Showing posts with label Reproductive Rights. Show all posts
Showing posts with label Reproductive Rights. Show all posts

Saturday, July 25, 2020

Weekend Roundup

  • The American Historical Association has canceled its annual meeting scheduled for Seattle from January 7–10, 2021.  More.
  • Annie Virginia Stephens Coker, the first Black woman to graduate from Berkeley Law. (Berkeley News). 
  • Research for our times: Emily Prifogle, University of Michigan Law, has brought together this compilation of online archival materials and primary sources. For when you can't go to the archives in person.
  • Mary Ziegler, Florida State University Law, discusses Abortion and the Law in America over at Nursing Clio.
Weekend Roundup is a weekly feature compiled by all the Legal History bloggers.

Saturday, July 11, 2020

Weekend Roundup

Charles Sumner (LC)
  • Lucy Salyer (University of New Hampshire) posted "'It Has Not Been My Habit to Yield': Charles Sumner and the Fight for Equal Naturalization Rights" (HNN).
  • Mary Ziegler (Florida State Law) on June Medical Service on NPR and in The Atlantic.
  • Caroline Fredrickson reviews Sara Mayeux’s Free Justice: A History of the Public Defender in Twentieth-Century America (Washington Monthly). 
  • The US Supreme Court's engrossed dockets from 1791 to 1995 are available here.  H/t: @SCOTUSPlaces.
  • Larry Tye discusses Demagogue: The Life and Long Shadow of Senator Joe McCarthy with Terry Gross on Fresh Air (WAMU). 
  • Law Book Exchange has circulated a catalogue on Legal Education. 
  • Harvard Law School has launched the new Journal of Islamic Law. It's a peer-reviewed, online journal with a special interest in data science tools and primary sources.
  • The Historical Society of the New York Courts has posted a new podcast, a discussion about Chancellor James Kent with the Hon. Robert S. Smith.
  • Jed Handelsman Shugerman (Fordham Law) on "The Imaginary Unitary Executive" (Lawfare)Josh Blackman (South Texas College of Law Houston) takes issue with Chief Justice Roberts's references to Aaron Burr’s treason trials in Trump v. Vance  (SCOTUSBlog).  Kristin E. Tremper, a Ph.D. Candidate at Lehigh, offers a brief history of the Founders and public health (Salon).  Stephen B. Presser asks whether George Washington would have worn a mask (Newsmax).  And apparently Stone Mountain isn't going anywhere.  Ugh.
 Weekend Roundup is a weekly feature compiled by all the Legal History bloggers.

Saturday, May 9, 2020

Weekend Roundup

  • Floyd Abrams reviews Wendell Bird’s The Revolution in Freedoms of Press and Speech: From Blackstone to the First Amendment and Fox’s Libel Act” over at First Amendment News.
  • The Federal Judicial Center has arranged its collection of its Notable Federal Trials series in this nifty timeline.  
Robert A. Taft (LC)
  • Sure, you're on lock down, but that doesn't mean you can't (virtually) browse the George Wythe Room at the Wolf Law Library at William & Mary.  H/t: Tom McSweeney.
  • A more accessible version of John Fabian Witt's lecture on the legal history of infectious diseases is here.
  • Over at the Legal History Miscellany: Can you steal a peacock? A post by Krista J. Kesselring on animals in early modern law.
  • The Hoover-Roosevelt Transition premiers on the Facebook page of the FDR Library on Wednesday, May 13.  FDR Library Director Paul Sparrow and Hoover Library Director Thomas Schwartz discuss the relationship between FDR and HH “during the 1932 campaign and the transition between their presidencies, examining their different philosophies in the role of government and the protection of individual liberty and freedom. Followed by a Q&A in the comments.
  • The Tagore Law Lectures (1870-1986) are now available here on the University of Calcutta Digital Library.
  • And also on South Asia: check out this Twitter thread by Kalyani Ramnath (@kalramnath) on epidemics, contagion, migration, and law.
    Weekend Roundup is a weekly feature compiled by all the Legal History bloggers.

