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Feminist Legal Theory: A Primer by Nancy Levit
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Sex and the Constitution: Sex, Religion, and Law from America's Origins to the Twenty-First Century
Geoffrey R. Stone - 2017
Stone demonstrates how the Founding Fathers, deeply influenced by their philosophical forebears, saw traditional Christianity as an impediment to the pursuit of happiness and to the quest for human progress. Acutely aware of the need to separate politics from the divisive forces of religion, the Founding Fathers crafted a constitution that expressed the fundamental values of the Enlightenment.Although the Second Great Awakening later came to define America through the lens of evangelical Christianity, nineteenth-century Americans continued to view sex as a matter of private concern, so much so that sexual expression and information about contraception circulated freely, abortions before “quickening” remained legal, and prosecutions for sodomy were almost nonexistent.The late nineteenth and early twentieth centuries reversed such tolerance, however, as charismatic spiritual leaders and barnstorming politicians rejected the values of our nation’s founders. Spurred on by Anthony Comstock, America’s most feared enforcer of morality, new laws were enacted banning pornography, contraception, and abortion, with Comstock proposing that the word “unclean” be branded on the foreheads of homosexuals. Women increasingly lost control of their bodies, and birth control advocates, like Margaret Sanger, were imprisoned for advocating their beliefs. In this new world, abortions were for the first time relegated to dank and dangerous back rooms.The twentieth century gradually saw the emergence of bitter divisions over issues of sexual “morality” and sexual freedom. Fiercely determined organizations and individuals on both the right and the left wrestled in the domains of politics, religion, public opinion, and the courts to win over the soul of the nation. With its stirring portrayals of Supreme Court justices, Sex and the Constitution reads like a dramatic gazette of the critical cases they decided, ranging from Griswold v. Connecticut (contraception), to Roe v. Wade (abortion), to Obergefell v. Hodges (gay marriage), with Stone providing vivid historical context to the decisions that have come to define who we are as a nation.Now, though, after the 2016 presidential election, we seem to have taken a huge step backward, with the progress of the last half century suddenly imperiled. No one can predict the extent to which constitutional decisions safeguarding our personal freedoms might soon be eroded, but Sex and the Constitution is more vital now than ever before.
Forcing the Spring: Inside the Fight for Marriage Equality
Jo Becker - 2014
Beginning with the historical legal challenge of California's ban on same-sex marriage, Becker expands the scope to encompass all aspects of this momentous struggle, offering a gripping behind-the-scenes narrative told with the lightning pace of the greatest legal thrillers. For nearly five years, Becker was given free rein in the legal and political war rooms where the strategy of marriage equality was plotted. She takes us inside the remarkable campaign that rebranded a movement; into the Oval Office where the president and his advisors debated how to respond to a fast-changing political landscape; into the chambers of the federal judges who decided that today's bans on same-sex marriage were no more constitutional than previous century's bans on interracial marriage; and into the mindsets of the Supreme Court judges who decided the California case and will likely soon decide the issue for the country at large. From the state-by state efforts to win marriage equality at the ballot box to the landmark Supreme Court case that struck down a law that banned legally married gay and lesbian couples from receiving federal benefits, Becker weaves together the political and legal forces that reshaped a nation.Forcing the Spring begins with California's controversial ballot initiative Proposition 8, which banned gay men and lesbians from marrying the person they loved. This electoral defeat galvanized an improbable alliance of opponents to the ban, with political operatives and Hollywood royalty enlisting attorneys Ted Olson and David Boies—the opposing counsels in the Supreme Court’s Bush v. Gore case—to join together in a unique bipartisan challenge to the political status quo. Despite initial opposition from the gay rights establishment, the case against Proposition 8 would ultimately force the issue of marriage equality all the way to the Supreme Court, transforming same-sex marriage from a partisan issue into a modern crisis of civil rights. Shuttling between the twin American power centers of Hollywood and Washington—and based on access to all the key players in the Justice Department and the White House—Becker offers insider coverage on the true story of how President Obama “evolved” to embrace marriage equality. What starts out as a tale of an epic legal battle grows into the story of the evolution of a country. Becker shows how the country reexamined its opinions on same-sex marriage, an issue that raced along with a snowballing velocity which astounded veteran political operatives. Here is the ringside account of this unprecedented change, the fastest shift in public opinion ever seen in modern American politics. Clear-eyed and even-handed, Forcing the Spring is political and legal journalism at its finest, offering an unvarnished perspective on the extraordinary transformation of America and an inside look into the fight to win the rights of marriage and full citizenship for all.
