Choosing abortion: Teens who make the decision without parental involvement

In the landmark case of Bellotti v. Baird, the Supreme Court assumed both that pregnant teens lack the capacity to make the abortion decision for themselves, and that parental involvement serves as a beneficial counterweight to youthful immaturity. Since this decision, the Court has not wavered from its belief in the interconnected assumptions about teen decisional incapacity and the benefits of parental involvement, despite the growing body of literature documenting the decisional abilities of teens. Compounding this omission, the Court has also failed to consider the fact that minors possess significant medical self-consent rights, particularly when it comes to pregnancy and other sensitive medical decisions. This article examines how these flaws compromise the integrity of the Court's position. It then presents the results of a research study on the experience of young women in Massachusetts who chose to seek judicial authorization for an abortion, rather than involve their parents. Drawing on in-depth interviews, the article allows young women to be heard within the context of their own lives. Speaking about their decision to abort, their reasons for not involving their parents, and the nature of the court experience, their voices provide a rich counter-narrative to the Court's pinched representation of adolescent reality, and enable us to see how important it is to listen to what teens have to say about their own lives, rather than simply accepting the Court's portrayal of their reality. where she teaches courses in family law and the legal rights of women and youth. She is on the steering committee of the Judicial Consent for Minors Lawyer Referral Panel, and also consults with many organizations, including Planned Parenthood and the ACLU's Reproductive Freedom Project, on the legal rights of minors in reproductive health care settings.     

美国当代女权运动中女性内部差异问题的凸显

20世纪80年代中期前后,美国女权运动中女性内部差异问题凸显,表现为:有色人种、同性恋、工人阶级等女权主义者从自己的立场出发,对作为女权运动主流的白人中产阶级异性恋女权主义者将自己的价值观泛化为所有妇女的价值观的做法进行了批判和质疑。她们认为,白人中产阶级妇女将目光过多地集中于性别压迫,而忽视种族、阶级、民族、性倾向,乃至年龄、地域、宗教、文化等因素对其他妇女的压迫。而这些因素的交叉互动构成了社会不平等的权力结构关系。因此,女权斗争的目标应是改造整个社会的不平等结构,而并非只是消除性别的不平等。     

Induced Abortion in Russia: Recent Trends and Underreporting in Surveys

The abortion level in Russia has been exceptionally high for several decades, yet during the last ten years it experienced a considerable decline. There is a concern that this favourable change could be largely due to a deterioration of statistical registration in the 1990s. In this paper, we use three reproductive and health surveys for a crosscheck with provider statistics, and analyse patterns and determinants of abortions. Each survey includes questions about the history of abortions. Our data indicate that survey estimates of the crude, total, and age-specific abortion rates emerge to be very close to respective figures from provider statistics for about two years preceding each survey. Survey estimates progressively deviate downwards from provider statistics when moving further back in time due to growing under reporting. This finding suggests that provider statistics on abortion in Russia are a true reflection of the situation they monitor, that the observed declining trend in abortion is a real one, and that analyses of survey data on abortions are justified for up to two years preceding the survey. Logistic regression using the data from the survey carried out in 2000 for the period of 1998-2000 reveals that the odds for an induced abortion are lower in case of a higher educational degree, that the odds increase with the number of children and decrease with the use of more reliable contraceptive methods, and that married women are more likely to have an abortion than never-married ones but less likely when compared to cohabiting women.     

Hindsight and the abortion experience: what abortion means to women years later

This article provides views on abortion by demonstrating women's retrospective accounts of their abortion experiences. Women's accounts of their abortion experiences are socially constructed both at the time of the abortion and in subsequent years in their lives. Some women reflect on their past abortion as the right decision; however, some also feel varying degrees of pain, grief, and loss. Many view their abortions as mistakes. Profiles of four women are presented in this article to provide several critical points on a continuum pertaining to study participants' retrospective satisfaction with an abortion experience. Based on the profiles, various emotional reactions are possible to occur after abortion and those retrospective interpretations of the experience change as personal growth and circumstances prompt women to reflect about the original experience. It was also documented that the satisfied group in the study was the one composed of women still involved with the partner with whom they became pregnant. With an open conversation on the emotional effects of abortion, women will be able to help inform and transform politicized abortion debates.     

女性尊严:漫长的等待——由毕淑敏《女人之约》说起

女性确实是与男性不一样的独特的存在,并不是男人能做的事女人都来做才是平等、自由和尊重."和而不同"应该才是平等和尊重的前提.尽管有女权主义的甚嚣尘上,女性的痛楚、矛盾和自身承载的深厚苦难仍然存在.毕淑敏发现了女性解放背后更隐秘更深层的一种内涵--女性在经济、政治权力获得之后更要诉诸于世俗心理才能得到的东西:尊严.     