Friday, April 24, 2020

Ziegler's "Abortion and the Law in America"

Former LHB Guest Blogger Mary Ziegler, Florida State University, has published Abortion and the Law in America: Roe v. Wade to the Present (Cambridge):
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 and the Law in America illuminates an entirely different and unexpected shift in the terms of debate. Rather than simply championing rights, 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.
Contents here.  Some endorsements:

'Mary Ziegler's thorough and impeccable research has established her as the premier historian of abortion in the post-Roe era. By giving equal attention to activists on both sides of the struggle, her scholarship offers an essential grounding for anyone who seeks to debate the issue as a newly-constituted Supreme Court now considers whether to alter the established precedents that have governed American law for the last quarter-century.'

David J. Garrow - Pulitzer Prize-winning author of Liberty and Sexuality

'For decades, the views of US Supreme Court Justices have dominated scholarly and popular conversations about abortion in the United States. In Abortion and the Law in America, Mary Ziegler offers a fresh take on the enduring debate; she centers the perspectives of activist organizations and grassroots tacticians in struggles over reproductive rights. Ziegler’s analysis of on-the-ground developments shows us that the Court is but one of many drivers of conflict and change in the unpredictable battle over Roe v. Wade.'

Tomiko Brown-Nagin - author of Courage to Dissent: Atlanta and the Long History of the Civil Rights Movement, Winner of the Bancroft Prize

'Few scholars know the history and law of abortion as well as Mary Ziegler. In this compelling book, she demonstrates how much we miss by continuing to view abortion through the prism of that 'clash of absolutes' pitting the constitutional right to choose against the constitutional right to life. In fact, she demonstrates, almost since Roe v. Wade was handed down, foes and advocates have fought about the costs and benefits of abortion, as well as rights to it. Abortion and the Law in America is indispensable reading for anyone interested in the vanishing line between science and spin, social movements and their legal strategies, and the role of the Supreme Court in the past - and future - of one of our most intractable conflicts.'

Laura Kalman - Distinguished Professor of History, University of California, Santa Barbara

'Mary Ziegler understands the 'on the ground' history of the politics of Roe, and its connection to the evolving abortion rights jurisprudence of the Supreme Court, better than anyone else. Abortion and the Law in America shows that this story is far more complex than we imagine it to be, and that the abortion fight is likely to continue regardless of whether the Court overturns its landmark decision. As Americans have debated abortion, they have also debated and disagreed on a host of other issues concerning women's health, poverty policy, family structure, and even the standards for evaluating evidence and science. The abortion debate, she shows, has both mirrored and furthered the collapse of consensus in the larger culture.'

Kenneth W. Mack - Lawrence D. Biele Professor of Law and Affiliate Professor of History, Harvard University

--Dan Ernst

Saturday, April 11, 2020

Weekend Roundup

  • The first 2020 issue of The Docket, the online sidekick of Law and History Review, is now live.
  • When contemplating your viewing options as you shelter in place, remember the Leon Silverman lectures of the Supreme Court Historical Society archived at C-SPAN. The complete list of lectures is here.
Weekend Roundup is a weekly feature compiled by all the Legal History bloggers.  

Saturday, March 14, 2020

Weekend Roundup

  • The Organization of American Historians has cancelled its annual meeting. But you can still skim the excellent program that the organizers put together. Margot Canaday (Princeton University) and Craig Steven Wilder (MIT) co-chaired the program committee. AND, if you were scheduled to present, check out this invitation (via Twitter) from The Docket (the online companion to the Law & History Review): "We’re sad about all that awesome #legalhistory scholarship that was going to be at #OAH20 and we’d like to be of service. The Docket will publish abstracts, full papers, etc. for any law, policy, or politics related OAH panel!" 
  • For those who have moved to online teaching, Twitter is filled with good resources right now. For example, Aimi Hamraie (Vanderbilt University) tweeted out an excellent guide to "accessible teaching in the time of COVID-19," tapping into some hard-won wisdom from "disabled culture and community." 
  • The Library of Congress may be closed to the public, but we believe its “crowdsourcing initiative By the People” continues.  The newest campaign to enlist the public’s help in making "digital collection items more searchable and accessible online is Herencia: Centuries of Spanish Legal Documents includes thousands of pages of historical documents in Spanish, Latin and Catalan."
  • ICYMI: An exhibit at the Lombard Historical Society on “the first woman to ever vote in an Illinois municipal election, an attorney named Ellen Martin.”  Patti Smith’s blurb of Ralph Nader’s cookbook: “A wonderful blend of consumer protection and consumer pleasure.” H/t: JLG
  • And if you can face it: Duke University Press has put together this Navigating the Threat of Pandemics collection--free to read online until June 1 (books) and Oct.1 (articles). LHB readers may appreciate this one especially.
Weekend Roundup is a weekly feature compiled by all the Legal History bloggers. 