A People's History of the Supreme Court: The Men and Women Whose Cases and Decisions Have Shaped Our Constitution
Peter Irons - 1999
In the tradition of Howard Zinn's classic A People's History of the United States, Peter Irons chronicles the decisions that have influenced virtually every aspect of our society, from the debates over judicial power to controversial rulings in the past regarding slavery, racial segregation, and abortion, as well as more current cases about school prayer, the Bush/Gore election results, and "enemy combatants." To understand key issues facing the supreme court and the current battle for the court's ideological makeup, there is no better guide than Peter Irons. This revised and updated edition includes a foreword by Howard Zinn.
Supreme Whispers: Conversations with Judges of the Supreme Court of India 1980-89
Abhinav Chandrachud - 2018
Based on 114 intriguing interviews with nineteen former chief justices of India and more than sixty-six former judges of the Supreme Court of India, Abhinav Chandrachud opens a window to the life and times of the former judges of India's highest court of law and in the process offers a history that largely remained in oblivion for a long time.
Trial Techniques
Thomas A. Mauet - 1995
This long-time leading course book is an invaluable source for prospective trial lawyers, presenting: - a best-selling author renowned for his skills both as a writer and litigator - a clear, engaging writing style that breaks the trial process down into its critical components for more thorough and efficient comprehension - excellent examples illustrating strategies for opening statements, jury selection, direct- and cross-examination, exhibits, objections, and more - an appendix containing the Federal Rules of Evidence for easy reference
To the Survivors: One Man's Journey as a Rape Crisis Counselor with True Stories of Sexual Violence
Robert Uttaro - 2013
Gently and beautifully constructed, To the Survivors is moving, tender, sharp, and piercingly true all at once. Readers will encounter uncensored written stories, poems, and interviews from women and men who have experienced rape and sexual assault, plus the advocate-author voice that weaves their experiences together. The survivors are diverse in age, gender, and ethnicity, yet each gives a similarity raw and heartfelt account of his or her victimization and recovery. The authenticity and vulnerability with which survivors speak resonates profoundly. But this book is not just for survivors of sexual violence. Robert Uttaro believes anyone can benefit from the words in these pages, rape survivor or not.
Mighty Justice: My Life in Civil Rights
Dovey Johnson Roundtree - 2019
From the streets of Charlotte, North Carolina, to the segregated courtrooms of the nation’s capital; from the male stronghold of the army where she broke gender and color barriers to the pulpits of churches where women had waited for years for the right to minister—in all these places, Dovey Johnson Roundtree sought justice. At a time when African American attorneys had to leave the courthouses to use the bathroom, Roundtree took on Washington’s white legal establishment and prevailed, winning a 1955 landmark bus desegregation case that would help to dismantle the practice of “separate but equal” and shatter Jim Crow laws. Later, she led the vanguard of women ordained to the ministry in the AME Church in 1961, merging her law practice with her ministry to fight for families and children being destroyed by urban violence. Dovey Roundtree passed away in 2018 at the age of 104. Though her achievements were significant and influential, she remains largely unknown to the American public. Mighty Justice corrects the historical record.
