{"title":"Grounded in the reality of their lives: listening to teens who make the abortion decision without involving their parents.","authors":"J., Shoshanna Ehrlich","doi":"10.2139/SSRN.451460","DOIUrl":"https://doi.org/10.2139/SSRN.451460","url":null,"abstract":"Interdisciplinary in nature, this article presents the findings of a research study focusing on the decision making process of young women who choose to have an abortion without involving their parents. Drawing upon in-depth interviews, the article allows teens to be heard within the context of their own life circumstances. The stories they tell reflect the complexity of their lives, and the depth of their feelings about becoming pregnant, the decision to abort, and their families. The article examines the complex and multi-dimensional reasoning abilities of these young women, and the weight and meaning of their decision not to disclose their pregnancy and abortion plans to a parent. The interviews are situated within a broader legal context, and provide a rich counter-narrative to the Court's limited representation of adolescent reality in the minors' abortion rights cases. The article questions the Court's construction of this reality, and challenges its assumption that young women facing an unplanned pregnancy are incapable of making their own reproductive decisions. Raising further questions about the Court's insistence upon the need for adult involvement in the decision-making process, the article also examines the medical decision-making rights of teens, most notably with respect to pregnancy, and research on the cognitive decision making abilities of adolescents.","PeriodicalId":80641,"journal":{"name":"Berkeley women's law journal","volume":"18 1","pages":"61-180"},"PeriodicalIF":0.0,"publicationDate":"2003-10-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67735185","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Grounded in the reality of their lives: listening to teens who make the abortion decision without involving their parents.","authors":"J Shoshanna Ehrlich","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":80641,"journal":{"name":"Berkeley women's law journal","volume":"18 ","pages":"61-180"},"PeriodicalIF":0.0,"publicationDate":"2003-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"24530007","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Death and dying in America: the prison industrial complex's impact on women's health.","authors":"Cynthia Chandler","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":80641,"journal":{"name":"Berkeley women's law journal","volume":"18 ","pages":"40-60"},"PeriodicalIF":0.0,"publicationDate":"2003-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"24567868","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The breast and cervical cancer treatment program: accepting inequality for undocumented women?","authors":"N. Pinson","doi":"10.15779/Z382R3NW5Z","DOIUrl":"https://doi.org/10.15779/Z382R3NW5Z","url":null,"abstract":"","PeriodicalId":80641,"journal":{"name":"Berkeley women's law journal","volume":"17 1","pages":"122-36"},"PeriodicalIF":0.0,"publicationDate":"2002-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67386131","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The breast and cervical cancer treatment program: accepting inequality for undocumented women?","authors":"Nicola Y Pinson","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":80641,"journal":{"name":"Berkeley women's law journal","volume":"17 ","pages":"122-36"},"PeriodicalIF":0.0,"publicationDate":"2002-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"22277283","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The high cost of merging with a religiously-controlled hospital.","authors":"M Sloboda","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":80641,"journal":{"name":"Berkeley women's law journal","volume":"16 ","pages":"140-56"},"PeriodicalIF":0.0,"publicationDate":"2001-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"24597047","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The undue burden: parental notification requirements for publicly funded contraception.","authors":"S. Bornstein","doi":"10.15779/Z38D79593P","DOIUrl":"https://doi.org/10.15779/Z38D79593P","url":null,"abstract":"This article analyzes the legal impact of legislative proposals in 1998 and 1999 to require parental notification for minors seeking publicly funded contraception. Part I explores the history of Title X and some of its amendments, the HHS interpretive “squeal rule,” and the federal courts' rejection of the HHS rule based on the congressional intent behind Title X. Part II focuses on the Parental Notification Act of 1998 and its likelihood for success against a constitutional challenge, based on an analysis of precedent on parental consent requirements for contraception and abortion. Part III discusses the change in the legislative and judicial vision of adolescent privacy rights over time, from a more expansive notion of adolescents as individuals with rights to a more restrictive notion of adolescents as children subject to their parents' rights. The article concludes by touching upon some other legal trends that reveal this narrowing view of minors' privacy rights, including an increase in statutory rape prosecution during the last decade.","PeriodicalId":80641,"journal":{"name":"Berkeley women's law journal","volume":"15 1","pages":"40-75"},"PeriodicalIF":0.0,"publicationDate":"2000-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67456633","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The implantation of rights: an argument for unconditionally funded Norplant removal.","authors":"Rachel Stephanie Arnow","doi":"10.15779/Z38F58Q","DOIUrl":"https://doi.org/10.15779/Z38F58Q","url":null,"abstract":"This article addresses the legal implications of a Medicaid policy that provides unconditional funding for insertion of the Norplant contraceptive implant but sharply restricts the availability of funding for removal. Currently, the state Medicaid plans of all fifty states provide funding for Norplant insertion.' Three states, however, list documented medical necessity as a prerequisite to funded Norplant removal when requested within five years of implantation.' Those state policies which incorporate a removal restriction have the potential to place indigent Norplant users in a situation where they are unable to cease contraceptive usage, an effect that raises serious statutory and constitutional questions. Part I of this article provides general information on the Norplant contraceptive implant and the current funding restrictions in three state Medicaid programs. Part II analyzes the current removal policy against the statutory framework of the Social Security Act and its interpretive regulations. Part III addresses issues arising under the United States Constitution. The article concludes that because of the uniquely invasive nature of the Norplant contraceptive system, applicable statutes, regulations, and constitutional principles should be read to prohibit a state plan from demanding medical necessity as a precondition to removal and require states that fund Norplant implantation to fund removal at the demand of the patient.","PeriodicalId":80641,"journal":{"name":"Berkeley women's law journal","volume":"11 1","pages":"19-48"},"PeriodicalIF":0.0,"publicationDate":"1996-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67464588","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}