Her Body Our Laws

With stories from the front lines, a legal scholar journeys through distinct legal climates to understand precisely why and how the war over abortion is being fought. Drawing on her years of research in El Salvador—one of the few countries to ban abortion without exception—legal scholar Michelle Oberman explores what happens when abortion is a crime. Oberman reveals the practical challenges raised by a thriving black market in abortion drugs, as well as the legal challenges to law enforcement. She describes a system in which doctors and lawyers collaborate in order to identify and prosecute those suspected of abortion-related crimes, and the troubling results of such collaboration: mistaken diagnoses, selective enforcement, and wrongful convictions. Equipped with this understanding, Oberman turns her attention to the United States, where the battle over abortion is fought almost exclusively in legislatures and courtrooms. Beginning in Oklahoma, one of the most pro-life states, and through interviews with current and former legislators and activists, she shows how Americans voice their moral opposition to abortion by supporting laws that would restrict it. In this America, the law is more a symbol than a plan. Oberman challenges this vision of the law by considering the practical impact of legislation and policies governing both motherhood and abortion. Using stories gathered from crisis pregnancy centers and abortion clinics, she unmasks the ways in which the law already shapes women’s responses to unplanned pregnancy, generating incentives or penalties, nudging pregnant women in one direction or another. In an era in which every election cycle features a pitched battle over abortion’s legality, Oberman uses her research to expose the limited ways in which making abortion a crime matters. Her insight into the practical consequences that will ensue if states are permitted to criminalize abortion calls attention to the naïve and misguided nature of contemporary struggles over abortion’s legality. A fresh look at the battle over abortion law, Her Body, Our Laws is an invitation to those on all sides of the issue to move beyond the incomplete discourse about legality by understanding how the law actually matters.

The definitive history of abortion in the United States, with a new preface that equips readers for what’s to come. When Abortion Was a Crime is the must-read book on abortion history. Originally published ahead of the thirtieth anniversary of Roe v. Wade, this award-winning study was the first to examine the entire period during which abortion was illegal in the United States, beginning in the mid-nineteenth century and ending with that monumental case in 1973. When Abortion Was a Crime is filled with intimate stories and nuanced analysis, demonstrating how abortion was criminalized and policed—and how millions of women sought abortions regardless of the law. With this edition, Leslie J. Reagan provides a new preface that addresses the dangerous and ongoing threats to abortion access across the country, and the precarity of our current moment. While abortions have typically been portrayed as grim "back alley" operations, this deeply researched history confirms that many abortion providers—including physicians—practiced openly and safely, despite prohibitions by the state and the American Medical Association. Women could find cooperative and reliable practitioners; but prosecution, public humiliation, loss of privacy, and inferior medical care were a constant threat. Reagan's analysis of previously untapped sources, including inquest records and trial transcripts, shows the fragility of patient rights and raises provocative questions about the relationship between medicine and law. With the right to abortion increasingly under attack, this book remains the definitive history of abortion in the United States, offering vital lessons for every American concerned with health care, civil liberties, and personal and sexual freedom.

Drawing on surveys and interviews with almost 300 female military personnel, Melissa Herbert explores how women's everyday actions, such as choice of uniform, hobby, or social activity, involve the creation and re-creation of what it means to be a woman, and particularly a woman soldier. Do women feel pressured to be "more masculine," to convey that they are not a threat to men's jobs or status and to avoid being perceived as lesbians? She also examines the role of gender and sexuality in the maintenance of the male-defined military institution, proposing that, more than sexual harassment or individual discrimination, it is the military's masculine ideology--which views military service as the domain of men and as a mechanism for the achievement of manhood--which serves to limit women's participation in the military has increased dramatically. In the wake of armed conflict involving female military personnel and several sexual misconduct scandals, much attention has focused on what life is like for women in the armed services. Few, however, have examined how these women negotiate an environment that has been structured and defined as masculine.

