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Where Is the Woman? THE CARR CENTER FOR REPRODUCTIVE JUSTICE PRESENTS Reproductive Rights Law: Where is the Woman? CAR R CENTER for Reproductive Justice at NYU School of Law 9:15 a.m. Keynote Address Looking Back to Look Forward: Revisiting in a Different Voice Carol Gilligan, University Professor, New York University THE FIRST ANNUAL CONFERENCE OF THE 10:30 a.m. Presentation Reproductive Rights Law: Making women’s personhood central: Ensuring that upon CARR CENTER FOR becoming pregnant and through all stages of labor and delivery, pregnant women retain their civil and human rights. REPRODUCTIVE Where is the Woman? Lynn Paltrow ’83, Lawyer and Executive Director, JUSTICE AT NYU National Advocates for Pregnant Women SCHOOL OF LAW, Historically women have been the subjects and 11:30 a.m. Presentation ESTABLISHED 2013. objects of law – not its makers, interpreters Women and Unequal Rights in Healthcare Decisions and enforcers. The voices of “woman” – in all R. Alta Charo, Warren P. Knowles Professor of Law and Bioethics, University of Wisconsin at Madison her different origins, richly diverse, manifold manifestations and life experiences – are still 12:30–1:30 p.m. Lunch largely unheard in the law. It is therefore not surprising that advocates and scholars 1:30 p.m. Presentation Reproductive Rights as Aspects of Constitutional Personhood examining US Reproductive Rights Law for its Peggy Cooper Davis, John S. R. Shad Professor of Lawyering impact on women are struck by its unawareness and Ethics, NYU School of Law of and insensitivity to the woman and to the 2:30 p.m. Panel humanity and humane experience that women A Unified Pro-Choice Strategy: Connecting Practitioners, Providers, Scholars and the Media centrally represent in our struggles over reproduc- Lori Adelman, communications and advocacy expert tion and its regulation. To achieve justice, we Irin Carmon, journalist and commentator Jill Filipovic ’08, lawyer and journalist must change that. We have, therefore, taken Jessica Mason Pieklo, lawyer and journalist “Where is the Woman?” as the theme for our first ever conference of the Carr Center for 4:00 p.m. Presentation Women of Color and the Future of Reproductive Justice Reproductive Justice. Dorothy Roberts, George A. Weiss University Professor of Law and Sociology at the University of Pennsylvania 9:15 a.m. Keynote Address 10:30 a.m. Presentation 11:30 a.m. Presentation 1:30 p.m. Presentation Looking Back to Look Forward: Revisiting in a Different Voice Making women’s personhood central: Ensuring that upon Women and Unequal Rights in Healthcare Decisions Reproductive Rights as Aspects of Constitutional Personhood Carol Gilligan, University Professor, New York University becoming pregnant and through all stages of labor and R. Alta Charo, Warren P. Knowles Professor of Law and Peggy Cooper Davis, John S. R. Shad Professor of Lawyering delivery, pregnant women retain their civil and human rights. Bioethics, University of Wisconsin at Madison and Ethics, NYU School of Law The voices of pregnant women considering abortion were key Lynn Paltrow ’83, Lawyer and Executive Director, National Advocates for Pregnant Women to reframing psychological theory and the terms of ethical and While legislatures and voters are being asked to declare fertilized Women, like formerly enslaved people, are in a continuing quest eggs “persons” with equal rights under the law, few have thought to move from the status of constitutional property to a status that legal debate. A wide variety of “pro-life” measures including feticide laws, to treat grown women as persons with equal rights. Whether it is people in African-American social justice movements increasingly discriminatory advance directive laws, and judicially created coercive measures during pregnancy, exclusion from medical re- describe as “constitutional personhood.” This is not simply a quest In 1996, Carol Gilligan was named by Time as one of the 25 law are recognizing separate legal rights for fertilized eggs, search, or disregard for end-of-life wishes, women have routinely to assume an elevated civic status; it is a quest to define a civic most influential Americans; Harvard University Press describes embryos, and fetuses. These measures have broad and devasta- been denied the rights of personal autonomy and bodily integrity status that is owed to us all as a matter of human right. It is im- her 1982 book In a Different Voice: Psychological Theory and ting implications for all pregnant women, whether they seek to in health care that are enjoyed by men. portant to understand the struggle for reproductive justice as part Women’s Development as “the little book that started a revolu- have an abortion, experience a pregnancy loss, or go to term. tion.” At its center, Gilligan presented her study with pregnant of this larger struggle for dignitary status. R. Alta Charo teaches health law, bioethics and biotechnology women considering abortion in the years immediately follow- Lynn Paltrow is known for her vision, her commitment to en- law, food and drug law, medical ethics, reproductive rights, Peggy Cooper Davis is an influential