Author: Dale Carpenter
Publisher: W. W. Norton & Company
Release Date: 2012-03-12
“A highly informative, detailed, even thrilling account of how the Supreme Court arguments reshaped American law.”—Michael Bronkski, San Francisco Chronicle No one could have predicted that the night of September 17, 1998, would be anything but routine in Houston, Texas. Even the call to police that a black man was "going crazy with a gun" was hardly unusual in this urban setting. Nobody could have imagined that the arrest of two men for a minor criminal offense would reverberate in American constitutional law, exposing a deep malignity in our judicial system and challenging the traditional conception of what makes a family. Indeed, when Harris County sheriff’s deputies entered the second-floor apartment, there was no gun. Instead, they reported that they had walked in on John Lawrence and Tyron Garner having sex in Lawrence’s bedroom. So begins Dale Carpenter’s "gripping and brilliantly researched" Flagrant Conduct, a work nine years in the making that transforms our understanding of what we thought we knew about Lawrence v. Texas, the landmark Supreme Court decision of 2003 that invalidated America’s sodomy laws. Drawing on dozens of interviews, Carpenter has taken on the "gargantuan" task of extracting the truth about the case, analyzing the claims of virtually every person involved. Carpenter first introduces us to the interracial defendants themselves, who were hardly prepared "for the strike of lightning" that would upend their lives, and then to the Harris County arresting officers, including a sheriff’s deputy who claimed he had "looked eye to eye" in the faces of the men as they allegedly fornicated. Carpenter skillfully navigates Houston’s complex gay world of the late 1990s, where a group of activists and court officers, some of them closeted themselves, refused to bury what initially seemed to be a minor arrest. The author charts not only the careful legal strategy that Lambda Legal attorneys adopted to make the case compatible to a conservative Supreme Court but also the miscalculations of the Houston prosecutors who assumed that the nation’s extant sodomy laws would be upheld. Masterfully reenacting the arguments that riveted spectators and Justices alike in 2003, Flagrant Conduct then reaches a point where legal history becomes literature, animating a Supreme Court decision as few writers have done. In situating Lawrence v. Texas within the larger framework of America’s four-century persecution of gay men and lesbians, Flagrant Conduct compellingly demonstrates that gay history is an integral part of our national civil rights story.
Author: Dale Carpenter
Publisher: W. W. Norton & Company
Release Date: 2012
Provides a detailed legal history and examines the motives of all players involved with the landmark Supreme Court gay rights case that protected consenting adults' rights, regardless of sexual preference, in the bedroom. 20,000 first printing.
Author: Molly Haskell
Publisher: Yale University Press
Release Date: 2010-02-01
Haskell keeps both novel and movie at hand, moving from one to the other, comparing and distinguishing what Margaret Mitchell expresses from what obsessive producer David O. Selznick, directors George Cukor and Victor Fleming, screenplaywrights Sidney Howard and a host of fixers (including Ben Hecht and Scott Fitzgerald), and actors Vivien Leigh, Clark Gable, Hattie McDaniel, and others convey. She emphasizes the contributions of Selznick, Leigh, and in an entire chapter, Mitchell, drawing heavily and analytically on existing biographies, the literature of women and the Civil War, Civil War films (especially Birth of a Nation and Jezebel), and film criticism to such engaging effect as to not just revisit GWTW but to revive and intensify the enduring fascination of what Selznick dubbed the American Bible. --Olson, Ray Copyright 2009 Booklist.
Author: Ann Aldrich
Publisher: The Feminist Press at CUNY
Release Date: 2015-09-01
Genre: Social Science
Ann Aldrich flings a provocative assertion at her readers in 1955 when she opens her groundbreaking account of lesbian life in New York City by saying this book is the "result of fifteen years of participation in society as a female homosexual." After the release of We Walk Alone, Aldrich became both a heroine and a scapegoat in some of the period's most contentious public debates over what exactly "lesbian culture" was. Her non-fiction pulp literally transformed the landscape overnight. Part Kinsey-esque portraits of real people, part you-are-there reports on the scene in bars and offices and at clubs and house parties, this is a unique "cultural artifact," a compelling composite of an alienated yet amazingly self-aware community. Ann Aldrich is both observer and commentator, writing investigative journalism in the mode of Doris Lessing. As Stephanie Foote explains in her afterword, the combination produces "as rich and conflicted a look at the formation of lesbian urban culture as that of any contemporary queer historian."