The Schoolhouse Gate: Public Education, the Supreme Court, and the Battle for the American Mind
Justin Driver - 2018
Garland, Justice Stephen Breyer, and Justice Sandra Day O'Connor) gives us an engaging and alarming book that aims to vindicate the rights of public school stu-dents, which have so often been undermined by the Supreme Court in recent decades.Judicial decisions assessing the constitutional rights of students in the nation's public schools have consistently generated bitter controversy. From racial segregation to un-authorized immigration, from antiwar protests to compul-sory flag salutes, from economic inequality to teacher-led prayer--these are but a few of the cultural anxieties dividing American society that the Supreme Court has addressed in elementary and secondary schools. The Schoolhouse Gate gives a fresh, lucid, and provocative account of the historic legal battles waged over education and illuminates contemporary disputes that continue to fracture the nation.Justin Driver maintains that since the 1970s the Supreme Court has regularly abdicated its responsibility for protecting students' constitutional rights and risked trans-forming public schools into Constitution-free zones. Students deriving lessons about citizenship from the Court's decisions in recent decades would conclude that the following actions taken by educators pass constitutional muster: inflicting severe corporal punishment on students without any proce-dural protections, searching students and their possessions without probable cause in bids to uncover violations of school rules, random drug testing of students who are not suspected of wrongdoing, and suppressing student speech for the view-point it espouses. Taking their cue from such decisions, lower courts have upheld a wide array of dubious school actions, including degrading strip searches, repressive dress codes, draconian "zero tolerance" disciplinary policies, and severe restrictions on off-campus speech.Driver surveys this legal landscape with eloquence, highlights the gripping personal narratives behind landmark clashes, and warns that the repeated failure to honor students' rights threatens our basic constitutional order. This magiste-rial book will make it impossible to view American schools--or America itself--in the same way again.
Gender Inequality: Feminist Theories and Politics
Judith Lorber - 1998
of New York) gives an overview of organized feminism, its types, its approach to gender equality, and its theories and politics. She then offers a series of classic and new readings in gender reform feminism (liberal, Marxist, socialist, post-colonial), gender resistance (radical, lesbian, psychoanalytic, standpoint) and gender rebe
Landmark Judgments That Changed India
Asok Kumar Ganguly - 2015
Of these, it is the judiciary’s task to uphold constitutional values and ensure justice for all. The interpretation and application of constitutional values by the judicial system has had far-reaching impact, often even altering provisions of the Constitution itself. Although our legal system was originally based on the broad principles of the English common law, over the years it has been adapted to Indian traditions and been changed, for the better, by certain landmark verdicts.In Landmark Judgments that Changed India, former Supreme Court judge and eminent jurist Asok Kumar Ganguly analyses certain cases that led to the formation of new laws and changes to the legal system. Discussed in this book are judgments in cases such as Kesavananda Bharati v. State of Kerala that curtailed the power of Parliament to amend the Constitution; Maneka Gandhi v. Union of India and Others that defined personal liberty; and Golaknath v. State of Punjab, where it was ruled that amendments which infringe upon fundamental rights cannot be passed.Of special significance for law students and practitioners, this book is also an ideal guide for anyone interested in the changes made to Indian laws down the years, and the evolution of the judicial system to what it is today.
Shortlisted: Women in the Shadows of the Supreme Court
Renee Knake Jefferson - 2020
Just as they were overlooked, so have their individual stories been -- until now." - Linda Greenhouse, New York Times contributing columnist"[Shortlisted] tells the political and personal sagas of women publicly considered for appointment to the Supreme Court but never actually nominated by a president... With fresh research, the authors effectively humanize the women who never received the nominations they deserved." - Kirkus ReviewsIn 1981, Sandra Day O’Connor became the first female justice on the United States Supreme Court after centuries of male appointments, a watershed moment in the long struggle for gender equality. Yet few know about the remarkable women considered in the decades before her triumph.Shortlisted tells the overlooked stories of nine extraordinary women—a cohort large enough to seat the entire Supreme Court—who appeared on presidential lists dating back to the 1930s. Florence Allen, the first female judge on the highest court in Ohio, was named repeatedly in those early years. Eight more followed, including Amalya Kearse, a federal appellate judge who was the first African American woman viewed as a potential Supreme Court nominee. Award-winning scholars Renee Knake Jefferson and Hannah Brenner Johnson cleverly weave together long-forgotten materials from presidential libraries and private archives to reveal the professional and personal lives of these accomplished women.In addition to filling a notable historical gap, the book exposes the harms of shortlisting―it reveals how adding qualified female candidates to a list but passing over them ultimately creates the appearance of diversity while preserving the status quo. This phenomenon often occurs with any pursuit of professional advancement, whether the judge in the courtroom, the CEO in the corner office, or the coach on the playing field. Women, and especially female minorities, while as qualified as others on the shortlist (if not more so), find themselves far less likely to be chosen. With the stories of these nine exemplary women as a framework, Shortlisted offers all women a valuable set of strategies for upending the injustices that still endure. It is a must-read for those seeking positions of power as well as for the powerful who select them in the legal profession and beyond.