Saturday, March 7, 2020

Weekend Roundup

  • Lately, the History Office of the Federal Judicial Center has been supplementing its usual tweets with threads on particular federal cases. Here is one on Amistad; ongoing is one on Ableman v. Booth.
  • The American Historical Association is now accepting nominations for its 2020 awards and prizes, including the Littleton-Griswold Prize for “the most distinguished book on US law and society, broadly defined.”
  • The March 2020 issue of the Journal of American History is out with the following principal articles:  “The Properties of Capitalism: Industrial Enclosures in the South and the West after the American Civil War,” by Emma Teitelman; “Truth in the Jungle of Literature, Science, and Politics: Upton Sinclair's The Jungle and Food Control Reforms during the Progressive Era,” by Rüdiger Graf; “The Evolution of Environmental (In)Justice in Spartanburg, South Carolina, 1900– 2000,” by Andrew Gutkowski; and “Bananas North, Deportees South: Punishment, Profits, and the Human Costs of the Business of Deportation,” by Adam Goodman.
  • ICYMI: Henry J. Abraham, a historian of the US Supreme Court, has died (WaPo).  Baylor law, history students ‘relitigate’ Boston Massacre trial 250 years later. “Corpus linguistics” originalism on the Second Amendment (HNN). A University of North Georgia student and the keys to Leo Frank’s cell (Gainesville Times).
Weekend Roundup is a weekly feature compiled by all the Legal History bloggers.

Saturday, February 1, 2020

Weekend Roundup

  • The American Political Development blog A House Divided is running a symposium on Corey Robin's The Enigma of Clarence Thomas. Here's a recent post by Melissa Murray (New York University School of Law) on the importance of surfacing Thomas's historical views of the black matriarch, alongside his views of the black patriarch, and how "Thomas’s view of race, patriarchy, and conservatism converge in his understanding of reproductive rights."
  • From HNN: Jennifer Wells, George Washington University, on her path to a professional career in history (after law school) and “some tips for current students considering graduate work in history and law.”
  • Last Thursday, Touro Law sponsored a symposium on the life and legacy of Charles A. Reich. [KMT: I tweeted some threads about the presentations, available here.]
  • Brenda Wineapple will speak on her book The Impeachers: The Trial of Andre Johnson and the Dream of a Just Nation at the Franklin Roosevelt Library and Museum at 4:00 p.m. on Wednesday, February 12, 2020.  Also, on February 15, the Library presents “Presidential Leadership: Lincoln & Roosevelt" with Harold Holzer and Craig Symonds.  More.
Weekend Roundup is a weekly feature compiled by all the Legal History bloggers. 

Saturday, January 25, 2020

Weekend Roundup

  • With the help of Michael J. Wishnie and his clinic students at Yale Law School, a powerhouse group of legal historians has submitted an amicus brief to the U.S. Supreme Court in Department of Homeland Security v. Thuraissigiam. Signers include Lauren Benton, Barbara Aronstein Black, Paul Brand, Kevin Costello, Christine Desan, Lisa Ford, Eric Freedman, Robert Gordon, Thomas Green, Paul Halliday, Hendrik Hartog, Elizabeth Papp Kamali, Stanley Katz, David Lieberman, Michael Lobban, Bernadette Meyler, Eben Moglen, Hannah Weiss Muller, James Oldham, Wilfred Priest, Jonathan Rose, David J. Seipp, and John Fabian Witt.  
  • The Ipse Dixit podcast has posted an episode on antitrust history, featuring Christopher L. Sagers (Cleveland-Marshall School of Law).  
  • HNN's interview of Chilton Varner, the president of the Supreme Court Historical Society, is here.
  • Martti Koskenniemi presents "What is the History of International Law a History of?" to the  EuroStorie research seminar at the University of Helsinki on January 31.  More.
  • Via HNN, here is a report on an American Historical Association panel on the history of presidential misconduct, with Kathryn Olmstead, Kevin M. Kruse, Jeremi Suri, and James M. Banner, Jr., based on the book, Presidential Misconduct: From George Washington to Today, ed. Banner (New Press, 2019). 
  • Andrew Delbanco, the author of The War before the War: Fugitive Slaves and the Struggle for America’s Soul from the Revolution to the Civil War, speaks at the FDR Presidential Library at 2:00 p.m. on Sunday, February 9, 2020.
  • A response to Guest blogger David S. Schwartz's guest blogposts here in December--by Michael Ramsey on the Originalism Blog here, with a response to the response by David Schwartz here.
Weekend Roundup is a weekly feature compiled by all the Legal History bloggers.

