Social Movements & the Law

"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by multiple state supreme courts, one state amended its constitution to make it "abortion neutral," and three states repealed their pre-Roe v. Wade abortion statutes.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.

"Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive policy issues associated with discrete subject areas. This Advanced Introduction overviews the ongoing struggle for gender equality since the nineteenth century. It considers how women have looked to law as a means of facilitating entry into the public sphere, including in higher education, work and professional life. The book examines the feminist assertation that 'the personal is political' and addresses issues in the private sphere that have long been on the reform agenda, including marriage, divorce, sexual assault and violence against women. It also considers the current fragmentation of feminism, or 'post feminism' ; while critics argue the aims of feminism have been achieved, data on sexual harassment and violence against women by intimate partners reveals the continuing elusiveness of gender equality. Key Features: An essential exploration of both modern and historical feminism. Focuses on the four key themes of active citizenship, paid work, intimate relations and violence and criminality to clarify how law reform is addressed. Considers the increasing diversity in trends in intimate relationships, such as same sex marriage, the decline in traditional marriage and the consequences of separation. The Advanced Introduction to Feminist Perspectives on Law is highly beneficial to students and scholars of gender law, legal theory, legal philosophy and feminist history"-- Provided by publisher.

"Sex and Privacy in American Law presents empirical analyses of civil and criminal state court decisions applying the U.S. Supreme Court's landmark decision in Lawrence v. Texas. After tracing key historical and legal developments leading up to the Lawrence decision's decriminalization of sodomy on substantive due process grounds in 2003, the study employs both quantitative and qualitative content analyses of 307 cases citing Lawrence over the two decades since it was decided. Results indicate that judicial decisions rarely embraced broad readings of Lawrence in criminal cases. In fact, Lawrence's long-term impact on criminal law has largely remained as limited as some commentators predicted shortly after the case was decided. In civil cases, courts tended not to rely on Lawrence significantly in most business and employment law cases. Courts that applied Lawrence in family law disputes - especially those involving same-sex couples - often construed the case narrowly at first, but broadened their interpretations after Obergefell v. Hodges brought marriage equality to the United States. Lawrence also impacted LGBTQ+ civil rights claims. Statistically significant geographic differences were found relating to how courts used Lawrence in those cases, with judges in Northeastern and Pacific coastal states having applied the precedent broadly, while judges in Southern and Midwestern states tending to have applied the case more narrowly. The implications are explored generally and within the specific context of the constriction of substantive due process rights in the wake Dobbs v. Jackson Women's Health Organization."--

"The debate over campus sexual violence is more heated than ever, but hardly anyone knows what actually happens inside Title IX offices. On the Wrong Side provides the first comprehensive account of the inner workings of the secretive Title IX system. Drawing on a yearlong study of survivors, perpetrators, and the administrators who oversaw their cases, sociologist Nicole Bedera exposes the structures that predictably punish survivors who come forward in the service of protecting-or even rewarding-their perpetrators. In doing so, she reveals that the system tasked with ending gender inequality on campus only intensifies it, upending survivors' lives and threatening the degrees that brought them to college in the first place. Equally heartbreaking and optimistic, On the Wrong Side makes it easy to imagine life-changing interventions for the next generation of students by proposing specific solutions to the structural problems of Title IX. Bedera proves that ending sexual violence is within our grasp-and dares us to be courageous enough to take action"--

"America was founded on the principle that all men are created equal. Throughout our history we have not always lived up to that self-evident truth. This has been especially true in our criminal justice system."

"A federal grand jury has indicted the four former Minneapolis police officers involved in George Floyd's arrest and death accusing them of willfully violating the Black man's constitutional rights as he was restrained face-down on the pavement and gasping for air."

"A recent American Bar Association study found that the legal profession in America has remained overwhelmingly white and male over the last decade and that racial diversity among lawyers has actually regressed in some respects"

"An unusual coalition is banding together in a petition to release an 84-year-old former Black Panther convicted for his role in the killing of a police officer."

"Colorado's attorney general said Wednesday that a grand jury indicted three officers and two paramedics in the death of Elijah McClain a Black man who was put in a chokehold and injected with a powerful sedative two years ago in suburban Denver."

"State judge overturns earlier ruling orders police force to give Cariol Horne her backpay and pension."

"The Justice Department will launch an investigation into the Louisville Metro Police Department to determine if there is a pattern of discrimination or excessive force within its ranks Attorney General Merrick Garland announced Monday."

"NEW YORK (Reuters) - Civil rights group Muslim Advocates sued Facebook Inc and its top executives on Thursday alleging they misled the U.S. Congress and others by falsely claiming the company removes content that violates its policies."

"A New York man previously convicted of murdering his mother has been arrested and charged with assaulting a 65-year-old Asian woman in a hate crime an attack captured on a video that went viral amid a rise in anti-Asian incidents in the United States."

"The family of the late Henrietta Lacks who unwittingly spurred a research bonanza when her cancer cells were taken without her knowledge in 1951 has hired a prominent civil rights lawyer to seek compensation from pharmaceutical companies."

"A new alliance will connect victims of anti-Asian hate with pro bono legal services and work to prevent further acts of violence. The effort shows the importance of clear goals and strong networking in addressing social problems."

"Trump refused to condemn the insurrection which left five people dead including a Capitol law enforcement officer. He even praised the rioters calling them "patriots" saying "we love you" and "you are very special." The episode was reminiscent of his notorious declaration that there were "very fine people on both sides" in the aftermath of the violence at the deadly 2017 white supremacist rally in Charlottesville Virginia."

"President-elect Joe Biden will be under tremendous pressure to take action toward greater racial justice throughout the country on Day 1 of his presidency following massive nationwide protests sparked by the police killings of George Floyd and Breonna Taylor along with other incidents of violence against Black Americans."

"White House press secretary Jen Psaki on Wednesday called the fatal police shooting of a Black teenage girl in Columbus Ohio 'tragic' and said that President Biden has been briefed on the matter."

"The U.N. human rights chief on Tuesday welcomed a pledge by U.S. President Joe Biden to work towards abolishing the death penalty in the United States."

"A second local prosecutor on Thursday asked the U.S. Justice Department to have his name removed from a controversial report on policing reforms saying he feared it would fail to address systemic racism in the criminal justice system."

"Vice President Harris on Tuesday urged every American to do their part to confront racial injustice after a jury convicted former Minneapolis police officer Derek Chauvin of murder in the death of George Floyd."

"The president promised one during his campaign. But civil rights groups and police union reps both said it wasn't necessary."

"President Biden and Vice President Harris on Tuesday phoned the family of George Floyd after a jury found ex-Minneapolis police officer Derek Chauvin guilty of Floyd's murder. 'Vice President Harris on Tuesday phoned the family of George Floyd after a jury found ex-Minneapolis police officer Derek Chauvin guilty of Floyd's murder.'"

"Newly sworn-in Rep. Cori Bush (D-Mo.) referred to President Trump as the 'white supremacist in chief' in her remarks on the House floor on Wednesday as the lower chamber prepares to impeach the president for a second time."

"President Joe Biden signed a bill establishing Juneteenth the date marking the end of slavery in the United States as a federal holiday."