The Citizen's Constitution: An Annotated Guide
Seth Lipsky - 2009
But what if you want a delightfully quick, witty, and readable reference that, in one compact volume, places the document and its clauses into context? You're out of luck--until now. Written by Seth Lipsky, described in the Boston Globe as "a legendary figure in contemporary journalism," The Citizen's Constitution draws on the writings of the Founders, case law from our greatest judges, and current events in more than 300 illuminating annotations. Lipsky provides a no-nonsense, entertaining, and learned guide to the fundamental questions surrounding the document that governs how we govern our country. Every American should know the Constitution. Rarely has it glinted so brightly.
Sexual Justice: Supporting Victims, Ensuring Due Process, and Resisting the Conservative Backlash
Alexandra Brodsky - 2021
Each prominent allegation, however, has also set off a wave of questions – some posed in good faith, some distinctly not – about the rights of the accused. The national conversation has grown polarized, inflamed by a public narrative that wrongly presents feminism and fair process as warring interests.Sexual Justice is an intervention, pointing the way to common ground. Drawing on core principles of civil rights law, and the personal experiences of victims and the accused, Alexandra Brodsky details how schools, workplaces, and other institutions can – indeed, must – address sexual harms in ways fair to all. She shows why these allegations cannot be left to police and prosecutors alone, and outlines the key principles of fair proceedings outside the courts. Brodsky explains how contemporary debates continue the long, sexist history of “rape exceptionalism,” in which sexual allegations are treated as uniquely suspect. And she calls on readers to resist the anti-feminist backlash that hijacks the rhetoric of due process to protect male impunity.Vivid and eye-opening, at once intellectually rigorous and profoundly empathetic, Sexual Justice clears up common misunderstandings about sexual harassment, traces the forgotten histories that underlie our current predicament, and illuminates the way to a more just world.
I Know This to Be True: Ruth Bader Ginsburg
Ruth Bader Ginsburg - 2020
With a disarming honesty, Ginsburg discusses everything from gender equality and fitness to literature and the importance of hard work.• The inimitable Ruth Bader Ginsburg, an associate justice of the US Supreme Court, embodies the power of persistence and integrity.• Here, she reflects on her many years of service to the law, as well as her family life and struggle with cancer.
Because of Sex: One Law, Ten Cases, and Fifty Years That Changed American Women's Lives at Work
Gillian Thomas - 2016
Title VII of the law made it illegal to discriminate “because of sex.” But that simple phrase didn’t mean much until ordinary women began using the law to get justice on the job—and some took their fights all the way to the Supreme Court. Among them were Ida Phillips, denied an assembly line job because she had a preschool-age child; Kim Rawlinson, who fought to become a prison guard—a “man’s job”; Mechelle Vinson, who brought a lawsuit for sexual abuse before “sexual harassment” even had a name; Ann Hopkins, denied partnership at a Big Eight accounting firm because the men in charge thought she needed "a course at charm school”; and most recently, Peggy Young, UPS truck driver, forced to take an unpaid leave while pregnant because she asked for a temporary reprieve from heavy lifting.These unsung heroines’ victories, and those of the other women profiled in Gillian Thomas' Because of Sex, dismantled a “Mad Men” world where women could only hope to play supporting roles; where sexual harassment was “just the way things are”; and where pregnancy meant getting a pink slip.Through first-person accounts and vivid narrative, Because of Sex tells the story of how one law, our highest court, and a few tenacious women changed the American workplace forever.