Agenda

Symposium 2013

SPEECH, SYMBOLS, AND SUBSTANTIAL OBSTACLES: THE DOING AND “UNDUE”ING OF ABORTION LAW SINCE CASEY

Agenda

Registration & Breakfast
7:30am - 8:30 am

Welcome
8:30am - 9:00am
Welcome Address: Acting Dean Gillian Lester, Berkeley Law


Opening Remarks
9:00am - 9:30am
Opening Remarks: Kristin Luker & Jill E. Adams, Center on Reproductive Rights and Justice at Berkeley Law

Panel 1 – Abortion Narratives:  Women as Agents, Victims, Heroes, and Harlots
9:30am - 11:00am

This panel will investigate the constitutive power of abortion law. It will look at how the law has shaped our understanding of abortion and the women who seek abortion care. What are the stories we tell ourselves – and the law tells us – about women who seek abortions? This panel will address the symbolic impact of abortion laws and other less tangible impacts of the current regime, including stigma. It will question whether the stories on which current laws and thinking are based are accurate. It will investigate the stories we tell as advocates for abortion rights, asking whether, when, and how the narratives constructed support a robust vision for reproductive rights and law.

Moderator: Sara Dubow, Williams College

Panelists:

  • Kim Shayo Buchanan, USC Gould School of Law
  • Alyssa Wulf, Real Reason
  • Nancy Ehrenreich, University of Denver Sturm College of Law
  • Sujatha Jesudason, CoreAlign
Discussant:
  • Kimberly M. Mutcherson, Rutgers School of Law - Camden

Break 11:00am - 11:15am

Panel 2 – Abortion Speech:  Legal Standards in Reproductive Health Care
11:15am - 12:45pm
This panel will investigate the legal role of speech in abortion care, inquiring into the proper relationship, if any, between First Amendment law and the undue burden standard in this context. Notice will be taken of recent Circuit Court opinions in Rounds and Lakey, which have further confused the state of the law and seemingly conflated abortion due process rights with First Amendment standards. This panel will look at the normative assumptions underlying the creation and judicial review of recent state abortion laws, including ultrasound mandates and physician speech requirements. Panelists will engage one another with an eye toward articulating a better understanding of how speech rights could and should operate in abortion provision.

Moderator: Pamela S. Karlan, Stanford LawPanelists:

  • Jesse H. Choper, Berkeley Law
  • Ashutosh Bhagwat, UC Davis School of Law
  • Caroline Mala Corbin, University of Miami School of Law
  • Brigitte Amiri, ACLU Reproductive Freedom Project
  • Stephanie Toti, Center for Reproductive Rights

Discussant:

  • Beth Parker, Planned Parenthood Affiliates of California

Lunch Service 12:45pm - 1:15pm

Lunch Roundtable – Abortion Scholarship: An Interdisciplinary Conversation
1:15pm - 2:45pm
Leaders from a range of disciplines will discuss the state of abortion research and identify gaps and opportunities. What research is needed and what questions are pressing for a more robust scholarly agenda? What are the opportunities for interdisciplinary work?

Moderator: Nancy Northup, Center for Reproductive Rights

Panelists:

  • Dan Grossman, Ibis Reproductive Health
  • Carole Joffe, Bixby Center for Global Reproductive Health, UCSF
  • Pamela S. Karlan, Stanford Law
  • Melissa E. Murray, Berkeley Law
  • Rickie Solinger, Historian & Curator

Discussant:

  • Allison Lauterbach, J.D. Candidate, Berkeley Law; Ph.D. Candidate, Department of History, University of Southern California

Break 2:45pm - 3:00pm

Panel 3 – Abortion Law:  What to do with the Undue Burden Standard
3:00pm - 4:30pm
This panel seeks to imagine a more robust undue burden standard. How can we construct a standard that takes into account a greater range of harms, including non-materialistic impacts such as symbolic harms, psychological harms, and stigma? How can the standard better acknowledge the lived experiences of women and the cumulative impacts that restrictive abortion laws have on their lives? How can burdens and obstacles be better understood?

Moderator: Caitlin Borgmann, CUNY Law School

Panelists:

  • Tracy Weitz, University of California, San Francisco
  • Neil S. Siegel, Duke Law School
  • Khiara M. Bridges, Boston University School of Law
  • Gillian E. Metzger, Columbia Law School

Discussant:

  • Radhika Rao, University of California Hastings College of the Law

Closing Remarks
4:30pm - 5:00pm

Remarks: Diana Hortsch, Center for Reproductive Rights

Reception to follow
Earl Warren Room