<Emphasis Type="Italic">Girls Are Equal Too</Emphasis>: Education,Body Politics,and the Making of Teenage Feminism

This paper traces the origins, tactics, and reception of teenage feminism between the late-1960s and mid-1970s. Letters and essays written by teenage girls during this time demonstrate how girls saw feminism as a tool to challenge gender role socialization and build a supportive and collaborative community of girl activists within this revolutionary context. When compared to male or adult peers, teenage feminists during the Second Wave were perceived as illegitimate and inconsequential (Graham in Young activists: American high school students in the age of protest. Northern Illinois University Press, Dekalb, 2006]. These perceptions have inadvertently positioned teenage feminism as a post-Second Wave “girl power” movement (Snyder in Sisterhood interrupted: from radical women to girls gone wild. Palgrave Macmillan, New York City, 2008; Siegel in Signs 34(1):175–196, 2007]. However, using primary sources written by girls, this paper illuminates how teenage and adult feminists created space within the women’s liberation movement to identify, discuss, and combat the particular gender oppressions experienced by adolescent girls. Through consciousness-raising groups, essays, and direct actions, teenage feminists focused on the materiality of sexual objectification and gender discrimination. Framing their own form of body politics, they fought against sex-specific dress codes, sex segregation in schools, courses, and sports, as well as lack of access to sex education and birth control. Teenage and adult feminists argued that these gendered customs trained girls for subservience that prevented them from attaining full citizenship. Vivid personal narratives by girls illuminate the impacts of feminism on their gender identity and relations. Ultimately, by challenging age divisions between the adult-dominated face of the Second Wave and the girl-focused Third Wave, this paper uses the voices of teenage girls to shed light on an earlier movement of “girl power” that has yet to be excavated.     

由“强制引产胎儿”事件引发的法学思考

结合陕西安康发生的"强制引产胎儿"事件,对"引产"进行了法理分析。认为:"强制引产"应属行政违法和行政侵权行为。强制引产行为的产生既有执法者主观方面的原因,如政治意识、法律观念、道德观念欠缺等,又有客观方面的原因,如一定社会环境中法制、经济状况的影响等。其中,执法者的"傲慢"和"偏见"是重要原因。就此提出了完善立法、依法行政、严格责任、体现以人为本的理念等建议,以解决计划生育行政执法难题。     

完善我国矿产资源开发法律调整机制的若干建议

目前我国调整矿产资源开发的法律体系比较分散,没有形成一个内部整体和谐的调整机制。实践中主要存在矿业权流转制度激励不足、矿业权有偿取得率低、管理监督体制缺失三大问题。本文主张在持续发展与高效利用的前提下,引进国外先进立法,从法律角度稳定开采方与许可方的法律关系,对双方形成有效的制度激励。     

Women journalists in the Chinese enlightenment, 1915–1923

May Fourth women journalists appropriated the discourse of women’s emancipation advocated by New Culturalists to shape their discussions of women’s suffrage, labor movement, and legal rights. The rhetoric of emancipation enabled women writers to redefine gender norms and legitimized women’s presence in coeducational schools, modern professions, and public spaces. The interplay between the discourse and practices associated with new women enabled women activists to embrace the subject positions opened by the ideal of the “new woman” and to appropriate the rhetoric of human rights to advocate the sharing of male power and privilege, while seriously exploring how to be women in the political and social landscape of an emerging modern China. She has authored “Cross Dressing in Modern Japan” (Japan Studies Review, 2002), “Male Feminism and Women's Subjectivities: Zhang Xichen, Chen Xuezhao, and The New Woman” (Twentieth-Century China, 2003), and “Constructing Manchukuo Womanhood to Serve Japanese Imperialism” (The Journal of Georgia Association of Historian, 2005).     

Wisdom, goodness and power: Elizabeth Cady Stanton and the history of woman suffrage

In the first three volumes of the History of Woman Suffrage, Elizabeth Cady Stanton and her co-authors crafted a rhetorical history that not only celebrated Stanton's role in the suffrage movement, but also promoted her broader, more radical vision of complete gender equality. In the context of a movement divided over strategy, Stanton and her editors made the case not just for the vote, but for expanding the role of women in all realms of American social and political life. Documenting the contributions of women since the Revolution, the History advocated the full political and legal “sovereignty” of women by showing how their wisdom, goodness, and power had contributed to the nation's progress. [W]e hope to rouse new thoughts in minds prepared to receive them.—History of Woman Suffrage (1881) She has written several articles on the rhetoric of the nineteenth-century women's rights movement.     