Saturday, January 11, 2020

Weekend Roundup

  • Legal scholars and historians on the uproar over changes to India's citizenship laws: read this by Shubhankar Damthis by Rohit De and Surabhi Ranganathanthis by Madhav Khoslathis by Gautam Bhatia, and this by Neeti Nair. Here's a useful microsyllabus on citizenship and provisional belonging in South Asia, by Swati Chawla, Jessica Namakkal, Kalyani Ramnath, and Lydia Walker.
  • On January 14, 2020, the Max Planck Institute for European Legal History hosts a colloquium on Decolonial Comparative Law, with Ralf Michaels and Lena Salaymeh.
  • "The [British] National Archives have provoked outcry from academics by announcing a new trial restricting readers to 12 documents a day” (Telegraph, via HNN).
  • Trey Gaines, Director of the Bartow History Museum, is to speak on the history of the 1869 Courthouse in Cartersville, Georgia, on January 15 from noon to 1 p.m.  (More)
 Weekend Roundup is a weekly feature compiled by all the Legal History bloggers.

Saturday, December 21, 2019

Weekend Roundup

  • From the Washington Post's Retropolis section, a profile of Mitsuye Endo, the under-appreciated Japanese-American citizen whose legal challenge to the Japanese American internment "forced the government to close the camps and allowed thousands of Japanese Americans to return to the West Coast."  
  • Speaking of unlawful confinement, the History Office of the Federal Judicial Center has posted this introduction to federal habeas corpus jurisdiction. To its bibliography we would add Amanda Tyler's Habeas Corpus in Wartime (2017) and Eric Freedman's Making Habeas Work (2018).
  • In individual posts we have mentioned several of the articles in the University of Pennsylvania Law Review's May 2019 symposium on administrative constitutionalism. The full symposium is now available here. It includes contributions by Karen M. Tani (University of California, Berkeley), Gregory Ablavsky (Stanford University), Joanna L. Grisinger (Northwestern University), Sophia Z. Lee (University of Pennsylvania), Jeremy K. Kessler (Columbia University), Bertral L. Ross II (University of California, Berkeley), William J. Novak (University of Michigan), Cary Coglianese (University of Pennsylvania), and William N. Eskridge, Jr. (Yale Law School). 
  • Writing for JOTWELL's Contracts section, Daniel Barnhizer (Michigan State University) has posted an admiring review of "Cheating Pays," by legal historian Emily Kadens (Northwestern Pritzker School of Law). The article, which was based on a historical case study, appeared in Volume 119 of the Columbia Law Review.
  • The blog of the Cato Institute has Roger Pilon’s notice of David N. Mayer, who died last month.  Mayer, professor emeritus of law and history at the Capital Law School, was the author of The Constitutional Thought of Thomas Jefferson (University of Virginia Press, 1994).
  • In the op-ed section of the New York Times: Lauren MacIvor Thompson (Georgia State University) reminds readers that "Women Have Always Had Abortions."  
Weekend Roundup is a weekly feature compiled by all the Legal History bloggers.

Monday, December 16, 2019

Shaw, Siegel and Murray's Introduction to "Reproductive Rights and Justice Stories"

Katherine Shaw, Yeshiva University-Benjamin N. Cardozo School of Law, Reva Siegel, Yale Law School, and Melissa Murray, New York University School of Law, have posted their introduction to Reproductive Rights and Justice Stories:
This book of "Reproductive Rights and Justice Stories" brings together important cases involving the state regulation of sex, childbearing, and parenting. We tell the story of twelve cases, some canonical and some far less known, involving contraception, abortion, pregnancy, and parenthood. The chapters tell their stories using a wide-lens perspective that illuminates the complex ways law is forged and debated in social movements, in representative government, and in courts.

