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Showing 1 - 3 of 3 matches in All Departments
View the Table of Contents. Read Chapter One. aDoes a terrific job of laying out how the courts have conspired
to limit the abortion access of teenaged girls. The results are
clear, convincing, and enraging. How we- and the lawmakers who
represent us- respond will indicate whether the pro-choice
community has the wherewithal to fight back and defend Roe. Helena
Silverstein has broken the silence on judicial bypass. It is now up
to the rest of us to take action.a aSilverstein implements a tremendous research design that yields a very well-written book, and the resulting evidence backs up a powerful indictment of street level justice at work.a--"Law and Politics Book Review" aDoes a terrific job of laying out how the courts have conspired
to limit the abortion access of teenage girls. The results are
clear, convincing and enraging. . . . Silverstein has broken the
silence on judicial bypass. It is now up to the rest of us to take
action.a aSilversteinas book is a welcome addition because, rather than
focusing on normative debates about abortion that almost anyone
interested in the question is already familiar with, she focuses on
how parental notification laws actually work on the ground. The
book is judicious and moderate in tone. . . . A first-rate work of
social science.a aThatas the law; whatas the practice? Helena Silverstein, a
political scientist, surveyed the courts charged with implementing
the parental bypass in Alabama, Tennessee and
Pennsylvaniaa]Silversteinas findings, which range from disturbing
to appalling, are set out in Girls on the Stand: How Courts Fail
Pregnant Minors.a In the wake of the Supreme Court's 1973 "Roe v. Wade" decision,
many states tested "Roe" by placing restrictions on abortion
rights. Most states now have parental consent laws for women under
age eighteen. For minors who have reason to avoid parental
involvement, the Supreme Court has instituted a generally welcomed
compromise that allows minors to seek authorization by a third
party, usually a judge. In this groundbreaking study, Silverstein
demonstrates that this compromise is fatally flawed. . . .
Silverstein does an excellent job of explicating the serious
problems with this compromise, concluding that it is rooted in the
myth that judges can be relied on to be unbiased. . . . Silverstein
has produced an important contribution to women's studies and legal
practice and theory.a aHelena Silverstein's important research reveals a court system
that all too often fails the most vulnerable teenagers.a aTaking on the emotionally charged issue of mandatory parental
involvement in the abortion decisions of minors and judicial bypass
provisions in three states, Silverstein carefully lays out and
skillfully dismantles myths that sustain support for these
policies. Her prose is lucid and engaging, her argument powerful
and persuasive. This book is one of the best examples of a new
generation of scholarship on law and legal processes.a aSilverstein develops an incisive, empirically rich, and tightly
reasoned case about how the beguiling amyth ofrightsa props up a
fatally flawed public policy for pregnant minors. This is a
veryoriginal, powerful, and important book that deserves to be read
by a wide audience.a aSilverstein's research on the by-pass protections written into
parental notification legislation reveals how and why these
protections provided for pregnant minors are subverted by clumsy
bureaucratic procedures and by politically driven judicial
decisions. In so doing, she brings empirical evidence, conceptual
sophistication and extraordinary good sense to divisive
controversies over reproductive rights, legality and
democracy.a The U.S. Supreme Court has decided that states may require parental involvement in the abortion decisions of pregnant minors as long as minors have the opportunity to petition for a "bypass" of parental involvement. To date, virtually all of the 34 states that mandate parental involvement have put judges in charge of the bypass process. Individual judges are thereby responsible for deciding whether or not the minor has a legitimate basis to seek an abortion absent parental participation. In this revealing and disturbing book, Helena Silverstein presents a detailed picture of how the bypass process actually functions. Silverstein led a team of researchers who surveyed more than 200 courts designated to handle bypass cases in three states. Her research shows indisputably that laws are being routinely ignored and, when enforced, interpreted by judges in widely divergent ways. In fact, she finds audaciousacts of judicial discretion, in which judges structure bypass proceedings in a shameless and calculated effort to communicate their religious and political views and to persuade minors to carry their pregnancies to term. Her investigations uncover judicial mandates that minors receive pro-life counseling from evangelical Christian ministries, as well as the practice of appointing attorneys to represent the interests of unborn children at bypass hearings. Girls on the Stand convincingly demonstrates that safeguards promised by parental involvement laws do not exist in practice and that a legal process designed to help young women make informed decisions instead victimizes them. In making this case, the book casts doubt not only on the structure of parental involvement mandates but also on the naAve faith in law that sustains them. It consciously contributes to a growing body of books aimed at debunking the popular myth that, in the land of the free, there is equal justice for all.
