Book Selections

Thomas Byers Memorial Outstanding Publication Award from the University of Akron Law Alumni Association Much has been written about women's rights pioneer Elizabeth Cady Stanton. Historians have written her biography, detailed her campaign for woman's suffrage, documented her partnership with Susan B. Anthony, and compiled all of her extensive writings and papers. Stanton herself was a prolific author; her autobiography, History of Woman Suffrage, and Woman's Bible are classics. Despite this body of work, scholars and feminists continue to find new and insightful ways to re-examine Stanton and her impact on women's rights and history. Law scholar Tracy A. Thomas extends this discussion of Stanton's impact on modern-day feminism by analyzing her intellectual contributions to--and personal experiences with--family law. Stanton's work on family issues has been overshadowed by her work (especially with Susan B. Anthony) on woman's suffrage. But throughout her fifty-year career, Stanton emphasized reform of the private sphere of the family as central to achieving women's equality. By weaving together law, feminist theory, and history, Thomas explores Stanton's little-examined philosophies on and proposals for women's equality in marriage, divorce, and family, and reveals that the campaigns for equal gender roles in the family that came to the fore in the 1960s and '70s had nineteenth-century roots. Using feminist legal theory as a lens to interpret Stanton's political, legal, and personal work on the family, Thomas argues that Stanton's positions on divorce, working mothers, domestic violence, childcare, and many other topics were strikingly progressive for her time, providing significant parallels from which to gauge the social and legal policy issues confronting women in marriage and the family today.

"From the shutdown of Planned Parenthood clinics and the rising rates of HIV to anti-marriage equality and bathroom bills, the New South is the epicenter of the new sex wars. Issues of reproductive freedom, HIV/AIDS, partner rights and transgender rights reveal a new and unacknowledged era of southern reconstruction centered on gender and sexuality. In A Dirty South Manifesto, L.H. Stallings confronts us with the roots of this radical sexual resistance in the New South, one that is anti-racist, decolonial, and transnational. For people within these economically disenfranchised segments of society, the sexually and gender marginalized, and the racially oppressed, the south has been a sexual dystopia. Throughout this short book, Stallings offers several hard-hitting manifestos for the new sex wars. With her focus on black, contemporary southern life, Stallings offers a calling for anyone who has ever imagined a way of living beyond white supremacist heteropatriarchy"--Provided by publisher.

How the fear of malpractice affects mothers and reproductive choices Giving birth is a monumental event, not only in the personal life of the woman giving birth, but as a medical process and procedure. In The Business of Birth, Louise Marie Roth explores the process of giving birth, and the ways in which medicine and law interact to shape maternity care. Focusing on the United States, Roth explores how the law creates an environment where medical providers, malpractice attorneys, and others limit women's rights and choices during birth. She shows how a fear of liability risk often drives the decision-making process of medical providers, who prioritize hospital efficiency over patient safety, to the detriment of mothers themselves. Ultimately, Roth advocates for an approach that protects the reproductive rights of mothers. A comprehensive overview, The Business of Birth provides valuable insight into the impact of the law on mothers, medical providers, maternity care practices, and others in the United States.

More than four decades into the culture wars, Roe v. Wade has become shorthand for the American abortion debate. Rights to Privacy: The Forgotten Legacy of Roe v. Wade illuminates an entirely different and unexpected legacy of America's most controversial Supreme Court decision. Drawing on archives and extensive interviews with key participants, Rights to Privacy opens a window onto an intense debate about the right to privacy that continues to this day. In the 1970s and beyond, activists set out bold ideas about government responsibility, sexual consent, consumer rights, digital data, individual identity, and end-of-life care. These unanticipated visions of a right to choose gradually (but never completely) gave way to a more limited freedom from government. Ziegler captures the rise of contemporary ideas about privacy, all the while explaining the continuing hold that this right--and Roe--have on the public imagination.--

