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

Overview

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...

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

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Overview

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.

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Editorial Reviews

From the Publisher

"A wonderful book dealing with personal issues each of us as individuals may face. Well-written and absorbing reading with numerous case studies that rely on materials and insider accounts from the private papers of the justices, this is a book for the general public and specialists alike to savor."

-Sheldon Goldman,University of Massachusetts, Amherst

"...A thorough summary of the trajectory of current case law on the legal regulation of U.S. citizens' intimate lives. . . . A valuable introduction to increasingly important and salient legal questions about the constitutional limits on the state's ability to shape intimate lives in the United States."

- Political Science Quarterly ,

"...A worthy assessment of the law of intimate association and personal decision-making. For those intrigued by the Court's human side, Ball provides a sufficient glimpse without raising the curtain on its realm of privacy that the justices have strived to protect."

-Trial,

"Despite the controversial content of many of the cases, Mr. Ball maintains an air of bemused detachment and does not openly take sides. This is not a polemic. With few exceptions, the prevailing tone is light and scholarly. The goal is to illuminate, not to persuade."

-New York Law Journal,

"In this truly fascinating and spellbinding work, Ball tells many tales."

-Choice,

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Product Details

  • ISBN-13: 9780814709085
  • Publisher: New York University Press
  • Publication date: 8/1/2002
  • Sold by: Barnes & Noble
  • Format: eBook
  • Pages: 278
  • Sales rank: 1,276,911
  • File size: 3 MB

Meet the Author


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

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Table of Contents

1 "Fundamental" rights versus state interests : the balancing process 7
I "I am not talking very much like a lawyer" 8
II The U.S. Supreme Court and "fundamental" rights 13
III The liberty and rights protected by the due process clause 15
IV Is there a protected liberty interest for persons having intimate homosexual relations? 22
V The limits of sexual privacy 29
2 Marriage and marital privacy 31
I "I should like to suggest a substantial change for your consideration" 32
II Heterosexual marriage 35
III Molecular changes in the definition and reality of the traditional marital relationship 44
IV The dilemma of intimate violence and Congressional passage of the Violence Against Women Act (VAWA), 1994 49
V Same-sex marriage 60
VI Congressional passage of the Defense of Marriage Act (DOMA), 1996 63
3 The "rhapsody of the unitary family" 68
I "Something smells about this case" 70
II Who is family? 73
III Family privacy versus state interests 77
IV Family privacy rights versus personal autonomy and other constitutional rights 83
4 Motherhood or not, that is her decision 90
I "I will be God-damned!" 91
II Not having children : abortion as a personal right 93
III After Roe, what are the limits of "state actions" that regulate the abortion procedure? 101
IV After Roe, what are a husband's rights? 108
V When a minor daughter wants to terminate her pregnancy 111
VI Back into the vortex : the "partial birth" abortion controversy 114
5 Raising the child : "father knows best"? 122
I "This is really a ridiculous case to be absorbing our time" 123
II Raising and educating children 127
III The mental and physical health and welfare of the child 139
IV Children's rights : visiting the grandparents 160
6 "Let me go!" : death in the family 168
I "This case should never have been started" 170
II Terminating life support for an incompetent family member : passive euthanasia 175
III Physician-assisted suicide : active euthanasia 181
7 Family and personal privacy in the twenty-first century 199
I "She kept screaming" 200
II Is the home still a castle? 203
III The "medical necessity" exception and federal anti-marijuana-use law 208
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