The sodomy cases

Bowers v. Hardwick and Lawrence v. Texas

Author: David A. J. Richards

Publisher: Univ Pr of Kansas

ISBN: N.A

Category: Law

Page: 214

View: 2965

For America's gay community, the question of rights is often reduced to the issue of privacy. Until very recently, even though this right has been upheld by the Supreme Court in landmark cases relating to contraception and abortion, the issue of "nonprocreational sex" continued to trigger a double standard for gay men. Now David Richards, a leading legal scholar who is himself gay, shows how two other landmark cases nearly twenty years apart shed light on America's evolving views of privacy. The Supreme Court's decision in Bowers v. Hardwick (1986) stemmed from a 1982 gay-sex arrest in an Atlanta home under a Georgia law that criminalized sodomy--a case not originally prosecuted, but then pursued in court to challenge the statute's constitutionality. Lawrence v. Texas (2003) followed a similar arrest in 1998 in Houston, where Texas law also criminalized sodomy--but only when practiced by members of the same sex. Richards views these cases as the nadir and apogee of the gay community's efforts to fight discrimination through the courts. In Bowers, the Supreme Court ruled that there was no constitutional protection for sodomy and that states could outlaw those practices. But in Lawrence, the Court overturned the Texas law--and the Bowers decision as well--because it denied due process protection to consenting adults whose sexual practices were conducted in private. Justice Kennedy's majority opinion reaffirmed a constitutionally protected right to privacy that prevented the government from regulating intimate behavior. Tracing the Court's deliberations, Richards shows how Lawrence unambiguously establishes that the right to a private life is an innately human right and that ourconstitutional right to privacy rests on the moral bedrock of equal protection. He shifts gracefully from the law to literature, and from the Courts to the wider culture, to offer a brilliant analysis of the relevant arguments, going beneath their surface to link them to the emotional and moral foundations of the controversies raging around these decisions. Both of these cases show a Supreme Court ready to take seriously the idea that homosexuals have human rights--and that these rights are the basis of judicially enforceable constitutional rights. In describing these challenges to public prejudice, Richards's book offers students and general readers new insight into the practice and theory of constitutional law.
Posted in Law

The American Supreme Court, Sixth Edition

Author: Robert G. McCloskey,Sanford Levinson

Publisher: University of Chicago Press

ISBN: 022629692X

Category: History

Page: 448

View: 2501

For more than fifty years, Robert G. McCloskey’s classic work on the Supreme Court’s role in constructing the US Constitution has introduced generations of students to the workings of our nation’s highest court. As in prior editions, McCloskey’s original text remains unchanged. In his historical interpretation, he argues that the strength of the Court has always been its sensitivity to the changing political scene, as well as its reluctance to stray too far from the main currents of public sentiment. In this new edition, Sanford Levinson extends McCloskey’s magisterial treatment to address developments since the 2010 election, including the Supreme Court’s decisions regarding the Defense of Marriage Act, the Affordable Care Act, and gay marriage. The best and most concise account of the Supreme Court and its place in American politics, McCloskey's wonderfully readable book is an essential guide to the past, present, and future prospects of this institution.
Posted in History

Landmark Supreme Court Cases

The Most Influential Decisions of the Supreme Court of the United States

Author: Gary R. Hartman,Roy M. Mersky,Cindy L. Tate

Publisher: Infobase Publishing

ISBN: 1438110367

Category: Law

Page: 609

View: 8942

Through its interpretations of the Constitution and Bill of Rights
Posted in Law

Criminal Justice in Action

Author: Larry Gaines,Roger Miller

Publisher: Cengage Learning

ISBN: 0495093424

Category: Social Science

Page: 672

View: 4924

Vivid, visual, current, and featuring the newest CJ careers--every chapter of this text is a multimedia-linked study center! This best-selling text offers students a clear and practical overview of the criminal justice system by combining cutting-edge research with accessible discussions of theory and up-to-the-minute examples of policy and application from today’s news. Gaines and Miller take an applied approach that is visible in their coverage of contemporary topics, such as cyber crime and terrorism, their concentration on careers, and their expansive integration of technology. Also, Criminal Justice in Action can be packaged with interactive learning aids such as the new Criminal JusticeNowTM--a Web-based, intelligent study system and JoinInTM content for Response Systems tailored to the text. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.
Posted in Social Science

Criminology , An Interdisciplinary Approach

Author: CTI Reviews

Publisher: Cram101 Textbook Reviews

ISBN: 1478460687

Category: Education

Page: 57

View: 9381

Facts101 is your complete guide to Criminology , An Interdisciplinary Approach. In this book, you will learn topics such as as those in your book plus much more. With key features such as key terms, people and places, Facts101 gives you all the information you need to prepare for your next exam. Our practice tests are specific to the textbook and we have designed tools to make the most of your limited study time.
Posted in Education

Gibbons v. Ogden

John Marshall, steamboats, and the commerce clause

Author: Herbert Alan Johnson

Publisher: Univ Pr of Kansas

ISBN: N.A

Category: Biography & Autobiography

Page: 198

View: 7172

Posted in Biography & Autobiography

e-Study Guide for: Crime and Justice in America: An Introduction to Criminal Justice by Joycelyn M. Pollock, ISBN 9781593453336

