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Women and Reproductive Rights, pp 125-148

1  Rickie Solinger, Pregnancy and Power: An Orientation to Reproductive Politics in U.S. History, (New York: NYU Press, 2005).

2  Andrea Smith, "Better Dead than Pregnant," in Jael Silliman and Anannya Bhattacharjee, ed., Policing the National Body: Race, Gender, and Criminalization, (Cambridge, Mass.: South End Press, 2002) 123-46.

3  Dorothy Roberts, Killing the Black Body: Race, Reproduction, and the Meaning of Liberty (New York: Pantheon, 1997), 56-103.

4  Elaine Tyler May, Barren in the Promised Land: Childless Americans and the Pursuit of Happiness (Cambridge: Harvard University Press, 1995); and Nicole Rafter, Partial Justice: Women, Prisons, and Social Control, 2nd ed. (New Brunswick, NJ: Transaction Publishers, 1990).

5  May, 97.

6  Smith, "Better Dead than Pregnant," 123-46; Lawrence, "The Indian Health Service."

7  May, 97.

8  Jane Lawrence, "The Indian Health Service and the Sterilization of Native American Women," American Indian Quarterly, 24(3), Summer 2000.

9  Smith,142; see also Lawrence.

10  May, 58.

11  Judy Yung, "Chinese American Women," in Wilma Mankiller et al., ed., The Reader's Companion to U.S. Women's History (Boston: Houghton Mifflin Co., 1998) 95-8; and Sonia Shah, "Introduction: Slaying the Dragon Lady: Toward an Asian American Feminism," in Sonia Shah, ed., Dragon Ladies: Asian American Feminists Breathe Fire (Boston: South End Press, 1997) xii-xxi. For contemporary perspective, consider the "reproductive freedom tour" organized by low-income Southeast Asian and Chinese girls in Oakland, California (Vanessa Daniel, "Reproductive Freedom Tour," Z Magazine, July/August 2001).

12  Sanford F.Schram, "Race and Welfare Reform Choices: A Cause for Concern," chapter 5 in From Poverty to Punishment: How Welfare Reform Punishes the Poor, ed. Gary Delgado and Rebecca Gordon (Oakland: Applied Research Center, 2002), 89-107.

13  Jodie Levin-Epstein, "Lifting the Lid off the Family Cap: States Revisit Problematic Policy for Welfare Mothers," CLASP Policy Brief No. 1, Childbearing and Reproductive Health Series (Washington, DC: Center for Law and Social Policy, 2003).

14  Patricia Allard, "Life Sentences: Denying Welfare Benefits to Women Convicted of Drug Offenses" (Washington, D.C.: The Sentencing Project, 2002).

15  This figure is based on the 23 states for which Allard could obtain data.

16  Ibid.

17  See PRA fact sheet on "How the Criminal Justice System is Anti-Women" at

18  Charles Murray, "The Coming White Underclass," Wall Street Journal, October 29, 1993.

19  Ferguson v. City of Charleston 121 S.Ct. 1281 (2001); Lynn Paltrow, "The War on Drugs and the War on Abortion: Some Initial Thoughts on the Connections, Intersections, and the Effects," Southern University Law Review, 28 (2001); Rachel Roth, "The Perils of Pregnancy," Feminist Legal Studies,10 (2002), 149-158.

20  See generally Lynn Paltrow, "Pregnant Drug Users, Fetal Persons, and the Threat to Roe v. Wade," Albany Law Review, 62 (1999); Dorothy Roberts, Killing the Black Body: Race, Reproduction, and the Meaning of Liberty (New York: Pantheon, 1997), 150-201; Rachel Roth, Making Women Pay: The Hidden Costs of Fetal Rights (Ithaca: Cornell University Press, 2000), 135-183.

21  Ellen Barry, "Women Prisoners and Health Care: Locked Up and Locked Out," in Man-Made Medicine: Women's Health, Public Policy, and Reform, ed. Kary Moss (Durham, N.C.: Duke University Press, 1996), ch. 11.

