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Author: Machteld Nijsten
Publisher:
ISBN:
Category : Abortion
Languages : en
Pages : 266
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Author: Machteld Nijsten
Publisher:
ISBN:
Category : Abortion
Languages : en
Pages : 266
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Book Description
Author: Rebecca J. Cook
Publisher: University of Pennsylvania Press
ISBN: 0812209990
Category : Political Science
Languages : en
Pages : 482
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Book Description
It is increasingly implausible to speak of a purely domestic abortion law, as the legal debates around the world draw on precedents and influences of different national and regional contexts. While the United States and Western Europe may have been the vanguard of abortion law reform in the latter half of the twentieth century, Central and South America are proving to be laboratories of thought and innovation in the twenty-first century, as are particular countries in Africa and Asia. Abortion Law in Transnational Perspective offers a fresh look at significant transnational legal developments in recent years, examining key judicial decisions, constitutional texts, and regulatory reforms of abortion law in order to envision ways ahead. The chapters investigate issues of access, rights, and justice, as well as social constructions of women, sexuality, and pregnancy, through different legal procedures and regimes. They address the promises and risks of using legal procedure to achieve reproductive justice from different national, regional, and international vantage points; how public and courtroom debates are framed within medical, religious, and human rights arguments; the meaning of different narratives that recur in abortion litigation and language; and how respect for women and prenatal life is expressed in various legal regimes. By exploring how legal actors advocate, regulate, and adjudicate the issue of abortion, this timely volume seeks to build on existing developments to bring about change of a larger order. Contributors: Luis Roberto Barroso, Paola Bergallo, Rebecca J. Cook, Bernard M. Dickens, Joanna N. Erdman, Lisa M. Kelly, Adriana Lamačková, Julieta Lemaitre, Alejandro Madrazo, Charles G. Ngwena, Rachel Rebouché, Ruth Rubio-Marín, Sally Sheldon, Reva B. Siegel, Verónica Undurraga, Melissa Upreti.
Author: Paul Benjamin Linton
Publisher:
ISBN: 9781611630695
Category : Abortion
Languages : en
Pages : 0
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Book Description
Abortion under State Constitutions, which has been favorably reviewed by law professors, research librarians and reference librarians, remains the only comprehensive treatment of arguments for and against the recognition of abortion as a state constitutional right. Since the first edition was published in 2008, abortion advocates have filed state constitutional challenges to abortion regulations in Illinois, Kansas, North Dakota and Oklahoma. And in Alaska, a case challenging a citizen-initiated parental notice law tests the limits of the broad abortion right previously recognized in that State. At the same time, the Tennessee General Assembly has proposed an amendment to the state constitution which, if approved by the voters in 2014, would overturn an earlier decision recognizing a state right to abortion. These developments, along with a number of other factors, warrant a second edition. In this edition, new materials-court decisions and/or legal commentary-have been incorporated into the discussion of state equal rights amendments, unenumerated rights (or retained rights) provisions and state privacy theory, as well as one of the introductory chapters. Individual state chapters have been edited to include, among other changes, a fuller description of a State's pre-Roe abortion statutes, a State's religion clauses, a State's statement of interests in protecting unborn human life and, in one instance, the sources of a right to abortion recognized by a state supreme court. Where appropriate, the analysis of a given state constitutional provision has been rewritten for greater clarity. Citations have been updated throughout the text and notes and, where necessary, corrected, and topical headings have been changed in some instances to describe more accurately the state constitutional provisions discussed. This edition also includes two new features-an appendix containing the text of every state constitutional provision cited or quoted in the book, as well as a topical index to facilitate cross-references to the same (or similar) provisions in different state constitutions. These features make the second edition even more helpful as a reference work for judges, lawyers, legislators and others interested in the issue of abortion as a state constitutional right.
Author: Jack M. Balkin
Publisher: NYU Press
ISBN: 1479824453
Category : Law
Languages : en
Pages : 338
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Book Description
A unique introduction to the constitutional arguments for and against the right to abortion In January 1973, the Supreme Court’s opinion in Roe v. Wade struck down most of the country's abortion laws and held for the first time that the Constitution guarantees women the right to safe and legal abortions. Nearly five decades later, in 2022, the Court’s 5-4 decision in Dobbs v. Jackson Women's Health Organization overturned Roe and eliminated the constitutional right, stunning the nation. Instead of finally resolving the constitutional issues, Dobbs managed to bring new attention to them while sparking a debate about the Supreme Court’s legitimacy. Originally published in 2005, What Roe v. Wade Should Have Said asked eleven distinguished constitutional scholars to rewrite the opinions in this landmark case in light of thirty years’ experience but making use only of sources available at the time of the original decision. Offering the best arguments for and against the constitutional right to abortion, the contributors have produced a series of powerful essays that get to the heart of this fascinating case. In addition, Jack Balkin gives a detailed historical introduction that chronicles the Roe litigation—and the constitutional and political clashes that followed it—and explains the Dobbs decision and its aftermath.
