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Author: Geoffrey R. Stone
Publisher: Liveright Publishing
ISBN: 1631493655
Category : Law
Languages : en
Pages : 935
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Book Description
A New York Times Book Review Editors’ Choice Selection A “volume of lasting significance” that illuminates how the clash between sex and religion has defined our nation’s history (Lee C. Bollinger, president, Columbia University). Lauded for “bringing a bracing and much-needed dose of reality about the Founders’ views of sexuality” (New York Review of Books), Geoffrey R. Stone’s Sex and the Constitution traces the evolution of legal and moral codes that have legislated sexual behavior from America’s earliest days to today’s fractious political climate. This “fascinating and maddening” (Pittsburgh Post-Gazette) narrative shows how agitators, moralists, and, especially, the justices of the Supreme Court have navigated issues as divisive as abortion, homosexuality, pornography, and contraception. Overturning a raft of contemporary shibboleths, Stone reveals that at the time the Constitution was adopted there were no laws against obscenity or abortion before the midpoint of pregnancy. A pageant of historical characters, including Voltaire, Thomas Jefferson, Anthony Comstock, Margaret Sanger, and Justice Anthony Kennedy, enliven this “commanding synthesis of scholarship” (Publishers Weekly) that dramatically reveals how our laws about sex, religion, and morality reflect the cultural schisms that have cleaved our nation from its founding.
Author: Geoffrey R. Stone
Publisher: Liveright Publishing
ISBN: 1631493655
Category : Law
Languages : en
Pages : 935
Get Book Here
Book Description
A New York Times Book Review Editors’ Choice Selection A “volume of lasting significance” that illuminates how the clash between sex and religion has defined our nation’s history (Lee C. Bollinger, president, Columbia University). Lauded for “bringing a bracing and much-needed dose of reality about the Founders’ views of sexuality” (New York Review of Books), Geoffrey R. Stone’s Sex and the Constitution traces the evolution of legal and moral codes that have legislated sexual behavior from America’s earliest days to today’s fractious political climate. This “fascinating and maddening” (Pittsburgh Post-Gazette) narrative shows how agitators, moralists, and, especially, the justices of the Supreme Court have navigated issues as divisive as abortion, homosexuality, pornography, and contraception. Overturning a raft of contemporary shibboleths, Stone reveals that at the time the Constitution was adopted there were no laws against obscenity or abortion before the midpoint of pregnancy. A pageant of historical characters, including Voltaire, Thomas Jefferson, Anthony Comstock, Margaret Sanger, and Justice Anthony Kennedy, enliven this “commanding synthesis of scholarship” (Publishers Weekly) that dramatically reveals how our laws about sex, religion, and morality reflect the cultural schisms that have cleaved our nation from its founding.
Author: Leigh Ann Wheeler
Publisher: Oxford University Press
ISBN: 0190206527
Category : Health & Fitness
Languages : en
Pages : 342
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Book Description
How Sex Became a Civil Liberty shows how we came to see sexual expression, sexual practice, and sexual privacy as fundamental rights enshrined in the Constitution, thanks to the work of ACLU leaders and attorneys who forged legal principles that advanced the sexual revolution.
Author: Lee C. Bollinger
Publisher:
ISBN: 0190841370
Category : Law
Languages : en
Pages : 377
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Book Description
The Supreme Court's 1919 decision in Schenck vs. the United States is one of the most important free speech cases in American history. Written by Oliver Wendell Holmes, it is most famous for first invoking the phrase "clear and present danger." Although the decision upheld the conviction of an individual for criticizing the draft during World War I, it also laid the foundation for our nation's robust protection of free speech. Over time, the standard Holmes devised made freedom of speech in America a reality rather than merely an ideal. In The Free Speech Century, two of America's leading First Amendment scholars, Lee C. Bollinger and Geoffrey R. Stone, have gathered a group of the nation's leading constitutional scholars--Cass Sunstein, Lawrence Lessig, Laurence Tribe, Kathleen Sullivan, Catherine McKinnon, among others--to evaluate the evolution of free speech doctrine since Schenk and to assess where it might be headed in the future. Since 1919, First Amendment jurisprudence in America has been a signal development in the history of constitutional democracies--remarkable for its level of doctrinal refinement, remarkable for its lateness in coming (in relation to the adoption of the First Amendment), and remarkable for the scope of protection it has afforded since the 1960s. Over the course of The First Amendment Century, judicial engagement with these fundamental rights has grown exponentially. We now have an elaborate set of free speech laws and norms, but as Stone and Bollinger stress, the context is always shifting. New societal threats like terrorism, and new technologies of communication continually reshape our understanding of what speech should be allowed. Publishing on the one hundredth anniversary of the decision that laid the foundation for America's free speech tradition, The Free Speech Century will serve as an essential resource for anyone interested in how our understanding of the First Amendment transformed over time and why it is so critical both for the United States and for the world today.
Author: Goodwin Liu
Publisher: Oxford University Press
ISBN: 0199752834
Category : Law
Languages : en
Pages : 274
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Book Description
Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.