legal scholar in the areas ing Roe v. Wade and showed how listening to women reframed suring that women’s voices are clearly heard, and that their ac- torts, and legislative drafting. Charo previously served on Pres- of child welfare, constitutional rights of family liberty, and in- the conversation. Her subsequent research on girls’ develop- tual lived experience informs advocacy and activism to advance ident Obama’s transition team, where she was a member of terdisciplinary analysis of legal pedagogy and process. Davis’s ment along with a study of young boys and work with couples reproductive justice. She is founder and executive director of the Health and Human Services review team. She also served book, Neglected Stories: The Constitution and Family Values, in crisis highlighted the affinity between the requisites for love National Advocates for Pregnant Women (NAPW). NAPW as a senior policy advisor on emerging technology issues in illuminates the importance of anti-slavery traditions as in- and the requisites for democratic citizenship. The Times Liter- combines legal advocacy, organizing, and public education to the Office of the Commissioner at the US Food and Drug terpretive guides to the meaning of the Fourteenth Amend- ary Supplement acclaimed her 2002 book The Birth of Pleasure secure the human and civil rights, health, and welfare of all Administration, and has served on numerous advisory com- ment. Her recent book, Enacting Pleasure, is a collection of as “a thrilling new paradigm.” More recent books include Kyra: women. NAPW places particular emphasis on the rights of mittees for the federal government, including the National essays exploring the social, cultural, psychological, and politi- A Novel (2008), The Deepening Darkness: Patriarchy, Resistance pregnant and parenting women, focusing especially on those Bioethics Advisory Committee under President Clinton. She cal implications of Carol Gilligan’s relational psychology. For and Democracy’s Future (with NYU law professor David A. J. women who are most vulnerable to state control and pun- has also served as a member of the boards of the Alan Gutt- more than 10 years, Davis directed the NYU Law’s Lawyering Richards, 2009), and Joining the Resistance (2011), where she ishment, namely low income women, women of color, and macher Institute and the Foundation for Genetic Medicine, Program, a widely acclaimed course of experiential learning joins her current thinking about the major themes of her women who use criminalized drugs. Paltrow has also worked the National Medical Advisory Committee of the Planned that distinguishes the Law School’s first-year curriculum. She work with an account of her personal journey into research with the ACLU Reproductive Freedom Project, the Center for Parenthood Federation of America, and the program board now directs the Experiential Learning Lab, through which she and advocacy. Before coming to NYU, Gilligan held Harvard Reproductive Law and Policy (now the Center for Reproduc- of amfAR, the Foundation for AIDS Research, among other works to develop and test progressive learning strategies and University’s first chair in gender studies; she has received a Se- tive Rights), and Planned Parenthood of New York City. She organizations. Charo is the author of nearly 100 articles, book to develop professional education courses that systematically nior Research Scholar’s award from the Spencer Foundation, a is a frequent guest lecturer and writer for popular press, law chapters, and government reports on law and policy related to address the interpretive, interactive, ethical, and social dimen- Grawemeyer award for her contributions to education, and a reviews, and peer reviewed journals including “Roe v. Wade and environmental protection, reproductive health, new reproduc- sions of practice. Davis has served as chair of the board of the Heinz award for her contributions to understanding the hu- the New Jane Crow: Reproductive Rights in the Age of Mass tive technologies, medical genetics, stem cell research, science Russell Sage Foundation and as a director of numerous not- man condition. Incarceration,” American Journal of Public Health. funding, and research ethics. for-profit, for-profit, and government entities. Prior to joining the faculty of NYU Law in 1983, Davis served for three years as a judge of the Family Court of the State of New York after 10 years in practice. 2:30 p.m. Panel Jill Filipovic ’08, is a lawyer and writer. Well known as a blog- 4:00 p.m. Presentation A Unified Pro-Choice Strategy: Connecting Practitioners, ger at the popular website Feministe, Filipovic is also a weekly Women of Color and the Future of Reproductive Justice Providers, Scholars and the Media columnist for the Guardian. She has written for Yale Journal Dorothy Roberts, George A. Weiss University Professor Lori Adelman, communications and advocacy expert of Law and Feminism, the Huffington Post, AlterNet, and the of Law and Sociology at the University of Pennsylvania Irin Carmon, journalist and commentator Jill Filipovic ’08, lawyer and journalist Nation, among other publications.
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