As a field, "reproductive rights and justice” is relatively new, and its contours are quite broad, encompassing the various ways law shapes the decision “whether to bear or beget a child” and the conditions under which families are created and sustained. Some of the cases included in this volume are very much part of the constitutional law canon; more are not. Until recently, these cases have not often been conceived of as part of a unified field of law.

This volume remedies that oversight. Reading this group of cases together makes visible forms and effects of reproductive regulation that are less evident when the cases are read in isolation or in their more familiar doctrinal contexts. The framework of “reproductive justice” highlights the intersecting relations of race, class, sexuality, and sex that shape the regulation of reproduction. It examines the many ways law shapes the choice to have, as well as to avoid having, children. The volume addresses decisionmaking about contraception and abortion—the traditional subject matter of “reproductive rights”—in this larger reproductive justice framework, and locates this body of law alongside cases that consider a wider range of issues, including sterilization, assisted reproductive technology, pregnancy discrimination, the criminalization of pregnancy, and access to reproductive health care.

The chapters in this volume narrate the cases in ways that enlarge the field in which we analyze the work of courts. To be sure, the chapters tell stories about the individual litigants and lawyers behind important cases. But the stories recognize courts as but one of many institutions in our constitutional democracy, and they show how conflicts over law unfold in the institutions of civil society (medicine, religion, media), in democratic politics (social movements, political parties, and representative government), as well as in the courts. The stories feature ordinary women and men struggling with laws that govern the ways they make families, and show how members of the community, government officials, lawyers, and judges respond. In the process, these stories situate litigation histories in a larger social field, revealing the interplay of bottom-up and top-down forces that provoke, shape, and legitimate judicial decisions, and the role that struggle over courts and rights plays in forging new norms.
--Dan Ernst

Saturday, June 22, 2019

Weekend Roundup

C.J. Warren Burger (LC)
  • “The ‘Shaping Justice: A Century of Great Crimes in Merced County’ exhibit, opening at the Courthouse Museum on June 27 at 5 p.m., will chronicle the development of Merced County’s legal system in its first 100 years by examining 30 crimes/cases from the Snelling Wild West shootout in 1857 to finally putting the elusive ‘vice king’ Rusty Doan behind bars in 1952.”  More, from the Merced Sun-Star.
  • Congress held a hearing this week on reparations. The Chronicle of Education noted the absence of historians from those invited to testify. In the media, however, they've spoken up. Andrew Kahrl (University of Virginia) weighs in here, at the New York Times. 
Weekend Roundup is a weekly feature compiled by all the Legal History bloggers.

Saturday, June 1, 2019

Weekend Roundup

  • Over at Et Seq., Irene Gates, the project archivist at the Harvard Law School Library for the Justice Antonin Scalia papers, reports that items "that should be open next year includes the Justice’s pre-Supreme Court files (1970-1986); correspondence (through 1989 only); speaking engagement and event files (through 1989 only); photographs (circa 1982-2016); and miscellaneous files, such as subject files and articles about Scalia (1986-2016).”  H/t: JQB
  • A recent post by our friends at the Federal Judicial Center reminds us of its list of “Unsuccessful Nominations and Recess Appointments” to the federal judiciary.
  • Former LHB Guest Blogger Mary Ziegler, Florida State College of Law, discusses the history of the“fetal personhood” movement as part of a National Constitution Center podcast on Box v. Planned Parenthood.
  • According to Bucks Local News, “In a bold decision that will preserve the material record of American Revolutionary history and make it accessible to scholars across the globe,” the holdings of the David Library of the American Revolution will be relocated to the American Philosophical SocietyMore.
  • Some years back, Roman Hoyos observed that their flexibility as teachers allow many legal historians to contribute mightily to the law school curriculum.  The announcement of the 2019 Law Teaching awards at the University of Pennsylvania makes the point nicely.  Among the recipients were Sophia Lee, Serena Mayeri, and Herbert Hovenkamp.  --DRE
  •  ICYMI: Seven historians say Justice Clarence Thomas erred in writing in Box that “[f]rom the beginning, birth control and abortion were promoted as a means of effectuating eugenics."  (WaPo).  Also, Seth Barrett Tillman’s latest brief in the emoluments-clause litigation.  Finally, the Seattle University Law Review has published Berle X, the latest symposium inspired by the mid-twentieth-century law professor and government official Adolf Berle   I can especially recommend the contribution of my Georgetown Law colleague Robert Thompson.  --DRE
  • At The Conversation: Anne Fleming (Georgetown Law) on the relevance of "the history of small-dollar loans and their regulation" to recent proposals to curb predatory lending.; 
Weekend Roundup is a weekly feature compiled by all the Legal History bloggers. 

