Privacy Rights: cases lost and causes won before the Supreme Court by Alice Fleetwood BarteePrivacy Rights: Cases Lost and Causes Won Before the Supreme Court is a unique and timely study of the judicial process as it confronts four privacy issues: birth control, gay rights, abortion, and the right to die. The moral questions surrounding these subjects create intense and enduring debates about the scope and limits of the right to privacy. In four historic cases the right to privacy was struck down by the Supreme Court; in four later cases these rulings were overturned. Why? This book explains the original failure by analyzing attorneys' mistakes, miscommunication in the judicial conference, attitudes and policy predilections of the justices, and the negative attitudes of state officials and interest groups. The ultimate win for privacy rights is an exciting story involving well-known cases like Lawrence v. Texas, Planned Parenthood v. Casey, Griswold v. Connecticut, and the case of Terri Schiavo. Through the personal and legal details of these dramatic stories, the debate on privacy rights comes alive.
The Bill of Rights, the Courts, and the Law : the landmark cases that have shaped American society, with essays and case commentary by David Bearinger (Editor); Andrew Higgins WyndhamThe Bill of Rights, perhaps the single most important document in American history, has provided a strong and remarkably durable framework in which the limits of government, the scope of individual liberty, and the nature of our democratic system have been defined for more than two hundred years. In the past several decades in particular, the American Bill of Rights has been subject to virtually continual reinterpretation by the U.S. Supreme Court through a series of landmark cases, while its provisions also have exerted a powerful influence over the movement toward democracy and freedom worldwide. This third edition of The Bill of Rights, the Courts, and the Law serves to increase public understanding of the Bill of Rights and the American judicial process by presenting select cases and their underlying issues fairly. It allows readers to examine the various legal arguments with the help of expert commentary, offering the best, most accessible introduction to the Bill of Rights available to a nonscholarly audience. Contributors . Lynda Butler, College of William and Mary Marshall-Wythe School of Law . A. E. Dick Howard, University of Virginia School of Law . Robert M. O'Neil, University of Virginia School of Law and Thomas Jefferson Center for the Protection of Free Expression . Barbara Perry, Sweet Briar College Department of Government and International Affairs . Rodney A. Smolla, University of Richmond T. C. Williams School of Law . Melvin Urofsky, Virginia Commonwealth University Doctoral Program in Public Policy Distributed for the Virginia Foundation for the Humanities and Public Policy
Call Number: KF4748 .B553 1999
Publication Date: 2003
From Jim Crow to Civil Rights: the Supreme Court and the struggle for racial equality by Michael J. KlarmanA monumental investigation of the Supreme Court's rulings on race, From Jim Crow To Civil Rights spells out in compelling detail the political and social context within which the Supreme Court Justices operate and the consequences of their decisions for American race relations. In a highlyprovocative interpretation of the decision's connection to the civil rights movement, Klarman argues that Brown was more important for mobilizing southern white opposition to racial change than for encouraging direct-action protest. Brown unquestioningly had a significant impact--it brought raceissues to public attention and it mobilized supporters of the ruling. It also, however, energized the opposition. In this authoritative account of constitutional law concerning race, Michael Klarman details, in the richest and most thorough discussion to date, how and whether Supreme Court decisionsdo, in fact, matter.