22  Andrew Gumbel, "America's New Family Values," The Independent UK, November 25 2003, (accessed October 28, 2004).

23  Project Prevention. No Date. "New Chapters," (accessed October 28, 2004).A complete list of cities is available on the Project Prevention website.

24  Project Prevention. No Date. "How we Help the Children," (accessed October 28, 2004).

25  Project Prevention. No Date. "Objectives," (accessed October 28, 2004).

26  Daniel Costello, "Is CRACK wack? ", April 8, 2003 (accessed September 10, 2004).

27  Judith M Scully "Cracking Open CRACK: Unethical Sterilization Movement Gains momentum," Different Takes, Spring 2000 (So. Amherst, Mass.: Population and Development Program at Hampshire College).

28  Project Prevention. "Statistics [as of October 7, 2004]." (accessed October 28, 2004).

29  Gumbel, "America's New Family Values."

30  Project Prevention. January 2004."Do's and Don'ts of Pamphleteering"

31  Project Prevention. No Date. "Frequently Asked Questions." (accessed October 28, 2004).

32  Gumbel, "America's New Family Values."

33  Jeff Stryker, "Cracking Down,", July 10,1998 (accessed September 10, 2004).

34  Barry Yeoman, "Surgical Strike: Is a Group that Pays Addicts to be Sterilized Defending Children or Exploiting the Vulnerable?" Mother Jones, November/December 2001 (accessed October 28, 2004).

35  Stryker, "Cracking Down."

36  Gumbel, "America's New Family Values."

37  Lynn Paltrow quoted in Gumbel.

38  Gumbel, "America's New Family Values."

39  Yeoman, "Surgical Strike.".

40  Stryker, "Cracking Down."

41  Margaret Sanger, "Birth Control and Racial Betterment" The Birth Control Review, (3)2, (1919): 11.

42  An advertisement in the Columbia Daily Spectator offered $50,000 to a woman with a height of at least five feet seven inches and SAT scores of at least 1300. (Quoted in Rebecca Mead, "Eggs for Sale," The New Yorker, August 9, 1999.

43  Quoted in "Mothers Paid to Stop Having Children," Marie Claire, December, 1998.

44  Katha Pollitt, " 'Fetal Rights': A New Assault on Feminism," The Nation, March 26, 1990, 410-11.

45  Jean Schroedel, Is the Fetus A Person?: A Comparison of Policies Across the Fifty States (Ithaca, N.Y.: Cornell University Press, 2000).

46  Mary Papenfuss, "Murder Most Foul: Medical Researchers Now Believe that Homicide, Not Medical Complications, Is the Leading Cause of Pregnancy-Associated Death,", February 27, 2003. (accessed October 28, 2004).

47  Lynn Rosenthal, Executive Director of The National Network to End Domestic Violence, letter to Congress, February 18, 2004; and Juley Fulcher, Public Policy Director, National Coalition Against Domestic Violence, testimony before Congress, July 8, 2003. (accessed October 28, 2004).

48  See National Right to Life Committee letter to Senators, February 1, 2004, at (accessed October 28, 2004).

49  Texas Lawyer, "Inadmissible," September 13, 2004; Jim McBride, "Woman Pleads Guilty to Delivery of Cocaine to Unborn Baby; Case May Set Landmark for Texas Law," Amarillo Globe-News, September 7, 2004.

50  Lynn Paltrow, "Policing Pregnancy,", available at (March 18, 2005).

51  Rachel Roth, Making Women Pay, 194.

52  Ibid., generally.

53  Ibid., chapter 2.

54  Katha Pollitt, "Pregnant and Dangerous," The Nation, April 26, 2004; Lynn Paltrow, "Coercive Medicine," TomPaine.commonsense, March 16, 2004, available at (March 18, 2005)


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