行政法律关系视野中的教师聘任制

我国现行的公立学校与教师之间主要是一种行政法律关系。在这种关系下推行的教师聘任制,必然彰显出学校这一行政主体(属于法律授权的行政主体)与教师合法权益保障的不平衡与矛盾。为了确保教师聘任制的顺利推行,并能有效地保护教师的合法权益,应借鉴关、日、德等国经验,单独为教师聘任制立法,引入司法救济,以有效解决行政法律关系中教师权利保护程序的缺失问题。     

论域名的法律保护

在分析域名的法律特征、法律保护现状的基础上，提出了域名法律保护的三种途径；承认域名权作为民事利益受法律保护的基础保护；肯定域名在一定条件下可以注册为商标的强化保护；对驰名域名提供的特殊法律保护。     

论企业商业秘密保护中竞业禁止条款的适用

随着人才市场流动性的增强,由员工"跳槽"引发的商业秘密侵权案件时有发生.国外不少国家通过竞业禁止条款来规制员工流动与商业秘密保护之间的法律关系.从立法实践来看,竞业禁止条款能平衡雇主与雇员之间的利益.我国目前关于竞业禁止的法律仍不系统,法律效力不普及.目前,我国应当对<反不正当竞争法>进行修订,规定雇员这一侵权主体,并以法律形式确定竞业禁止的效力.     

Abortion politics in the United States, 1972-1994: from single issue to ideology

The political debates about legal abortion in the United States have intensified the ideological content of the issue. At the time that Roe v. Wade legalized abortion nation-wide, conservatives were divided on the issue, as were liberals. By the late 1990s, conservatives had moved toward a pro-life stance while liberals reached consensus on supporting choice. Women began the politicization, beginning to split along ideological lines in the late 1970s; men followed in the 1980s. Attitudes toward women's roles and sexual morality are strongly correlated with opinions about abortion, and they explain about one-third of the recent ideological gap on abortion. They do not account for the trend toward politicization, however. This article arose as a tangent to his recent project on class voting in the United States. Most of his work is in the areas of social inequality and social mobility. His most recent book (with five Berkeley co-authors) is Inequality by Design: Cracking the Bell Curve Myth (Princeton University Press, 1996).     

中美妇女堕胎现状比较研究

以中美两国的堕胎现状作为研究对象,着重分析了堕胎在两国的基本情况、形成原因以及对两国社会产生的影响,旨在引起人们对堕胎的关注,慎重对待这一社会问题,多一点对社会及生命的责任感。通过对比分析发现,两国在堕胎问题上的认识有很大的差异,美国因宗教和政治介入使堕胎脱离了其本质的意义,并使社会矛盾进一步激化;而在中国,堕胎作为一种人流手术,其对妇女的危害性却逐渐被淡化,越来越多的未婚年轻女性堕胎违背了国家实行计划生育的初衷。总之,堕胎问题在美国引起各方争议,具有不可调和性,而在中国基本上能形成共识,不具有争议性,但对女性健康以及青少年性教育的关注促使国家采取进一步的补救措施。     

论抗战时期边区妇女解放的创新意义

中国妇女解放运动在抗战边区获得重大突破。边区妇女普遍地觉醒,要求解放,要求进步,为妇女走上彻底的解放准备了心理前提;边区先进的妇女解放理论在民主的基础上指导妇女运动的实践,为妇女解放指明了一个明确的方向,预示妇女彻底解放的可行性;边区妇女在抗战中争取到的权利是具体的、真实的,不但有具体的法律保障,也有具体的实践保障,体现真正的人本关怀。     

法律方法视角下新兴权利的司法困境类型与应对

新兴权利是指那些具有一定法理正当性或现实共识基础但缺乏直接明确法律依据的新兴利益形态及其诉求。基于类型化思维,新兴利益诉求向新兴权利转化的司法过程可分为“权利确认”“权利定型”“权利论证”等三个存在逻辑递进关系的环节。新兴权利司法困境的应对与法律方法的运用存在密切关联,法律方法运用不当会对新兴权利类案件的裁判实践造成诸多消极影响。完善法律发现、利益衡量、法律解释、法律修辞与法律论证等法律方法的运用,有利于更好地发挥司法在促进新兴权利法治化进程中的价值和功用。     

女性的话语权威——从夏洛蒂·勃朗特和托尼·莫里森作品的“叙述声音”说开去

本文以夏洛蒂.勃朗特和托尼.莫里森的女性叙事文本为考察研究的对象,借鉴叙事学和女性主义的相关理论,以叙述声音为切入点,通过对作品的分析、解读,探讨了在十九世纪男性权利话语占统治地位的社会背景之下,女性作家争取女性话语权,建构文本中女性话语权威的艰难历程,她们的努力最终使女性赢得了在历史中言说的权利。     

法律与社会性别平等--以农村妇女土地承包经营权的法律保护为例

目前我国立法还缺乏明确的社会性别理论影响,因而没有很好地起到保护女性合法利益的作用,研究法律中的社会性别,特别对我国现行<农村土地承包经营法>关于妇女土地承包经营权的法律保护条款进行分析,指出该法在保护农村妇女土地合法权益方面的不足,提出把性别观念引入立法,建立男女平等的法律保护机制的思考.