Call Number: KF4757 .K58 2004
Publication Date: 2004
Prigg V. Pennsylvania by H. Robert BakerMargaret Morgan was born in freedom's shadow. Her parents were slaves of John Ashmore, a prosperous Maryland mill owner who freed many of his slaves in the last years of his life. Ashmore never laid claim to Margaret, who eventually married a free black man and moved to Pennsylvania. Then, John Ashmore's widow sent Edward Prigg to Pennsylvania to claim Margaret as a runaway. Prigg seized Margaret and her children--one of them born in Pennsylvania--and forcibly removed them to Maryland in violation of Pennsylvania law. In the ensuing uproar, Prigg was indicted for kidnapping under Pennsylvania's personal liberty law. Maryland, however, blocked his extradition, setting the stage for a remarkable Supreme Court case in 1842. In Prigg v. Pennsylvania, the Supreme Court considered more than just the fate of a single slavecatcher. The Court's majority struck down the free states' personal liberty laws and reaffirmed federal supremacy in determining the procedures for fugitive slave rendition. H. Robert Baker has written the first and only book-length treatment of this landmark case that became a pivot point for antebellum politics and law some fifteen years before Dred Scott. Baker addresses the Constitution's ambivalence regarding slavery and freedom. At issue were the reach of slaveholders' property rights into the free states, the rights of free blacks, and the relative powers of the federal and state governments. By announcing federal supremacy in regulating fugitive slave rendition, Prigg v. Pennsylvania was meant to bolster what slaveholders claimed as a constitutional right. But the decision cast into doubt the ability of free states to define freedom and to protect their free black populations from kidnapping. Baker's eye-opening account raises crucial questions about the place of slavery in the Constitution and the role of the courts in protecting it in antebellum America. More than that, it demonstrates how judges fashion conflicting constitutional interpretations from the same sources of law. Ultimately, it offers an instructive look at how constitutional interpretation that claims to be faithful to neutral legal principles and a definitive original meaning is nonetheless freighted with contemporary politics and morality. Prigg v. Pennsylvania is a sobering lesson for those concerned with today's controversial issues, as states seek to supplement and preempt federal immigration law or to overturn Roe v. Wade.
The Snail Darter Case : TVA versus the Endangered Species Act by Kenneth M. MurchisonWith the discovery of a tiny fish in a soon-to-be-flooded stretch of the Little Tennessee River, construction on a dam that had already cost taxpayers $100 million came crashing to a halt. Thanks to the Endangered Species Act of 1973, the snail darter was instantly transformed into both an icon for species preservation and a despised symbol of the environmental movement's alleged excesses. The intense legal battle that ensued over its fate was contested all the way to the Supreme Court. The 1978 decision in TVA v. Hill, the Court's first decision interpreting the Endangered Species Act, remains one of the most instructive cases in American environmental law. Affirming an injunction that prohibited the Tennessee Valley Authority from completing the Tellico Dam because it would eliminate the snail darter's only known habitat, the Supreme Court resolved an intragovernmental dispute between the TVA and the Interior Department as well as the claims of the local opponents of the dam. Kenneth Murchison reveals that the snail darter case was just one part of a long struggle over whether the TVA should build the Tellico Dam. He traces disputes over the TVA's mission back to the 1930s and intertwines this with the emergence of federal environmental law in the 1960s and 1970s, culminating in the National Environmental Policy Act and Endangered Species Act, both of which provided a statutory basis for litigating against the dam builders. He continues with an exhaustive analysis of the arguments, deliberations, and decision of the Supreme Court, based largely on original sources, before concluding with a summary of the subsequent congressional actions and administrative proceedings that ultimately allowed the dam's completion. By plumbing the Court's deliberations, the politics behind the law, and the way that law spurred political responses, Murchison clarifies how the story of darter and dam came to exemplify the tensions and conflict between legislative and judicial action. Even though its players were left with only partial victories, TVA v. Hill helped to define the modern role of the TVA and remains an important chapter in the development of federal environmental law. Murchison helps us better understand this landmark decision, which drew the battle lines for current debates over the environment and the policies that protect or regulate its use.