Forty years after the U.S. Supreme Court handed down its decision legalizing abortion, Roe v. Wade continues to make headlines. After Roe: The Lost History of the Abortion Debate cuts through the myths and misunderstandings to present a clear-eyed account of cultural and political responses to the landmark 1973 ruling in the decade that followed. The grassroots activists who shaped the discussion after Roe, Mary Ziegler shows, were far more fluid and diverse than the partisans dominating the debate today. In the early years after the decision, advocates on either side of the abortion battle sought common ground on issues from pregnancy discrimination to fetal research. Drawing on archives and more than 100 interviews with key participants, Ziegler's revelations complicate the view that abortion rights proponents were insensitive to larger questions of racial and class injustice, and expose as caricature the idea that abortion opponents were inherently antifeminist. But over time, "pro-abortion" and "anti-abortion" positions hardened into "pro-choice" and "pro-life" categories in response to political pressures and compromises. This increasingly contentious back-and-forth produced the interpretation now taken for granted--that Roe was primarily a ruling on a woman's right to choose. Peering beneath the surface of social-movement struggles in the 1970s, After Roe reveals how actors on the left and the right have today made Roe a symbol for a spectrum of fervently held political beliefs.

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.--

"This book remains the only comprehensive treatment of abortion as a state constitutional right. Since the second edition was published, state challenges to abortion regulations have been considered by multiple state supreme courts, one state amended its constitution to make it "abortion neutral," and three states repealed their pre-Roe v. Wade abortion statutes. In addition to evaluating these developments, this edition discusses case law and statutory changes in other states that may bear on whether a state supreme court would recognize a right to abortion. This edition also includes an appendix of the constitutional provisions cited and a topical index"--

"With the Supreme Court likely to reverse Roe v. Wade, the landmark abortion decision, American debate appears fixated on clashing rights. The first comprehensive legal history of a vital period, Abortion in America illuminates an entirely different and unexpected shift in the terms of debate. Rather than simply championing rights, Mary Ziegler shows, those on opposing sides battled about the policy costs and benefits of abortion and laws restricting it. This mostly unknown turn deepened polarization in ways many have missed. Never abandoning their constitutional demands, pro-choice and pro-life advocates increasingly disagreed about the basic facts. Drawing on unexplored records and interviews with key participants, Ziegler complicates the view that the Supreme Court is responsible for the escalation of the conflict. A gripping account of social-movement divides and crucial legal strategies, this book delivers a definitive recent history of an issue that transforms American law and politics to this day"--Provided by the publisher.

"Examining infanticide cases in the United States from the late eighteenth to the late nineteenth centuries, Proving Pregnancy documents how women - Black and white, enslaved and free - gradually lost control over reproduction to male medical and legal professionals"--

Reproductive justice (RJ) is a pivotal movement that supplants the language and limitations of reproductive rights. RJ's tenets are that women have the human rights to decide if or when they'll become pregnant, whether to carry a pregnancy to term, and to parent the children they have in safe and healthy environments. Recognizing the importance of the rights at stake when the law addresses parenting and procreation, the authors in this book re-imagine judicial opinions that address the law's treatment of pregnancy and parenting. The cases cover topics such as forced sterilization, pregnancy discrimination, criminal penalties for women who take illegal drugs while pregnant, and state funding for abortion. Though some of the re-imagined cases come to the same conclusions as the originals, each rewritten opinion analyzes how these cases impact the most vulnerable populations, including people with disabilities, poor women, and women of color.

"This is the first ethnography of American midwives and their clients and advocates. The culmination of more than a decade of participant-observation, interviews, and archival research, this project specifically interrogates the potential and pitfalls of legal and political campaigns for reproductive autonomy"--

Beginning with the introduction of abortion law in the nineteenth century, this reader includes important documents from nearly two hundred years of debate over abortion. These legal briefs, oral arguments, court opinions, newspaper reports, opinion pieces, and contemporary essays are introduced with headnotes that place them in historical context. Chapters cover the birth control movement, changes in abortion law in the 1960s, Roe v. Wade, the Hyde Amendment and the Freedom of Access to Clinic Entrances Act, state and federal regulation of abortion practices, and the freedom of speech cases surrounding anti-abortion clinic protests. The first section of each chapter sets the stage and explains the choice of documents. This rich, balanced collection is an indispensable reference tool for the study of one of the most passionate debates in American history. It brings together the writings of doctors, lawyers, scientists, philosophers, elected officials, judges, and scholars as few other legal readers do, and it is essential reading for those engaged in the ongoing debate about abortion law in the United States.