Imbeciles

Imbeciles PDF Author: Adam Cohen
Publisher: Penguin
ISBN: 1101980834
Category : History
Languages : en
Pages : 418

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Book Description
Longlisted for the 2016 National Book Award for Nonfiction One of America’s great miscarriages of justice, the Supreme Court’s infamous 1927 Buck v. Bell ruling made government sterilization of “undesirable” citizens the law of the land In 1927, the Supreme Court handed down a ruling so disturbing, ignorant, and cruel that it stands as one of the great injustices in American history. In Imbeciles, bestselling author Adam Cohen exposes the court’s decision to allow the sterilization of a young woman it wrongly thought to be “feebleminded” and to champion the mass eugenic sterilization of undesirable citizens for the greater good of the country. The 8–1 ruling was signed by some of the most revered figures in American law—including Chief Justice William Howard Taft, a former U.S. president; and Louis Brandeis, a progressive icon. Oliver Wendell Holmes, considered by many the greatest Supreme Court justice in history, wrote the majority opinion, including the court’s famous declaration “Three generations of imbeciles are enough.” Imbeciles is the shocking story of Buck v. Bell, a legal case that challenges our faith in American justice. A gripping courtroom drama, it pits a helpless young woman against powerful scientists, lawyers, and judges who believed that eugenic measures were necessary to save the nation from being “swamped with incompetence.” At the center was Carrie Buck, who was born into a poor family in Charlottesville, Virginia, and taken in by a foster family, until she became pregnant out of wedlock. She was then declared “feebleminded” and shipped off to the Colony for Epileptics and Feeble-Minded. Buck v. Bell unfolded against the backdrop of a nation in the thrall of eugenics, which many Americans thought would uplift the human race. Congress embraced this fervor, enacting the first laws designed to prevent immigration by Italians, Jews, and other groups charged with being genetically inferior. Cohen shows how Buck arrived at the colony at just the wrong time, when influential scientists and politicians were looking for a “test case” to determine whether Virginia’s new eugenic sterilization law could withstand a legal challenge. A cabal of powerful men lined up against her, and no one stood up for her—not even her lawyer, who, it is now clear, was in collusion with the men who wanted her sterilized. In the end, Buck’s case was heard by the Supreme Court, the institution established by the founders to ensure that justice would prevail. The court could have seen through the false claim that Buck was a threat to the gene pool, or it could have found that forced sterilization was a violation of her rights. Instead, Holmes, a scion of several prominent Boston Brahmin families, who was raised to believe in the superiority of his own bloodlines, wrote a vicious, haunting decision upholding Buck’s sterilization and imploring the nation to sterilize many more. Holmes got his wish, and before the madness ended some sixty to seventy thousand Americans were sterilized. Cohen overturns cherished myths and demolishes lauded figures in relentless pursuit of the truth. With the intellectual force of a legal brief and the passion of a front-page exposé, Imbeciles is an ardent indictment of our champions of justice and our optimistic faith in progress, as well as a triumph of American legal and social history.

Imbeciles

Imbeciles PDF Author: Adam Cohen
Publisher: Penguin
ISBN: 1101980834
Category : History
Languages : en
Pages : 418

Get Book Here

Book Description
Longlisted for the 2016 National Book Award for Nonfiction One of America’s great miscarriages of justice, the Supreme Court’s infamous 1927 Buck v. Bell ruling made government sterilization of “undesirable” citizens the law of the land In 1927, the Supreme Court handed down a ruling so disturbing, ignorant, and cruel that it stands as one of the great injustices in American history. In Imbeciles, bestselling author Adam Cohen exposes the court’s decision to allow the sterilization of a young woman it wrongly thought to be “feebleminded” and to champion the mass eugenic sterilization of undesirable citizens for the greater good of the country. The 8–1 ruling was signed by some of the most revered figures in American law—including Chief Justice William Howard Taft, a former U.S. president; and Louis Brandeis, a progressive icon. Oliver Wendell Holmes, considered by many the greatest Supreme Court justice in history, wrote the majority opinion, including the court’s famous declaration “Three generations of imbeciles are enough.” Imbeciles is the shocking story of Buck v. Bell, a legal case that challenges our faith in American justice. A gripping courtroom drama, it pits a helpless young woman against powerful scientists, lawyers, and judges who believed that eugenic measures were necessary to save the nation from being “swamped with incompetence.” At the center was Carrie Buck, who was born into a poor family in Charlottesville, Virginia, and taken in by a foster family, until she became pregnant out of wedlock. She was then declared “feebleminded” and shipped off to the Colony for Epileptics and Feeble-Minded. Buck v. Bell unfolded against the backdrop of a nation in the thrall of eugenics, which many Americans thought would uplift the human race. Congress embraced this fervor, enacting the first laws designed to prevent immigration by Italians, Jews, and other groups charged with being genetically inferior. Cohen shows how Buck arrived at the colony at just the wrong time, when influential scientists and politicians were looking for a “test case” to determine whether Virginia’s new eugenic sterilization law could withstand a legal challenge. A cabal of powerful men lined up against her, and no one stood up for her—not even her lawyer, who, it is now clear, was in collusion with the men who wanted her sterilized. In the end, Buck’s case was heard by the Supreme Court, the institution established by the founders to ensure that justice would prevail. The court could have seen through the false claim that Buck was a threat to the gene pool, or it could have found that forced sterilization was a violation of her rights. Instead, Holmes, a scion of several prominent Boston Brahmin families, who was raised to believe in the superiority of his own bloodlines, wrote a vicious, haunting decision upholding Buck’s sterilization and imploring the nation to sterilize many more. Holmes got his wish, and before the madness ended some sixty to seventy thousand Americans were sterilized. Cohen overturns cherished myths and demolishes lauded figures in relentless pursuit of the truth. With the intellectual force of a legal brief and the passion of a front-page exposé, Imbeciles is an ardent indictment of our champions of justice and our optimistic faith in progress, as well as a triumph of American legal and social history.