Call Number: KF5640.A7 M87 2007
Publication Date: 2007
Love Wins: the lovers and lawyers who fought the landmark case for marriage equality by Jim Obergefell; Debbie CenziperThe fascinating and very moving story of the lovers, lawyers, judges and activists behind the groundbreaking Supreme Court case that led to one of the most important, national civil rights victories in decades--the legalization of same-sex marriage. In June 2015, the Supreme Court made same-sex marriage the law in all fifty states in a decision as groundbreaking as Roe v Wade and Brown v Board of Education. Through insider accounts and access to key players, this definitive account reveals the dramatic and previously unreported events behind Obergefell v Hodges and the lives at its center. This is a story of law and love--and a promise made to a dying man who wanted to know how he would be remembered. Twenty years ago, Jim Obergefell and John Arthur fell in love in Cincinnati, Ohio, a place where gays were routinely picked up by police and fired from their jobs. In 2013, the Supreme Court ruled that the federal government had to provide married gay couples all the benefits offered to straight couples. Jim and John--who was dying from ALS--flew to Maryland, where same-sex marriage was legal. But back home, Ohio refused to recognize their union, or even list Jim's name on John's death certificate. Then they met Al Gerhardstein, a courageous attorney who had spent nearly three decades advocating for civil rights and who now saw an opening for the cause that few others had before him. This forceful and deeply affecting narrative--Part Erin Brockovich, part Milk, part Still Alice--chronicles how this grieving man and his lawyer, against overwhelming odds, introduced the most important gay rights case in U.S. history. It is an urgent and unforgettable account that will inspire readers for many years to come.
Call Number: KF229.O24 C46 2016
Publication Date: 2016
The Yoder Case by Shawn Francis PetersIn the late 1960s an Amish community considered state education detrimental to its own values. When the state claimed truancy and took Jonas Yoder to court, a legal battle of landmark proportions followed. This volume is a complete and compelling account of the Yoder case.
Call Number: KF228.Y63 P48 2003
Publication Date: 2003
Murder at the Supreme Court : lethal crimes and landmark cases by Martin Clancy; Tim O'BrienTrue-life reporting on vicious criminals and the haphazard system that punishes them In 1969, the Supreme Court justices cast votes in secret that could have signaled the end of the death penalty. Later, the justices' resolve began to unravel. Why? What were the consequences for the rule of law and for the life at stake in the case? These are some of the fascinating questions answered in Murder at the Supreme Court. Veteran journalists Martin Clancy and Tim O'Brien not only pull back the curtain of secrecy that surrounds Supreme Court deliberations but also reveal the crucial links between landmark capital-punishment cases and the lethal crimes at their root. The authors take readers to crime scenes, holding cells, jury rooms, autopsy suites, and execution chambers to provide true-life reporting on vicious criminals and the haphazard judicial system that punishes them. The cases reported are truly "the cases that made the law." They have defined the parameters that judges must follow for a death sentence to stand up on appeal. Beyond the obvious questions regarding the dubious deterrent effect of capital punishment or whether retribution is sufficient justification for the death penalty (regardless of the heinous nature of the crimes committed), the cases and crimes examined in this book raise other confounding issues: Is lethal injection really more humane than other methods of execution? Should a mentally ill killer be forcibly medicated to make him "well enough" to be executed? How does the race of the perpetrator or the victim influence sentencing? Is heinous rape a capital crime? How young is too young to be executed? This in-depth yet highly accessible book provides compelling human stories that illuminate the thorny legal issues behind the most noteworthy capital cases.
Call Number: KF9227.C2 C54 2013
Publication Date: 2013
The Supreme Court and Individual Rights by Joan Biskupic; Elder WittThis updated edition examines the impact of significant Supreme Court decisions on the rights and freedoms of the individual.Focusing primarily on the 20th century, and current through the 1995-1996 term, the book provides full coverage of the freedoms outlined in the Bill of Rights, including modern equality issues such as affirmative action and rights allowed illegal immigrants to the United States.The Supreme Court and Individual Rights begins with an overview of individual rights and covers four main topics: Freedom for Ideas, The Rights of Political Participation, Due Process and Criminal Rights, and Equal Rights and Personal Liberties. Appendixes include a glossary of legal terms, an explanation of how to read a legal citation, and biographies of the justices.