View the Table of Contents. Read Chapter One. aDoes a terrific job of laying out how the courts have conspired
to limit the abortion access of teenaged girls. The results are
clear, convincing, and enraging. How we- and the lawmakers who
represent us- respond will indicate whether the pro-choice
community has the wherewithal to fight back and defend Roe. Helena
Silverstein has broken the silence on judicial bypass. It is now up
to the rest of us to take action.a aSilverstein implements a tremendous research design that yields a very well-written book, and the resulting evidence backs up a powerful indictment of street level justice at work.a--"Law and Politics Book Review" aDoes a terrific job of laying out how the courts have conspired
to limit the abortion access of teenage girls. The results are
clear, convincing and enraging. . . . Silverstein has broken the
silence on judicial bypass. It is now up to the rest of us to take
action.a aSilversteinas book is a welcome addition because, rather than
focusing on normative debates about abortion that almost anyone
interested in the question is already familiar with, she focuses on
how parental notification laws actually work on the ground. The
book is judicious and moderate in tone. . . . A first-rate work of
social science.a aThatas the law; whatas the practice? Helena Silverstein, a
political scientist, surveyed the courts charged with implementing
the parental bypass in Alabama, Tennessee and
Pennsylvaniaa]Silversteinas findings, which range from disturbing
to appalling, are set out in Girls on the Stand: How Courts Fail
Pregnant Minors.a In the wake of the Supreme Court's 1973 "Roe v. Wade" decision,
many states tested "Roe" by placing restrictions on abortion
rights. Most states now have parental consent laws for women under
age eighteen. For minors who have reason to avoid parental
involvement, the Supreme Court has instituted a generally welcomed
compromise that allows minors to seek authorization by a third
party, usually a judge. In this groundbreaking study, Silverstein
demonstrates that this compromise is fatally flawed. . . .
Silverstein does an excellent job of explicating the serious
problems with this compromise, concluding that it is rooted in the
myth that judges can be relied on to be unbiased. . . . Silverstein
has produced an important contribution to women's studies and legal
practice and theory.a aHelena Silverstein's important research reveals a court system
that all too often fails the most vulnerable teenagers.a aTaking on the emotionally charged issue of mandatory parental
involvement in the abortion decisions of minors and judicial bypass
provisions in three states, Silverstein carefully lays out and
skillfully dismantles myths that sustain support for these
policies. Her prose is lucid and engaging, her argument powerful
and persuasive. This book is one of the best examples of a new
generation of scholarship on law and legal processes.a aSilverstein develops an incisive, empirically rich, and tightly
reasoned case about how the beguiling amyth ofrightsa props up a
fatally flawed public policy for pregnant minors. This is a
veryoriginal, powerful, and important book that deserves to be read
by a wide audience.a aSilverstein's research on the by-pass protections written into
parental notification legislation reveals how and why these
protections provided for pregnant minors are subverted by clumsy
bureaucratic procedures and by politically driven judicial
decisions. In so doing, she brings empirical evidence, conceptual
sophistication and extraordinary good sense to divisive
controversies over reproductive rights, legality and
democracy.a The U.S. Supreme Court has decided that states may require parental involvement in the abortion decisions of pregnant minors as long as minors have the opportunity to petition for a "bypass" of parental involvement. To date, virtually all of the 34 states that mandate parental involvement have put judges in charge of the bypass process. Individual judges are thereby responsible for deciding whether or not the minor has a legitimate basis to seek an abortion absent parental participation. In this revealing and disturbing book, Helena Silverstein presents a detailed picture of how the bypass process actually functions. Silverstein led a team of researchers who surveyed more than 200 courts designated to handle bypass cases in three states. Her research shows indisputably that laws are being routinely ignored and, when enforced, interpreted by judges in widely divergent ways. In fact, she finds audaciousacts of judicial discretion, in which judges structure bypass proceedings in a shameless and calculated effort to communicate their religious and political views and to persuade minors to carry their pregnancies to term. Her investigations uncover judicial mandates that minors receive pro-life counseling from evangelical Christian ministries, as well as the practice of appointing attorneys to represent the interests of unborn children at bypass hearings. Girls on the Stand convincingly demonstrates that safeguards promised by parental involvement laws do not exist in practice and that a legal process designed to help young women make informed decisions instead victimizes them. In making this case, the book casts doubt not only on the structure of parental involvement mandates but also on the naAve faith in law that sustains them. It consciously contributes to a growing body of books aimed at debunking the popular myth that, in the land of the free, there is equal justice for all.
This accessible guide to the U.S. Supreme Court explains the Court's history and authority, its structure and processes, its most important and enduring legal decisions, and its place in the U.S. political system. A 2018 Pew Research Center poll found that while 78 percent of Democrats and Democratic-leaning independents believed that the Supreme Court should base its decisions on the "modern" meaning of the Constitution, 67 percent of Republicans and Republican-leaning independents asserted that Justices should rely on the Constitution's "original meaning." The Court often is the final arbiter of polarizing battles that originate in other branches of government. At the same time, however, its structural insulation from Congress, the Presidency, and electoral politics make the Supreme Court-at least in theory-well positioned to rise above the rough-and-tumble of politics. This book examines the power of the Supreme Court in America's system of democratic governance in several ways. These include: reviewing debates over whether justices should interpret the Constitution in line with its "original meaning" or in accordance with present-day understandings; exploring the processes and factors that shape how cases are chosen and decided; considering contentious battles over the selection of justices; and examining the impact of the Court on American culture and society. Offers a primer on the U.S. Supreme Court, an intriguing, complicated, and often-controversial piece of the U.S. legal and political system Identifies the sources of the Supreme Court's authority, the constraints to that authority, and ongoing debates about how the Court should exercise that authority Highlights the uniqueness of the Supreme Court, an institution central to U.S. democracy but designed to be insulated from the public and a check against majority rule Explores legal, political, and social factors that influence the Supreme Court and, in turn, how the Court shapes law, politics, and society Covers key areas of Court decision-making, such as separation of powers between the President and Congress, civil rights (e.g., affirmative action and same-sex marriage), and civil liberties (e.g., freedom of speech and free exercise of religion) Promotes literacy in the workings of democracy in the United States
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