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The Supreme Court's 1973 decision in Roe v. Wade legalized
abortion-but the debate was far from over, continuing to be a
political battleground to this day. Bringing to light key voices
that illuminate the case and its historical context, Before Roe v.
Wade looks back and recaptures how the arguments for and against
abortion took shape as claims about the meaning of the
Constitution-and about how the nation could best honor its
commitment to dignity, liberty, equality, and life. In this
ground-breaking book, Linda Greenhouse, a Pulitzer Prize-winning
journalist who covered the Supreme Court for 30 years for The New
York Times, and Reva Siegel, a renowned professor at Yale Law
School, collect documents illustrating cultural, political, and
legal forces that helped shape the Supreme Court's decision and the
meanings it would come to have over time. A new afterword to the
book explores what the history of conflict over abortion in the
decade before Roe might reveal about the logic of conflict in the
ensuing decades. The entanglement of the political parties in the
abortion debate in the period before the Court ruled raises the
possibility that Roe itself may not have engendered political
polarization around abortion as is commonly supposed, but instead
may have been engulfed by it.
This book tells the movement and litigation stories behind
important reproductive rights and justice cases. The twelve
chapters span topics including contraception, abortion, pregnancy,
and assisted reproductive technologies, telling the stories of
these cases using a wide-lens perspective that illuminates the
complex ways law is debated and forged-in social movements, in
representative government, and in courts. Some of the chapters shed
new light on cases that are very much part of the constitutional
law canon-Griswold v. Connecticut, Roe v. Wade, Planned Parenthood
v. Casey, Nevada Department of Human Resources v. Hibbs. Others
introduce the reader to new cases from state and lower federal
courts that illuminate paths not taken in the law. Reading the
cases together highlights the lived horizon in which individuals
have encountered and struggled with questions of reproductive
rights and justice at different eras in our nation's history-and so
reveals the many faces of law and legal change. The volume is being
published at a critical and perhaps pivotal moment for this area of
law. The changing composition of the Supreme Court, increased
executive and legislative action, and shifting political interests
have all pushed issues of reproductive rights and justice to the
forefront of contemporary discourse. The volume is suited to a wide
range of law school courses, including constitutional law, family
law, employment law, and reproductive rights and justice; it could
also be assigned in undergraduate or graduate courses on history,
gender studies, and reproductive rights and justice.
When it was published twenty-five years ago, Catharine MacKinnon's
path-breaking work Sexual Harassment of Working Women had a major
impact on the development of sexual harassment law. The U.S.
Supreme Court accepted her theory of sexual harassment in 1986.
Here MacKinnon collaborates with eminent authorities to appraise
what has been accomplished in the field and what still needs to be
done. An introductory essay by Reva Siegel considers how sexual
harassment came to be regulated as sex discrimination. Contributors
discuss how law can best address sexual harassment; the importance
and definition of consent and unwelcomeness; issues of same-sex
harassment; questions of institutional responsibility for sexual
harassment in both employment and education settings;
considerations of freedom of speech; effects of sexual harassment
doctrine on gender and racial justice; and transnational approaches
to the problem. An afterword by MacKinnon assesses the changes
wrought by sexual harassment law in the past quarter century.
The Constitution in 2020 is a powerful blueprint for implementing a
more progressive vision of constitutional law in the years ahead.
Edited by two of America's leading constitutional scholars, the
book provides a new framework for addressing the most important
constitutional issues of the future in clear, accessible language.
Featuring some of America's finest legal minds--Cass Sunstein,
Bruce Ackerman, Robert Post, Harold Koh, Larry Kramer, Noah
Feldman, Pam Karlan, William Eskridge, Mark Tushnet, Yochai Benkler
and Richard Ford, among others--the book tackles a wide range of
issues, including the challenge of new technologies, presidential
power, international human rights, religious liberty, freedom of
speech, voting, reproductive rights, and economic rights. The
Constitution in 2020 calls on liberals to articulate their
constitutional vision in a way that can command the confidence of
ordinary Americans.
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