Call Number: KF4748 .W53 1997
Publication Date: 1997
Prisoners' Rights : the Supreme Court and evolving standards of decency by John A. Fliter"Offers a wealth of detail." International Herald Tribune "Stuffed full of beautiful photography." Drapers, UK "Presenting a feast of colour, style and elaborate costume. Should be a stunning exhibition." Publishing News, UK The world’s fascination with the grandeur of the Russian Imperial family endures. This book, now in paperback. examines the family’s collection of men’s fashion. It is illustrated with extraordinary new photographs taken at the Kremlin and accompanied by 18th- and 19th-century portraits and photographs of the Tsars, their families, and their court.Starting in the 1730s with lavishly embroidered coats and elaborately patterned silks from the wardrobe of Tsar Peter II and spanning a period of almost two centuries, these garments document a unique dialogue between military uniform, court dress, European fashion, and traditional Russian dress.
Call Number: KF9731.A7 F58 2001
Publication Date: 2001
Supreme Court Decisions and Women's Rights: milestones to equality by Clare Cushman (Editor)From the Romantic Paternalism of the 19th century to Roe v. Wade and the panoply of hot-button women′s issues before the Supreme Court in our age, Supreme Court Decisions and Women′s Rightslimns the cases, the ideas, and the people who have blazed the trail to equality. Co-published by CQ Press and the Supreme Court Historical Society, Supreme Court Decisions and Women′s Rightsis the first authoritative, illustrated guide to make Supreme Court cases and issues involving women′s rights and gender understandable and accessible to a wide audience. High school students will find a lively, easy-to-read account that makes complex legal and constitutional issues comprehensible. Academics and interested readers in a host of disciplines will find the book a perfect introduction to the topic, and a valuable tool for directing further research. More than 110 photos, cartoons, and other illustrative material, many of which have never been published, round out the visual presentation of this unique new reference work and enrich the historical context for the cases presented. Starting in the post-Civil War era, the book discusses the concept of Romantic Paternalism and how this belief that the law should provide extra protections to women because they are weaker and gentler than men began to be tested. Readers will find the full story of Susan B. Anthony and the quest for suffrage, but they′ll also find the cases that set the stage for the movement . . . and the cases and movements that continue to this day as a result of it. Supreme Court Decisions and Women′s Rightsis organized chronologically and by topic for easy research. The more than 75 cases cover all the important issues and movements regarding the Supreme Court and women′s rights from the earliest days to the present. Here are just a few examples: Bradwell v. Illinois(1873) - women being barred from practicing law. Muller v. Oregon(1908) - regarding the 10-hour working day. Goesart v. Cleary(1948) - are women allowed to be bartenders? Weinberger v. Wiesenfeld(1975) - a father sues for the right to stay home. Kirchberg v. Fienstra(1981) - husband as "head and master" of household." Maher v. Roe(1977) - is abortion funding constitutional? Price Waterhouse v. Hopkins(1989) - not woman enough to make partner? Supreme Court Decisions and Women′s Rightsalso covers: The "First Ladies" of the Supreme Court The first female law clerks Women in