Author: United States. Supreme Court
Publisher:
ISBN:
Category : Constitutional law
Languages : en
Pages : 772
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Book Description
Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on Civil and Constitutional Rights
Publisher:
ISBN:
Category : Abortion
Languages : en
Pages : 470
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Author: Dennis J. Horan
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 400
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Book Description
This is a compilation of articles supporting the reversal of Roe v. Wade. Its contents include the background and perspectives on abortion, historical evaluations of Roe and abortion, strategies for reversal of Roe v. Wade and more.
Author: Stephen B. Presser
Publisher: Regnery Publishing
ISBN: 9780895264923
Category : Political Science
Languages : en
Pages : 420
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Book Description
Presser makes a compelling case that the original understanding of the Constitution was that religion, morality, and law were inextricably connected.--Forrest McDonald
Author: Organisation mondiale de la santé
Publisher: World Health Organization
ISBN: 9241590343
Category : Medical
Languages : en
Pages : 107
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Book Description
At a UN General Assembly Special Session in 1999, governments recognised unsafe abortion as a major public health concern, and pledged their commitment to reduce the need for abortion through expanded and improved family planning services, as well as ensure abortion services should be safe and accessible. This technical and policy guidance provides a comprehensive overview of the many actions that can be taken in health systems to ensure that women have access to good quality abortion services as allowed by law.
Author: Paul Benjamin Linton
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 648
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Book Description
Whether a state constitution protects a right to abortion is significant for two reasons: First, it may determine whether the State has the authority to enact and enforce laws regulating abortion (e.g., laws mandating informed consent or requiring parental notice or consent) within current federal constitutional limits. Second, and more important, it will determine whether the State would have the authority to enact and enforce laws prohibiting abortion, if the Supreme Court overrules Roe v. Wade and returns the issue of abortion to the States. Abortion under State Constitutions is the first, full-length treatment of the subject to appear in print. For each State, the author considers possible sources of a right to abortion in the state constitution (privacy, due process of law, equality of rights, equal protection, privileges and immunities, as well as other provisions); state court decisions interpreting those provisions; the relevant state constitutional history; pre-Roe prohibitions of abortion and their interpretation by state courts; post-Roe regulations of abortion; and what rights state law has conferred upon unborn children outside the context of abortion. Based upon the foregoing analysis, arranged topically within each State for ease of reference, the author concludes that thirteen state constitutions protect (or would be interpreted to protect) a state right to abortion that is independent of the right to abortion recognized in Roe v. Wade, while the supreme courts of the other thirty-seven States probably would not recognize a state right to abortion. Likely to become a standard reference work on the subject, Abortion under State Constitutions should be of interest not only to lawyers who litigate state abortion rights claims and judges who decide those cases, but to anyone on either side of the abortion debate who wants to have a better understanding of the status of abortion under state constitutions. "After an admirably incisive outline of federal constitutional law on abortion, Linton clarifies the law of each State in its own individual chapter, greatly facilitating the work of legislators, litigators, and lay activists concerned primarily about the law of their own particular State.... Although the author states that his work is meant to be "predictive" of future state supreme court decisions, he bases his estimations on close analysis of legal doctrine, not on uncertain guesswork about the political considerations of future courts and possible judicial activism. "Abortion under State Constitutions is sure to become the standard reference work for those concerned to resist (or to promote) a right to abortion founded on U.S. state constitutions."--Richard Stith, Professor of Law, Valparaiso University School of Law "Paul Benjamin Linton is one of the most thoughtful, insightful, and thorough legal authorities writing about biomedical ethics and law. Among his past masterpieces are influential law review articles analyzing suicide, euthanasia, same-sex marriage, equal rights, state abortion regulations, and abortion decisions of the U.S. Supreme Court. Now, Linton examines how abortion regulations have fared and would fare under state constitutions. Abortion under State Constitutions is a convincing explanation of the growing importance of state constitutional jurisprudence in controlling the regulation of abortion. The book is an invaluable, timely resource for lawmakers, judges, legal scholars, students, and anyone else interested in the constitutional, legal policy, and social strategies concerning the regulation of elective abortion in America."--Lynn D. Wardle, Bruce C. Hafen Professor of Law, J. Reuben Clark Law School, Brigham Young University "Scholars, advocates and activists involved in the abortion debate owe a debt of gratitude to Paul Linton for sharing his meticulous research. A comprehensive guide to the status of abortion under each state''s constitution, this book is a necessary tool for anyone seeking to predict the consequences of a United States Supreme Court decision overruling Roe v. Wade. As Mr. Linton carefully documents, abortion would remain legal in a minority of states due to state court decisions protecting the procedure under the respective state constitutions. The majority of states probably could enforce abortion prohibitions, but that would require new legislation in most of those states. Abortion under State Constitutions guides the reader through the differing law among the states. "This book will be of particular value to state lawmakers seeking to craft sound public policy in this volatile area. Whether the objective is to protect a woman''s right to choose or an unborn child''s right to life, attentive readers will benefit from Mr. Linton''s expert analysis of the development of state law. His description of the relationship between various state laws and constitutions reflects his decades of experience in advancing and defending state laws in this area.... Regardless of readers'' political views, Abortion under State Constitutions promises to inform, intrigue, and inspire those who care about the issue of abortion."--Teresa S. Collett, Professor of Law, University of St. Thomas School of Law "This is an important book for both sides."--Time Magazine Online