Author: Kathleen M. Sands
Publisher: Yale University Press
ISBN: 0300245378
Category : Religion
Languages : en
Pages : 347
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Book Description
How American conflicts about religion have always symbolized our foundational political values When Americans fight about “religion,” we are also fighting about our conflicting identities, interests, and commitments. Religion-talk has been a ready vehicle for these conflicts because it is built on enduring contradictions within our core political values. The Constitution treats religion as something to be confined behind a wall, but in public communications, the Framers treated religion as the foundation of the American republic. Ever since, Americans have translated disagreements on many other issues into an endless debate about the role of religion in our public life. Built around a set of compelling narratives—George Washington’s battle with Quaker pacifists; the fight of Mormons and Catholics for equality with Protestants; Teddy Roosevelt’s concept of land versus the Lakota’s concept; the creation-evolution controversy; and the struggle over sexuality—this book shows how religion, throughout American history, has symbolized, but never resolved, our deepest political questions.
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
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Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author: Betty Rizzo
Publisher: University of Georgia Press
ISBN: 0820332186
Category : History
Languages : en
Pages : 474
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Book Description
Companions Without Vows is the first detailed study of the companionate relationship among women in eighteenth-century England--a type of relationship so prevalent that it was nearly institutionalized. Drawing extensively upon primary documents and fictional narratives, Betty Rizzo describes the socioeconomic conditions that forced women to take on or to become companions and examines a number of actual companionate relationships. Several factors fostered such relationships. Husbands and wives of the period lived largely separate social lives, yet decorum prohibited genteel women from attending engagements unaccompanied. Also, women of position insisted on having social consultants and confidantes. Filling this need were the many well-born young women without sufficient funds to live independently. Because family money and property were concentrated in the hands of eldest sons, these women frequently had to seek the protection of female benefactors for whom they performed unpaid, nonmenial tasks, such as providing a hand at cards or simply offering pleasant company. The companionate relationship between women could assume many forms, Rizzo notes. It was often analogous to marriage, with one partner dominant and the other subservient, while some women experimented in establishing partnerships that were truly egalitarian. Rizzo explores these various types of relationships both in real life and in fiction, noting that much of the period's discourse about women's relationships can be seen as a tacit commentary on marriage. Provocative and engagingly written, this authoritative work casts new light on women's attempts to deal with a patriarchal power structure and offers new insight into eighteenth-century social history.
Author: Evan Gerstmann
Publisher: Cambridge University Press
ISBN: 9780521709132
Category : Political Science
Languages : en
Pages : 248
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Book Description
The revised and expanded second edition of Same-Sex Marriage and the Constitution makes the case that the Constitution has long protected the right to marry, and that this protection includes the right to marry a person of the same gender. No other book makes this argument. This book addresses other issues, such as why same-sex marriage is completely different, both practically and constitutionally, from polygamy and incest, and it debunks the myth that pro-same-sex marriage decisions have created a backlash against either gays and lesbians or the Democratic Party.
Author: Christopher Bram
Publisher: Graywolf Press
ISBN: 1555979394
Category : Literary Criticism
Languages : en
Pages : 175
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Book Description
One has to look no further than the audiences hungry for the narratives served up by Downton Abbey or Wolf Hall to know that the lure of the past is as seductive as ever. But incorporating historical events and figures into a shapely narrative is no simple task. The acclaimed novelist Christopher Bram examines how writers as disparate as Gabriel García Márquez, David McCullough, Toni Morrison, Leo Tolstoy, and many others have employed history in their work. Unique among the "Art Of" series, The Art of History engages with both fiction and narrative nonfiction to reveal varied strategies of incorporating and dramatizing historical detail. Bram challenges popular notions about historical narratives as he examines both successful and flawed passages to illustrate how authors from different genres treat subjects that loom large in American history, such as slavery and the Civil War. And he delves deep into the reasons why War and Peace endures as a classic of historical fiction. Bram's keen insight and close reading of a wide array of authors make The Art of History an essential volume for any lover of historical narrative.
Author: Sarah Barringer Gordon
Publisher: Univ of North Carolina Press
ISBN: 0807875260
Category : Religion
Languages : en
Pages : 354
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Book Description
From the Mormon Church's public announcement of its sanction of polygamy in 1852 until its formal decision to abandon the practice in 1890, people on both sides of the "Mormon question" debated central questions of constitutional law. Did principles of religious freedom and local self-government protect Mormons' claim to a distinct, religiously based legal order? Or was polygamy, as its opponents claimed, a new form of slavery--this time for white women in Utah? And did constitutional principles dictate that democracy and true liberty were founded on separation of church and state? As Sarah Barringer Gordon shows, the answers to these questions finally yielded an apparent victory for antipolygamists in the late nineteenth century, but only after decades of argument, litigation, and open conflict. Victory came at a price; as attention and national resources poured into Utah in the late 1870s and 1880s, antipolygamists turned more and more to coercion and punishment in the name of freedom. They also left a legacy in constitutional law and political theory that still governs our treatment of religious life: Americans are free to believe, but they may well not be free to act on their beliefs.