Saturday, May 25, 2019

Weekend Roundup

  • ICYMI, PBS's "Frontline" ran an episode this week ("Supreme Revenge") that went "inside the no-holds-barred war for control of the Supreme Court." The episode investigated "how a 30-year-old grievance" (over the Robert Bork nomination) "transformed the court and turned confirmations into bitter, partisan conflicts." Hat tip: Chris Schmidt, who also live-tweeted it.
  • The Take Care blog is hosting a symposium on Reproductive Rights and Justice Stories, edited by Melissa Murray, Kate Shaw, and Reva Siegel. Lots of great content has gone up so far.  
  • We join our friends at the Canadian Legal History blog in mourning the passing of Professor Ian Bushnell, a noted historian of the Canadian judiciary.
Weekend Roundup is a weekly feature compiled by all the Legal History bloggers. 

Saturday, May 18, 2019

Weekend Roundup

  • Our friends at the Federal Judicial Center have posted the latest in the Center’s series of teaching materials on Famous Federal Trials.  It’s U.S. v. New York Times, that is, The Pentagon Papers Case, in which "the publication of secret government documents about the Vietnam War leads to a federal court conflict pitting national security against freedom of the press."
  • Recently posted over at Law and Political Economy (LPE) blog is the symposium Piercing the Monetary Veil.  Contributors include Christine Desan and Roy Kreitner.
  • Be sure to check out the redesigned website of the Historical Society for the District of Columbia Circuit.
  • An updated webpage helps catch us up on legal history at Edinburgh Law School
  • "The 2020 BHC Doctoral Colloquium in Business History will be held in conjunction with the BHC annual meeting . . . in Charlotte Wednesday, March 11 and Thursday, March 12. Typically limited to ten students, the colloquium is open to early-stage doctoral candidates pursuing dissertation research within the broad field of business history, from any relevant discipline.  Applications are due by 15 November 2019 via email to BHC@Hagley.org."  More on this prestigious competition of the Business History Conference is here
  • My erstwhile and present Georgetown Law colleagues Mark Tushnet, Harvard Law School, and Louis Michael Seidman, Georgetown University Law Center, have posted On Being Old Codgers: A Conversation about a Half Century in Legal Education, a “conversation, conducted over three evenings,” capturing “some of our thoughts about the last half century of legal education as both of us near retirement.”  DRE  
  • We didn’t realize that Attorney General William Barr contributed an oral history to the Miller Center for Public Affairs series on the George W. Bush presidency.  Thanks, WaPo!
  • ICYMI: Mary Ziegler on recent developments in the campaign to overturn Roe on NPR (et al.).  The History Channel’s notice of Dan Abrams and David Fisher’s Theodore Roosevelt for the Defense: The Courtroom Battle to Save His Legacy.  Also, the History Channel on the first Social Security check.  More on legal historians as partners: some, it seems, make dreams come true.
Weekend Roundup is a weekly feature compiled by all the Legal History bloggers.

Friday, May 10, 2019

Murray, Shaw, & Seigel, eds., "Reproductive Rights and Justice Stories"

New from Foundation Press, in the "Law Stories" Series, Reproductive Rights and Justice Stories, edited by Melissa Murray (NYU Law), Katherine Shaw (Benjamin N. Cardozo School of Law), and Reva B. Siegel (Yale Law School). A description from the Press:
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.
All of the editors have contributed solo- or co-authored essays. The other contributors are: Samuel R. Bagenstos (University of Michigan Law); Khiara M. Bridges (Boston University School of Law); Deborah Dinner (Emory Law); Cary Franklin (University of Texas at Austin School of Law); Linda Greenhouse (New York Times/Yale Law School); Maya Manian (University of San Francisco School of Law); Serena Mayeri (University of Pennsylvania School of Law); Douglas NeJaime (Yale Law School); Priscilla A. Ocen (Loyola Law School, Los Angeles); Neil S. Siegel (Duke Law).

