The Supreme Court in the Intimate Lives of Americans: Birth, Sex, Marriage, Childrearing, and Death

Portada
NYU Press, 2002 M08 1 - 279 páginas

Choice Outstanding Academic Title 2003
Personal rights, such as the right to procreate—or not—and the right to die generate endless debate. This book maps out the legal, political, and ethical issues swirling around personal rights. Howard Ball shows how the Supreme Court has grappled with the right to reproduce and to abort, and takes on the issue of auto-euthanasia and assisted suicide, from Karen Ann Quinlan through Kevorkian and just recently to the Florida case of the woman who was paralyzed by a gunshot from her mother and who had the plug pulled on herself.
For the last half of the twentieth century, the justices of the Supreme Court have had to wrestle with new and difficult life and death questions for them as well as for doctors and their patients, medical ethicists, sociologists, medical practitioners, clergy, philosophers, law makers, and judges. The Supreme Court in the Intimate Lives of Americans offers a look at these issues as they emerged and examines the manner in which the men and women of the U.S. Supreme Court addressed them.

 

Contenido

Introduction
1
The Balancing Process
7
I I Am Not Talking Very Much Like a Lawyer
8
II The US Supreme Court and Fundamental Rights
13
III The Liberty and Rights Protected by the DueProcess Clause
15
US v Carolene Products 1938 Footnote 4
19
IV Is There a Protected Liberty Interest for PersonsHaving Intimate Homosexual Relations?
22
Bowers v Hardwick 1986
24
Abortion as a Personal Right
93
Roe v Wade 1972
95
III After Roe What Are the Limits of State Actions ThatRegulate the Abortion Procedure?
101
IV After RoeWhat Are a Husbands Rights?
108
Planned Parenthood of SoutheasternPennsylvania v Casey 1992
110
V When a Minor Daughter Wants to TerminateHer Pregnancy
111
The Partial BirthAbortionControversy
114
Stenberg v Carhart 1999
117

Roy Romer Governor v Richard Evanset al 1996
26
V The Limits of Sexual Privacy
29
VI Summing Up
30
2 Marriage and Marital Privacy
31
I I Should Like to Suggest a Substantial Change forYour Consideration
32
II Heterosexual Marriage
35
Skinner v Oklahoma 1942
42
III Molecular Changes in the Definition and Reality ofthe Traditional Marital Relationship
44
Griswold v Connecticut 1965
46
IV The Dilemma of Intimate Violence andCongressional Passage of the Violence AgainstWomen Act VAWA 1994
49
Joshua DeShaney a minor by hisguardian ad litem et al v Winnebago CountyWisconsin Department of Social Services et al 1988
50
US v Morrison 1999
56
V SameSex Marriage
60
Stan Baker et al v State of Vermontet al 1999
61
VI Congressional Passage of the Defense of Marriage ActDOMA 1996
63
Nina Baehr v Miike 1996 1999
64
VII Summing Up
67
3 The Rhapsody of the Unitary Family
68
I Something Smells about This Case
70
II Who Is Family?
73
Village of Belle Terre v Bruce Boraas 1974
75
III Family Privacy versus State Interests
77
Reynolds v US 1878
78
Michael H v Gerald D 1989
79
IV Family Privacy Rights versus Personal Autonomy andOther Constitutional Rights
83
Eisenstadt v Baird 1971
87
V Summing Up
89
4 Motherhood or Not That Is Her Decision
90
I I Will Be Goddamned
91
VII Summing Up
120
Father Knows Best?
122
I This Is Really a Ridiculous Case to Be AbsorbingOur Time
123
II Raising and Educating Children
127
Wisconsin v Yoder 1972
132
III The Mental and Physical Health and Welfare ofthe Child
139
Parham v JR 1979
146
Ingraham v Wright 1977
153
Visiting the Grandparents
160
Troxel v Granville 2000
162
V Summing Up
166
Death in the Family
168
I This Case Should Never Have Been Started
170
Passive Euthanasia
175
Cruzan DirectorMissouri Departmentof Health 1990
177
Active Euthanasia
181
Washington State v Glucksberg 1977Vacco v Quill 1997
186
IV Summing Up
198
7 Family and Personal Privacy in theTwentyFirst Century
199
I She Kept Screaming
200
II Is the Home Still a Castle?
203
Kyello v US 2000
204
III The Medical Necessity Exception and FederalAntiMarijuanaUse Law
208
Notes
219
Bibliography
251
Index
259
About the Author
265
Derechos de autor

Otras ediciones - Ver todas

The Supreme Court in the Intimate Lives of Americans: Birth, Sex, Marriage ...
Howard Ball
Vista previa limitada - 2004
The Supreme Court in the Intimate Lives of Americans: Birth, Sex, Marriage ...
Howard Ball
Vista previa limitada - 2002
The Supreme Court in the Intimate Lives of Americans: Birth, Sex, Marriage ...
Howard Ball
Sin vista previa disponible - 2004

Términos y frases comunes

abortion abuse action affirm Amendment’s Due Process American appealed argued certiorari child civil concluded Congress constitutionally Court decision Court majority criminal Cruzan death dissent district court doctors Douglas draft Due Process Clause Eighth Amendment Equal Protection Clause family privacy father federal court Fourteenth Amendment fundamental right grant certiorari Griswold Harry Blackmun homosexual husband intimate involving issue judge judgment judicial jurists Justice Blackmun Justice Brennan Justice O’Connor Justice Powell Justice Rehnquist Justice White Kennedy law clerk Law Review lawyer legislation liberty interest majority opinion marijuana marital married Marshall Memo Nancy Cruzan one’s oral argument overturn parents patient person physician-assisted suicide Powell’s procedure prohibited punishment question Quinlan Quoted relationship right of privacy Roe v Wade same-sex marriage sexual Souter state’s statute Stewart terminally ill tion traditional U.S. Constitution U.S. Supreme Court views violated violence vote WJBP woman woman’s right women wrote York

Pasajes populares

Página 21 - It should be noted, to begin with, that all legal restrictions which curtail the civil rights of a single racial group are immediately suspect. That is not to say that all such restrictions are unconstitutional. It is to say that courts must subject them to the most rigid scrutiny.‎
Aparece en 250 libros desde 1912-2008
Página 17 - Without doubt, it denotes not merely freedom from bodily restraint, but also the right of the individual to contract, to engage in any of the common occupations of life, to acquire useful knowledge, to marry, establish a home and bring up children, to worship God according to the dictates of his own conscience, and, generally, to enjoy those privileges long recognized at common law as essential to the orderly pursuit of happiness by free men.‎
Aparece en 493 libros desde 1798-2008

Referencias a este libro

Acerca del autor (2002)

Howard Ball is Emeritus Professor of Political Science and University Scholar at the University of Vermont and Adjunct Professor of Law at Vermont Law School.

Información bibliográfica

TítuloThe Supreme Court in the Intimate Lives of Americans: Birth, Sex, Marriage, Childrearing, and Death
AutorHoward Ball
Edicióníntegra
EditorNYU Press, 2002
ISBN0814709087, 9780814709085
Largo279 páginas
  
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