For over twenty years the abortion debate has raged, with each side entrenched in unyielding positions. This book breaks the impasse by using pro-life premises to reach pro-choice conclusions. While it is commonly assumed that state protection of the fetus as a form of human life undermines women's reproductive rights, McDonagh instead illuminates how it is exactly such state protection of the fetus that strengthens, rather than weakens, not only women's right to an abortion, but even more significantly, women's ability to call on the state for abortion funding. McDonagh's approach, by bridging the divide between pro-life and pro-choice advocates, revolutionizes the abortion debate in a way that opens up a whole new avenue for resolving the abortion conflict and advancing women's rights. McDonagh reframes the abortion debate by locating the missing piece of the puzzle: the fetus as the cause of pregnancy. After exposing the myths on this subject, her exacting analysis presents the scientific and legal evidence that the ultimate source of pregnancy is the fetus. The central issue then becomes what the fetus, as an active agent, does to a woman's body during pregnancy, whether that pregnancy is wanted or not. McDonagh graphically describes the massive changes produced by the fetus when it takes over a woman's body. As such, pregnancy is best depicted not as a condition that women have a right to choose but rather as a condition to which they must have a right to consent. Abortion, therefore, does not rest on the intensely debated principle, stated in Roe, that women have a right to be free from state interference when choosing privately what to do with their own bodies. Instead, as McDonagh's book explains, abortion rights flow inevitably from women's more established right to consent to what another agent does to their body. Specifically, women have a right to resist an unwanted intrusion by a fetus as well as to receive help from the state to stop such an intrusion. Moving abortion rights from choice to consent has broad legal and cultural ramifications tapping into the very cornerstone of the American political system: consent. McDonagh unravels the consequences of extending to pregnant women the same guarantees of bodily integrity and liberty possessed by others in our society. Specifically, she shows why a woman who does not consent to be made pregnant by a fetus, not only has a right to terminate pregnancy, but why the state violates constitutional due process and equal protection guarantees when it fails to provide her with the same protections against nonconsensual intrusions by a fetus as it provides against nonconsensual intrusions by other parties. This book pivotally strengthens, therefore, not only women's right to abortion but also abortion funding. By providing new grounds both for the public funding of abortion and for the removal of government restrictions on abortions, it lays the foundation for enhancing women's rights through major policy changes in legislatures and courts.

In Policing the Womb, Michele Goodwin explores how states abuse laws and infringe on rights to police women and their pregnancies. This book looks at the impact of these often arbitrary laws which can result in the punishment, incarceration, and humiliation of women, particularly poor women and women of color. Frequently based on unscientific claims of endangering a fetus, these laws allow extraordinary powers to state authorities over reproductive freedom and pregnancies. In this book, Michele Goodwin discusses real examples of women whose pregnancies have been controlled by the law and what has led to the United States being the deadliest country in the developed world for a woman to be pregnant.

In this hard-hitting timely book Judith Orr, leading pro-choice campaigner, argues that it’s time women had the right to control their fertility without the practical, legal and ideological barriers they have faced for generations. Donald Trump’s presidency threatens abortion rights within the US and his global gag affects women worldwide today – 47,000 women die annually from illegal abortions. In Britain, anti-abortion campaigners attack women’s rights under existing law. Elsewhere, women cross borders or buy pills online. In the US, Ireland, Poland and Latin America restrictions on abortion have provoked mass resistance, Combining analysis of statistics, popular culture and social attitudes with powerful first-hand accounts of women’s experiences and a history of women’s attempts to control their bodies, the author shows that despite the 1967 Abortion Act full reproductive rights in Britain are yet to be won. The book also highlights current debates over decriminalisation and argues for abortion provision fit for the 21st century.

Strange, outdated laws from each of the 50 U.S. states—some overturned, some still on the books, and some merely the stuff of legends—are depicted with sly wit by Olivia Locher. Incisive, ironic, and gorgeous, these images will appeal to art buffs and trivia fans alike. A foreword from American poet Kenneth Goldsmith and an interview with the artist by Eric Shiner, former director of the Andy Warhol Museum, contextualize rising-star Locher's photography. From serving wine in teacups in Kansas to licking a toad in Kentucky or perming a child's hair in Nebraska, breaking the law has never looked so good.

Finalist for the National Book Award for Fiction “[These stories] vibrate with originality, queerness, sensuality and the strange.”—Roxane Gay “In these formally brilliant and emotionally charged tales, Machado gives literal shape to women’s memories and hunger and desire. I couldn’t put it down.”—Karen Russell In Her Body and Other Parties, Carmen Maria Machado blithely demolishes the arbitrary borders between psychological realism and science fiction, comedy and horror, fantasy and fabulism. While her work has earned her comparisons to Karen Russell and Kelly Link, she has a voice that is all her own. In this electric and provocative debut, Machado bends genre to shape startling narratives that map the realities of women’s lives and the violence visited upon their bodies. A wife refuses her husband’s entreaties to remove the green ribbon from around her neck. A woman recounts her sexual encounters as a plague slowly consumes humanity. A salesclerk in a mall makes a horrifying discovery within the seams of the store’s prom dresses. One woman’s surgery-induced weight loss results in an unwanted houseguest. And in the bravura novella “Especially Heinous,” Machado reimagines every episode of Law & Order: Special Victims Unit, a show we naïvely assumed had shown it all, generating a phantasmagoric police procedural full of doppelgängers, ghosts, and girls with bells for eyes. Earthy and otherworldly, antic and sexy, queer and caustic, comic and deadly serious, Her Body and Other Parties swings from horrific violence to the most exquisite sentiment. In their explosive originality, these stories enlarge the possibilities of contemporary fiction.

The Female Body and the Law provides an original and incisive reexamination of the dynamics of sexual equality. Eisenstein contends that sexual inequality is fostered both by the law and by the insistence that men and women are biologically different. Through a fascinating discussion of a series of issues including affirmative action, AIDS, Baby M, pornography, and abortion, Eisenstein shows how the law operates as a political language that establishes and curtails choices and actions. This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1990.

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.