United States of America V. Bell

United States of America V. Bell PDF Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 18

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Book Description


In Hitler's Shadow

In Hitler's Shadow PDF Author: Leland V. Bell
Publisher:
ISBN:
Category : Fascism
Languages : en
Pages : 0

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Book Description


And We Are Not Saved

And We Are Not Saved PDF Author: Derek Bell
Publisher:
ISBN: 078672269X
Category : Social Science
Languages : en
Pages : 315

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Book Description
A distinguished legal scholar and civil rights activist employs a series of dramatic fables and dialogues to probe the foundations of America’s racial attitudes and raise disturbing questions about the nature of our society.

Silent Covenants

Silent Covenants PDF Author: Derrick Bell
Publisher: Oxford University Press
ISBN: 0198038550
Category : History
Languages : en
Pages : 241

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Book Description
When the landmark Supreme Court case of Brown vs. Board of Education was handed down in 1954, many civil rights advocates believed that the decision, which declared public school segregation unconstitutional, would become the Holy Grail of racial justice. Fifty years later, despite its legal irrelevance and the racially separate and educationally ineffective state of public schooling for most black children, Brown is still viewed by many as the perfect precedent. Here, Derrick Bell shatters the shining image of this celebrated ruling. He notes that, despite the onerous burdens of segregation, many black schools functioned well and racial bigotry had not rendered blacks a damaged race. He maintains that, given what we now know about the pervasive nature of racism, the Court should have determined instead to rigorously enforce the "equal" component of the "separate but equal" standard. Racial policy, Bell maintains, is made through silent covenants--unspoken convergences of interest and involuntary sacrifices of rights--that ensure that policies conform to priorities set by policy-makers. Blacks and whites are the fortuitous winners or losers in these unspoken agreements. The experience with Brown, Bell urges, should teach us that meaningful progress in the quest for racial justice requires more than the assertion of harms. Strategies must recognize and utilize the interest-convergence factors that strongly influence racial policy decisions. In Silent Covenants, Bell condenses more than four decades of thought and action into a powerful and eye-opening book.

Criminal Law

Criminal Law PDF Author: Wayne R. LaFave
Publisher: West Publishing Company
ISBN:
Category : Law
Languages : en
Pages : 1100

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Book Description
This book is an updated abridgement of LaFave and Scott's two volume, Substantive criminal law, in West's criminal practice series.

The Court and the World

The Court and the World PDF Author: Stephen Breyer
Publisher: Vintage
ISBN: 1101912073
Category : Law
Languages : en
Pages : 402

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Book Description
In this original, far-reaching, and timely book, Justice Stephen Breyer examines the work of the Supreme Court of the United States in an increasingly interconnected world, a world in which all sorts of activity, both public and private—from the conduct of national security policy to the conduct of international trade—obliges the Court to understand and consider circumstances beyond America’s borders. Written with unique authority and perspective, The Court and the World reveals an emergent reality few Americans observe directly but one that affects the life of every one of us. Here is an invaluable understanding for lawyers and non-lawyers alike.

Deadly Medicine

Deadly Medicine PDF Author: Susan D. Bachrach
Publisher:
ISBN:
Category : History
Languages : en
Pages : 244

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Book Description
A catalog to accompany an exhibit at the United States Holocaust Memorial Museum on the subject of the Nazi eugenics program.

Eugenical Sterilization in the United States

Eugenical Sterilization in the United States PDF Author: Harry Hamilton Laughlin
Publisher:
ISBN:
Category : Eugenics
Languages : en
Pages : 542

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Book Description


51 Imperfect Solutions

51 Imperfect Solutions PDF Author: Judge Jeffrey S. Sutton
Publisher: Oxford University Press
ISBN: 0190866063
Category : Law
Languages : en
Pages : 297

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Book Description
When we think of constitutional law, we invariably think of the United States Supreme Court and the federal court system. Yet much of our constitutional law is not made at the federal level. In 51 Imperfect Solutions, U.S. Court of Appeals Judge Jeffrey S. Sutton argues that American Constitutional Law should account for the role of the state courts and state constitutions, together with the federal courts and the federal constitution, in protecting individual liberties. The book tells four stories that arise in four different areas of constitutional law: equal protection; criminal procedure; privacy; and free speech and free exercise of religion. Traditional accounts of these bedrock debates about the relationship of the individual to the state focus on decisions of the United States Supreme Court. But these explanations tell just part of the story. The book corrects this omission by looking at each issue-and some others as well-through the lens of many constitutions, not one constitution; of many courts, not one court; and of all American judges, not federal or state judges. Taken together, the stories reveal a remarkably complex, nuanced, ever-changing federalist system, one that ought to make lawyers and litigants pause before reflexively assuming that the United States Supreme Court alone has all of the answers to the most vexing constitutional questions. If there is a central conviction of the book, it's that an underappreciation of state constitutional law has hurt state and federal law and has undermined the appropriate balance between state and federal courts in protecting individual liberty. In trying to correct this imbalance, the book also offers several ideas for reform.