Girls on the Stand: How Courts Fail Pregnant Minors [NOOK Book]

Overview

Choice Outstanding Academic Title for 2008

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 ...

See more details below
Girls on the Stand: How Courts Fail Pregnant Minors

Available on NOOK devices and apps  
  • NOOK Devices
  • Samsung Galaxy Tab 4 NOOK 7.0
  • Samsung Galaxy Tab 4 NOOK 10.1
  • NOOK HD Tablet
  • NOOK HD+ Tablet
  • NOOK eReaders
  • NOOK Color
  • NOOK Tablet
  • Tablet/Phone
  • NOOK for Windows 8 Tablet
  • NOOK for iOS
  • NOOK for Android
  • NOOK Kids for iPad
  • PC/Mac
  • NOOK for Windows 8
  • NOOK for PC
  • NOOK for Mac
  • NOOK for Web

Want a NOOK? Explore Now

NOOK Book (eBook)
$37.99
BN.com price
(Save 15%)$45.00 List Price

Overview

Choice Outstanding Academic Title for 2008

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 audacious acts 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 naïve 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.

Read More Show Less

Editorial Reviews

Publishers Weekly

In the wake of the Supreme Court's 1973 Roev. Wade decision, many states tested Roeby placing restrictions on abortion rights. Most states now have parental consent laws for women under age 18. 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, a professor of government and law at Lafayette College, demonstrates that this compromise is fatally flawed. Widely surveying courts in Alabama, Pennsylvania and Tennessee, she discovered that while some courts implement the bypass process straightforwardly, in many others judges defy the law. Some will not sign bypass waivers because they oppose abortion; others insist that the minor receive counseling from a pro-life Christian ministry; still others appoint a lawyer to represent the interests of the fetus. 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. While her writing tends toward the academic and legalistic, Silverstein has produced an important contribution to women's studies and legal practice and theory. (May)

Copyright 2007 Reed Business Information
From the Publisher
“Silverstein develops an incisive, empirically rich, and tightly reasoned case about how the beguiling ‘myth of rights’ props up a fatally flawed public policy for pregnant minors. This is a very original, powerful, and important book that deserves to be read by a wide audience.”
-Michael McCann,co-author of Distorting the Law: Politics, Media, and the Litigation Crisis

“Ambitiously takes aim at one of the few abortion policies about which there is widespread agreement: parental involvement laws.”
-Political Science Quarterly

Read More Show Less

Product Details

  • ISBN-13: 9780814769973
  • Publisher: New York University Press
  • Publication date: 5/1/2007
  • Sold by: Barnes & Noble
  • Format: eBook
  • File size: 3 MB

Meet the Author

Helena Silverstein is professor of government and law at Lafayette College. She is the author of Unleashing Rights: Law, Meaning, and the Animal Rights Movement.

Read More Show Less

Table of Contents


Acknowledgments     ix
Parental Involvement Mandates
A Balancing Act     3
The Legal Landscape     19
Gaining Access to the Bypass Process
Satisfaction     39
Ignorance     52
Misconduct     72
The Judicial Pulpit
Judgment Day     97
Facing the Fetus     115
Law and Politics
The Constitutional Fine Print     135
Myth-Guided Policy     157
Notes     179
Bibliography     219
Index     229
About the Author     239
Read More Show Less

Customer Reviews

Be the first to write a review
( 0 )
Rating Distribution

5 Star

(0)

4 Star

(0)

3 Star

(0)

2 Star

(0)

1 Star

(0)

Your Rating:

Your Name: Create a Pen Name or

Barnes & Noble.com Review Rules

Our reader reviews allow you to share your comments on titles you liked, or didn't, with others. By submitting an online review, you are representing to Barnes & Noble.com that all information contained in your review is original and accurate in all respects, and that the submission of such content by you and the posting of such content by Barnes & Noble.com does not and will not violate the rights of any third party. Please follow the rules below to help ensure that your review can be posted.

Reviews by Our Customers Under the Age of 13

We highly value and respect everyone's opinion concerning the titles we offer. However, we cannot allow persons under the age of 13 to have accounts at BN.com or to post customer reviews. Please see our Terms of Use for more details.

What to exclude from your review:

Please do not write about reviews, commentary, or information posted on the product page. If you see any errors in the information on the product page, please send us an email.

Reviews should not contain any of the following:

  • - HTML tags, profanity, obscenities, vulgarities, or comments that defame anyone
  • - Time-sensitive information such as tour dates, signings, lectures, etc.
  • - Single-word reviews. Other people will read your review to discover why you liked or didn't like the title. Be descriptive.
  • - Comments focusing on the author or that may ruin the ending for others
  • - Phone numbers, addresses, URLs
  • - Pricing and availability information or alternative ordering information
  • - Advertisements or commercial solicitation

Reminder:

  • - By submitting a review, you grant to Barnes & Noble.com and its sublicensees the royalty-free, perpetual, irrevocable right and license to use the review in accordance with the Barnes & Noble.com Terms of Use.
  • - Barnes & Noble.com reserves the right not to post any review -- particularly those that do not follow the terms and conditions of these Rules. Barnes & Noble.com also reserves the right to remove any review at any time without notice.
  • - See Terms of Use for other conditions and disclaimers.
Search for Products You'd Like to Recommend

Recommend other products that relate to your review. Just search for them below and share!

Create a Pen Name

Your Pen Name is your unique identity on BN.com. It will appear on the reviews you write and other website activities. Your Pen Name cannot be edited, changed or deleted once submitted.

 
Your Pen Name can be any combination of alphanumeric characters (plus - and _), and must be at least two characters long.

Continue Anonymously

    If you find inappropriate content, please report it to Barnes & Noble
    Why is this product inappropriate?
    Comments (optional)