nosti
In God We Trust, Andrew C. Nosti
SURGE
Almost everywhere I turn I can hear someone saying, “America is a Christian nation!” likely yelled or grumbled with impressive, and sometimes concerning, aggression. I can’t go through a week without this phrase popping up, usually closely accompanied by the notion that America’s founding has roots in Christian principles. [excerpt]
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 …
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 …
Hauerwasian Christian Legal Theory, David A. Skeel Jr.
Hauerwasian Christian Legal Theory, David A. Skeel Jr.
All Faculty Scholarship
This Essay, which was written for a Law and Contemporary Problems symposium on Stanley Hauerwas, tries to develop an account of public engagement in Hauerwas’ theology. The Essay distinguishes between two kinds of public engagement, “prophetic” and “participatory.” Christian engagement is prophetic when it criticizes or condemns the state, often by urging the state to honor or alter its true principles. In participatory engagement, by contrast, the church intervenes more directly in the political process, as when it works with lawmakers or mobilizes grass roots action. Prophetic engagement is often one-off; participatory engagement is more sustained. Because they worry intensely …
Engaging In Good Faith: Ethics, Archives, Critical Constitutionalisms - An Invited Response To Samuel W. Calhoun, Stopping Philadelphia Abortion Provider Kermit Gosnell And Preventing Others Like Him: An Outcome That Both Pro-Choicers And Pro-Lifers Should Support, Penelope J. Pether
Faculty of Law, Humanities and the Arts - Papers (Archive)
Like Professor Calhoun, I hold little hope for an end to this distinctive national battle in what Australian constitutional law scholars Tony Blackshield and George Williams, echoing Justice Scalia’s opinion in Romer v. Evans, aptly call our “‘culture war’ over issues of sexuality.” Other battles in this war, such as the current litigation in the federal courts over the constitutionality of bans on same-sex marriage or the controversy of the Obama Administration’s departure from its “science standard” in refusing the National Institutes of Health’s recommendations that the “morning after pill” be made available over-the-counter to minors, presently dot the jurisdiction, …
The Slave, The Fetus, The Body: Articulating Biopower And The Pregnant Woman, Kevin Kuswa, Paul Achter, Elizabeth Lauzon
The Slave, The Fetus, The Body: Articulating Biopower And The Pregnant Woman, Kevin Kuswa, Paul Achter, Elizabeth Lauzon
Rhetoric and Communication Studies Faculty Publications
Many slaveholders attempted to justify the institution of slavery in the United States by claiming that the practice of slavery was actually in the interests of the slaves themselves. Not only are these arguments invalid because they justify inhumane treatment and the imprisonment of innocent human beings, they also contain a dangerous paternalism (a “speaking for”) that has not vacated the social sphere. Indeed, this same logic—the notion that bodies can be regulated and controlled for their own protection—is presently being used to speak for the fetus in order to justify fetal rights. Borrowing from Berlant (1997), these fetal rights …
Operation Rescue, Eric S. Yellin
Operation Rescue, Eric S. Yellin
History Faculty Publications
Operation Rescue, founded in 1986, became known as one of the most militant groups opposing a woman’s right to abortion as established in the 1973 Supreme Court case Roe vs. Wade.
Autonomy's Magic Wand: Abortion And Constitutional Interpretation, Anita L. Allen
Autonomy's Magic Wand: Abortion And Constitutional Interpretation, Anita L. Allen
All Faculty Scholarship
No abstract provided.