It looks like some of the essays are available on SSRN. For example, here is Reva Siegel and Linda Greenhouse's chapter on "The Unfinished Story of Roe v. Wade."

Tuesday, April 16, 2019

Sethna, Davis and friends on travel for abortion

Out with Johns Hopkins University Press is Abortion Across Borders: Transnational Travel and Access to Abortion Services, edited by Christabelle Sethna, University of Ottawa and Gayle Davis, University of Edinburgh. Many of the chapters are historical in approach, focusing on travel for abortion since the 1960s. From the press: 
Safe, legal, and affordable abortion is widely recognized as an essential medical service for women across the world. When access to that service is denied or restricted, women are compelled to carry unwanted pregnancies to term, seek backstreet abortionists, attempt self-induced abortions, or even travel to less restrictive states, provinces, and countries to receive care.
Abortion across Borders focuses on travel across domestic and international boundaries to terminate a pregnancy. Christabelle Sethna and Gayle Davis have gathered a cadre of authors to examine how restrictive policies force women to move both within and across national borders in order to reach abortion providers, often at great expense, over long distances and with significant safety risks. Taking historical and contemporary perspectives, contributors examine the situation in regions that include Texas, Prince Edward Island, Ireland, Australia, the United Kingdom, and Eastern Europe. Throughout, they take a feminist intersectional approach to transnational travel and access to abortion services that is sensitive to inequalities of gender, race, and class in reproductive health care.
This multidisciplinary volume raises challenging logistical, legal, and ethical questions while exploring the gendered aspects of medical tourism. A noticeable rollback of reproductive rights and renewed attention to border security in many parts of the world will make Abortion across Borders of timely interest to scholars of gender and women's studies, health, medicine, law, mobility studies, and reproductive justice.
Table of Contents after the jump: 

Saturday, February 16, 2019

Weekend Roundup

  • The Law & Political Economy blog has been running a series (called "1LPE") on what it would mean to teach courses in the first-year law school curriculum from a law and political economy perspective. Perhaps not surprisingly, lessons from history are crucial. See, for example, this recent post by Michelle Wilde Anderson (Stanford Law School) on Property Law and the creation of the racial wealth gap. See also this post, by Kali Murray (Marquette University Law School), on "teaching from narrative" and how she makes use of the diary of an antebellum African-American abolitionist.
  • From the American Political Development blog A House DividedCalvin TerBeek on "how conservatives embraced the Bill of Rights and incorporation."
  • Max Planck Institute for European Legal History has issued a call  for Postdoctoral and Research Scholarships 2020.  Deadline 31st May 2019.
Weekend Roundup is a weekly feature compiled by all the Legal History bloggers.

Monday, January 7, 2019

Christopher on the Oral Arguments in Roe v. Wade

Catherine Martin Christopher, Texas Tech University School of Law, has posted Nevertheless She Persisted: Comparing Roe v. Wade's Two Oral Arguments, which appears in the Seton Hall Law Review 307 49 (2018): 307-52:
There is a longstanding and popular sentiment in the legal profession that oral arguments do not really matter; rather, everything rides on the written briefs. This Article takes that old adage head on, and does so through analysis of one of the most controversial cases ever decided by the United States Supreme Court: Roe v. Wade. It is a little-known fact that Roe was argued before the Court not once, but twice, which presents a unique opportunity to consider the place and power of oral arguments in Supreme Court jurisprudence.

This Article offers a comprehensive analysis and critique of the two oral arguments in Roe. The Article first analyzes the oral arguments pragmatically, undertaking a scholarly investigation of the arguments to investigate their impact on the majority opinion. Next, the Article proceeds theoretically, engaging in a feminist legal theory analysis to assess how the Roe arguments were both a product of their time and shaped feminist legal theory going forward.
H/t: Legal Theory Blog