key positions at the Court Profiles of the first female justices: Sandra Day O′Connor and Ruth Bader Ginsberg. Cases Covered Bradwell v. Illinois (1873) The Slaughterhouse Cases (1873)Minor v. Happersett (1875)Strauder v. West Virginia (1880)Muller v. Oregon, (1908)Adkins v. Children′s Hospital (1923)West Coast Hotel Co. v. Parrish (1937)Ballard v. United States (1946)Goesaert v. Cleary (1948)Hoyt v. Florida (1961)Griswold v. Connecticut (1965)Phillips v. Martin Marietta Corp. (1971)Reed v. Reed (1971)Eisenstadt v. Baird (1972)Doe v. Bolton (1973)Frontiero v. Richardson (1973)Roe v. Wade (1973) Corning Glass Works v. Brennan (1974)Cleveland Board of Education v. LaFleur (1974)Geduldig v. Aiello (1974) Kahn v. Shevin (1974)Schlesinger v. Ballard (1975)Stanton v. Stanton (1975)Taylor v. Louisiana (1975)Weinberger v. Wiesenfeld (1975)Craig v. Boren (1976)General Electric Co. v. Gilbert (1976)Planned Parenthood Assn. of Central Missouri v. Danforth (1976)Califano v. Goldfarb (1977)Califano v. Webster (1977)Dothard v. Rawlinson (1977)Maher v. Roe (1977)Nashville Gas Co. v. Satty (1977)Los Angeles Department of Water and Power v. Manhart (1978)Bellotti v. Baird (1979)Califano v. Westcott (1979)Duren v. Missouri (1979)Lehr v. Robertson (1983)Parham v. Hughes (1979)Orr v. Orr (1979)Personnel Administrator of Massachusetts v. Feeney (1979)Stanley v. Illinois (1972), Quilloin v. Walcott (1978)Caban v. Mohammed (1979)Harris v. McRae (1980)Wengler v. Druggists Mutual Ins. Co. (1980)County of Washington v. Gunther (1981) Kirchberg v. Feenstra (1981)Michael M. v. Superior Court of Sonoma County (1981)Rostker v. Goldberg (1981)Mississippi University for Women v. Hogan (1982)Arizona Governing Committee v. Norris (1983) City of Akron v. Akron Center for Reproductive Health (1983)Newport News Shipbuilding &Dry Dock Co. v. Equal Employment Opportunity Commission (1983)Planned Parenthood Assn. of Kansas City, Mo., Inc. v. Ashcroft (1983)Hishon v. King &Spalding (1984)Meritor Savings Bank v. Vinson (1986)Thornburgh v. American College of Obstetricians &Gynecologists (1986)California Federal S. and L. Ass′n v. Guerra (1987)Johnson v. Transportation Agency, Santa Clara County, California (1987) Price Waterhouse v. Hopkins (1989)Webster v. Reproductive Health Services (1989)Hodgson v. Minnesota (1990)Ohio v. Akron Center for Reproductive Health (1990)Automobile Workers v. Johnson Controls, Inc. (1991)Rust v. Sullivan (1991)Franklin v. Gwinnett County Public Schools (1992)Planned Parenthood of Southeastern Pennsylvania v. Casey (1992)Bray v. Alexandria Women′s Health Center (1993)Harris v. Forklift Systems, Inc., (1993)J.E.B. v. Alabama ex rel. T.B. (1994)Madsen v. Women′s Health Center, Inc. (1994)National Organization for Women, Inc. v. Scheidler (1994)United States v. Virginia (1996)Schenck v. Pro-Choice Network of Western New York (1997)Virginia v. United States (1997)Burlington Industries v. Ellerth (1998)Faragher v. City of Boca Raton (1998)Gebser v. Lago Vista Independent School District (1998)Lorelyn Penero Miller v. Madeleine K. Albright (1998)Oncale v. Sundowner Offshore Services (1998)Davis v. Monroe County School Board (1999)
Call Number: KF4758.A7 S87 2001
ISBN: 1568026137
Publication Date: 2001
We the Students : Supreme Court cases for and about students by Jamin B. RaskinFor and about students, the emphasis in this book is on constitutional knowledge, critical thinking, persuasive argument, and values clarification. Readers will learn the answers to: why does the court decide a particular way? and why does the law change over time?
