Reproductive Rights

 

 

Tips for writing about legal issues:
1. Read each entire question.
2. Determine what the legal issue is.
3. Make a brief outline of your answer before beginning to write. This helps in case you forget a point after you begin writing.
4. The questions give you all the information you need. However, if you think you need more facts, state what facts you need and how they would affect your answer.
5. You are not expected to know or discuss laws we have not studied.

This exercise is intended to let you show that you can identify and analyze legal and policy issues we have covered in this class. Answer should be approximately 500—600 words in length. These word counts are guidance. If you feel your answer requires more words to provide a full analysis and/or show a complete understanding of the material please feel free. Extraneous writing irrelevant or unnecessary to the question will not result in additional credit.

 

SHORT ESSAY QUESTIONS

Instructions: Write a short essay or memo to answer the following question. The answers to these questions do not require great detail. Answers should consist of 2 or 3 well organized paragraphs clearly explaining the answer and your reasoning. Each answer should be approximately 500–600 words.

Reproductive rights stem largely from the right to privacy. Explain where the right to privacy comes from in the Constitution and what rights related to reproduction have come from this constitutional protection. Finally, explain how the Court’s view and analysis of the right to an abortion has evolved over time. In doing so, be sure to discuss the most critical changes that came from the most recent case, Whole Women’s Health.

Sample Solution

Reproductive Rights

Reproductive rights are the rights of individuals to decide whether to reproduce and have reproductive health. The US Constitution does not explicitly mention a right to reproduce, however, the Supreme Court has recognized it as a personal right that is deemed fundamental and which extends to procreation, contraception, family relationships, and child rearing. Moreover, a person’s rights to privacy is expressed in the Fourteenth Amendment of the US Constitution and was the subject of Roe V. Wade in 1973. Pro-choice advocates argue that abortion falls within a person’s constitutional right to privacy, believing the choice to terminate an unborn fetus lies with the individual and her doctor. On the other hand, pro-life advocates argue that a fetus is a living being at the moment of conception and argues that abortion should be criminalized to protect the life of the unborn fetus.

imposed on women by the society, and sometimes, their own community and social group as well. In Girl, the theme of conflicts between a mother and her daughter and traditional and Western or modern values are portrayed by Kincaid’s effective illustration of her relationship with her mother. Jamaica Kincaid, a contemporary American Caribbean writer, illustrates in her work the dynamics of human relationships among immigrants trying to assimilate with the dominantly Westernized English society. Written in 1978, Kincaid details in her short narrative, Girl, issues that the protagonist (or Kincaid) experiences as she and her mother’s values clash against each other. In addition to exploring emotions of loss inherent in the mother-daughter bond, Kincaid also crafts her main characters as metaphors for the oppressive forces of colonization. Moira Ferguson comments in her critical analysis of Annie John, that Annie’s mother exists as an allegory to “an imperial presence,” an external force that “protects and indoctrinates” and inspires the girl’s rejection of colonial domination. The colonialist themes that run throughout Kincaid’s fiction infuse depth and political significance into her work. As Diane Simmons in World Literature Today states, “At heart, Jamaica Kincaid’s work is not about the charm of a Caribbean childhood, nor is it about colonialism. Nor, finally, is it about black and white in America. At heart, her work is about loss” (466). In other words, to read Annie John solely on a polemic level is to miss much of the artistic texture and universal themes that give life to her prose. For her work on Annie John, Kincaid was selected as one of three finalists for the 1985 international Ritz Paris Hemingway Award. In addition, Kincaid is a recipient of the Anifield-Wolf Book Award and The Lila-Wallace-Reader’s Digest Fund Award. Kincaid also received a nomination for the 1997 National Book Award for My Brother, a gripping chronicle of her relationship with her youngest brother, during his losing battle with AIDS. Despite the praise and numerous honors, there are those who condemn Kincaid’s work, specifically A Small Place, for its “ill-chosen rage.’ A Small Place, is “a short but powerful book that can best be described as an anti-travel narrative” (Dictionary of Literary Biography, 135). In this 81 page, slim volume of nonfiction, Kincaid examines the brutal effects of Antiguan colonial oppression and relentlessly indicts its white perpetrators. She writes accusatorily and directly to her white readers: “Have you ever wondered to yourself why it is that all people like me seem to have learn

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