Author: Cram101 Textbook Reviews

Publisher: Cram101 Textbook Reviews

ISBN: 1478434562

Category: Education

Page: 67

View: 2027

Never Highlight a Book Again! Just the FACTS101 study guides give the student the textbook outlines, highlights, practice quizzes and optional access to the full practice tests for their textbook.
Posted in Education

Roe v. Wade

the abortion rights controversy in American history

Author: N. E. H. Hull,Peter Charles Hoffer

Publisher: Univ Pr of Kansas

ISBN: N.A

Category: History

Page: 370

View: 5160

Posted in History

Capital punishment on trial

Furman v. Georgia and the death penalty in modern America

Author: David M. Oshinsky

Publisher: Univ Pr of Kansas

ISBN: N.A

Category: History

Page: 144

View: 2913

In his first book since the Pulitzer Prize--winning Polio: An American Story, renowned historian David Oshinsky takes a new and closer look at the Supreme Court's controversial and much-debated stances on capital punishment--in the landmark case of Furman v. Georgia. Career criminal William Furman shot and killed a homeowner during a 1967 burglary in Savannah, Georgia. Because it was a "black-on-white" crime in the racially troubled South, it also was an open-and-shut case. The trial took less than a day, and the nearly all-white jury rendered a death sentence. Aided by the NAACP's Legal Defense Fund, Furman's African-American attorney, Bobby Mayfield, doggedly appealed the verdict all the way to the U.S. Supreme Court, which in 1972 overturned Furman's sentence by a narrow 5--4 vote, ruling that Georgia's capital punishment statute, and by implication all other state death-penalty laws, was so arbitrary and capricious as to violate the Eighth Amendment's prohibition against "cruel and unusual punishment." Furman effectively, if temporarily, halted capital punishment in the United States. Every death row inmate across the nation was resentenced to life in prison. The decision, however, did not rule the death penalty per se to be unconstitutional; rather, it struck down the laws that currently governed its application, leaving the states free to devise new ones that the Court might find acceptable. And this is exactly what happened. In the coming years, the Supreme Court would uphold an avalanche of state legislation endorsing the death penalty. Capital punishment would return stronger than ever, with many more defendants sentenced to death and eventually executed. Oshinsky demonstrates the troubling roles played by race and class and region in capital punishment. And he concludes by considering the most recent Supreme Court death-penalty cases involving minors and the mentally ill, as well as the impact of international opinion. Compact and engaging, Oshinsky's masterful study reflects a gift for empathy, an eye for the telling anecdote and portrait, and a talent for clarifying the complex and often confusing legal issues surrounding capital punishment.
Posted in History

Fugitive slave on trial

the Anthony Burns case and abolitionist outrage

Author: Earl M. Maltz

Publisher: Univ Pr of Kansas

ISBN: N.A

Category: History

Page: 174

View: 3077

Posted in History

Common law

Author: Oliver Wendell Holmes

Publisher: N.A

ISBN: 9783428121519

Category: Common law

Page: 423

View: 9444

Posted in Common law

The British National Bibliography

Author: Arthur James Wells

Publisher: N.A

ISBN: N.A

Category: English literature

Page: N.A

View: 9364

Posted in English literature

Symposium

the Maryland constitutional law schmooze

Author: University of Maryland at Baltimore. School of Law

Publisher: N.A

ISBN: N.A

Category: Law

Page: 294

View: 3962

Posted in Law

Die Sexualität des Menschen

Handbuch und Atlas

Author: Erwin J. Haeberle

Publisher: Walter de Gruyter

ISBN: 3111464431

Category: Medical

Page: 571

View: 7510

Posted in Medical

Ethics

Author: John K. Roth

Publisher: Salem Pr Inc

ISBN: N.A

Category: Philosophy

Page: 590

View: 8839

Applied ethics is the main focus of this revised edition, with a particular emphasis on current ethics issues. Includes religious issues, business and labor ethics, political and economic issues, personal and social ethics issues, and bioethics.
Posted in Philosophy

American Government

Continuity and Change, 2004 Texas Edition, Election Update

Author: Karen O'Connor,Larry J. Sabato,Stefan Haag,Gary Keith

Publisher: Longman Publishing Group

ISBN: 9780321298584

Category: Political Science

Page: 1168

View: 9909

With complete updated coverage of the 2004 elections, this Texas Edition of the election update of the number one book in American government continues to provide the most current and engaging introduction available for the course. Written in the belief that we must first understand how American government and politics have developed in order to fully understand the issues facing our nation today, O'Connor and Sabato offer a historical perspective and bring the story of our system right up to the present with an abundance of current and student-relevant examples.
Posted in Political Science

The encyclopedia of civil liberties in America

Author: David Andrew Schultz,John R. Vile

Publisher: N.A

ISBN: 9780765680631

Category: Political Science

Page: N.A

View: 3996

Posted in Political Science

LGBTQ America Today

An Encyclopedia

Author: John C Hawley

Publisher: Heinemann Educational Books

ISBN: 9780313339905

Category: Social Science

Page: 1436

View: 2441

Hundreds of alphabetically arranged biographical and topical entries survey the current state of lesbian, gay, bisexual, transgender, and queer American culture.
Posted in Social Science