Speak Now : marriage equality on trial : the story of Hollingsworth v. Perry by Kenji YoshinoA renowned legal scholar tells the definitive story of Hollingsworth v. Perry, the trial that stands as the most potent argument for marriage equality Speak Now tells the story of a watershed trial that unfolded over twelve tense days in California in 2010. A trial that legalized same-sex marriage in our most populous state. A trial that interrogated the nature of marriage, the political status of gays and lesbians, the ideal circumstances for raising children, and the ability of direct democracy to protect fundamental rights. A trial that stands as the most potent argument for marriage equality this nation has ever seen. In telling the story of Hollingsworth v. Perry, the groundbreaking federal lawsuit against Proposition 8, Kenji Yoshino has also written a paean to the vanishing civil trial--an oasis of rationality in what is often a decidedly uncivil debate. Above all, this book is a work of deep humanity, in which Yoshino brings abstract legal arguments to life by sharing his own story of finding love, marrying, and having children as a gay man. Intellectually rigorous and profoundly compassionate, Speak Now is the definitive account of a landmark civil-rights trial. -- Winner, Stonewall Book Award
Call Number: KF229.H654 Y67 2015
Publication Date: 2015
Little Pink House : a true story of defiance and courage by Jeff BenedictSuzette Kelo was just trying to rebuild her life when she purchased a falling down Victorian house perched on the waterfront in New London, CT. The house wasn't particularly fancy, but with lots of hard work Suzette was able to turn it into a home that was important to her, a home that represented her new found independence. Little did she know that the City of New London, desperate to revive its flailing economy, wanted to raze her house and the others like it that sat along the waterfront in order to win a lucrative Pfizer pharmaceutical contract that would bring new business into the city. Kelo and fourteen neighbors flat out refused to sell, so the city decided to exercise its power of eminent domain to condemn their homes, launching one of the most extraordinary legal cases of our time, a case that ultimately reached the United States Supreme Court. In Little Pink House, award-winning investigative journalist Jeff Benedict takes us behind the scenes of this case -- indeed, Suzette Kelo speaks for the first time about all the details of this inspirational true story as one woman led the charge to take on corporate America to save her home. "Passionate...a page-turner with conscience." -- Publishers Weekly "Catherine Keener nails the combination of anger, grace, and attitude that made Susette Kelo a nationally known crusader." -- Deadline Hollywood
Call Number: KF229.K45 B46 2009
Publication Date: 2009
Inherently Unequal : the betrayal of equal rights by the Supreme Court, 1865-1903 by Lawrence GoldstoneA potent and original examination of how the Supreme Court subverted justice and empowered the Jim Crow era. In the following years following the Civil War, the 13th Amendment abolished slavery; the 14th conferred citizenship and equal protection under the law to white and black; and the 15th gave black American males the right to vote. In 1875, the most comprehensive civil rights legislation in the nation's history granted all Americans "the full and equal enjoyment" of public accomodations. Just eight years later, the Supreme Court, by an 8-1 vote, overturned the Civil Rights Act as unconstitutional and, in the process, disemboweled the equal protection provisions of the 14th Amendment. Using court records and accounts of the period, Lawrence Goldstone chronicles how "by the dawn of the 20th century the U.S. had become the nation of Jim Crow laws, quasi-slavery, and precisely the same two-tiered system of justice that had existed in the slave era." The very human story of how and why this happened make Inherently Unequal as important as it is provocative. Examining both celebrated decisions like Plessy v. Ferguson and those often overlooked, Goldstone demonstrates how the Supreme Court turned a blind eye to the obvious reality of racism, defending instead the business establishment and status quo--thereby legalizing the brutal prejudice that came to definite the Jim Crow era.
Call Number: KF4757 .G655 2011
Publication Date: 2011
Supreme Inequality : the Supreme Court's fifty-year battle for a more unjust America Creator Cohen, Adam (Adam Seth) author. by Adam Cohen"Meticulously researched and engagingly written . . . a comprehensive indictment of the court's rulings in areas ranging from campaign finance and voting rights to poverty law and criminal justice." --Financial Times A revelatory examination of the conservative direction of the Supreme Court over the last fifty years. In Supreme Inequality, bestselling author Adam Cohen surveys the most significant Supreme Court rulings since the Nixon era and exposes how, contrary to what Americans like to believe, the Supreme Court does little to protect the rights of the poor and disadvantaged; in fact, it has not been on their side for fifty years. Cohen proves beyond doubt that the modern Court has been one of the leading forces behind the nation's soaring level of economic inequality, and that an institution revered as a source of fairness has been systematically making America less fair. A triumph of American legal, political, and social history, Supreme Inequality holds to account the highest court in the land and shows how much damage it has done to America's ideals of equality, democracy, and justice for all.