Author: Sherry F Colb
Publisher: Columbia University Press
Release Date: 2016-03-08
How can someone who condemns hunting, animal farming, and animal experimentation also favor legal abortion, the deliberate destruction of a human fetus? The authors of Beating Hearts aim to reconcile this apparent conflict and examine the surprisingly similar strategic and tactical questions faced by activists in the pro-life and animal-rights movements. Beating Hearts maintains that sentience, or the ability to have subjective experiences, grounds a being’s entitlement to moral concern. The authors argue that nearly all human exploitation of animals is unjustified. Early abortions do not contradict the sentience principle because they precede fetal sentience, and Beating Hearts explains why the mere potential for sentience does not create moral entitlements. Late abortions do raise serious moral questions, which the authors explore by comparing the plight of women forbidden from having abortions to the plight of laying hens and dairy cows exploited for their reproductive products. These ethical explorations lead to a wider discussion of the strategies deployed by the pro-life and animal-rights movements. Should legal reforms precede or follow attitudinal changes? Do gory images win over or alienate supporters? Is violence ever principled? By probing the connections between debates about abortion and animal rights, Beating Hearts uses each highly contested set of questions to shed light on the other.
Author: Marc Solomon
Publisher: ForeEdge from University Press of New England
Release Date: 2014-11-12
Genre: Political Science
Ten years ago no state allowed same-sex couples to marry, support for gay marriage nationwide hovered around 30 percent, and politicians everywhere thought of it as the third rail of American politicsÑdraw near at your peril. Today, same-sex couples can marry in seventeen states, polls consistently show majority support, and nearly three-quarters of Americans believe legalization is inevitable. In Winning Marriage Marc Solomon, a veteran leader in the movement for marriage equality, gives the reader a seat at the strategy-setting and decision-making table in the campaign to win and protect the freedom to marry. With depth and grace he reveals the inner workings of the advocacy movement that has championed and protected advances won in legislative, court, and electoral battles over the decade since the landmark Massachusetts ruling guaranteeing marriage for same-sex couples for the first time. From the gritty battles in the state legislatures of Massachusetts and New York to the devastating loss at the ballot box in California in 2008 and subsequent ballot wins in 2012 to the joyous victories of securing President ObamaÕs support and prevailing in the Supreme Court, Marc Solomon has been at the center of one of the great civil and human rights movements of our time. Winning Marriage recounts the struggle with some of the worldÕs most powerful forcesÑthe Catholic hierarchy, the religious right, and cynical ultraconservative political operativesÑand the movementÕs eventual triumph.
Author: Adam Cohen
Release Date: 2016-03-01
Longlisted for the 2016 National Book Award for Nonfiction One of America’s great miscarriages of justice, the Supreme Court’s infamous 1927 Buck v. Bell ruling made government sterilization of “undesirable” citizens the law of the land In 1927, the Supreme Court handed down a ruling so disturbing, ignorant, and cruel that it stands as one of the great injustices in American history. In Imbeciles, bestselling author Adam Cohen exposes the court’s decision to allow the sterilization of a young woman it wrongly thought to be “feebleminded” and to champion the mass eugenic sterilization of undesirable citizens for the greater good of the country. The 8–1 ruling was signed by some of the most revered figures in American law—including Chief Justice William Howard Taft, a former U.S. president; and Louis Brandeis, a progressive icon. Oliver Wendell Holmes, considered by many the greatest Supreme Court justice in history, wrote the majority opinion, including the court’s famous declaration “Three generations of imbeciles are enough.” Imbeciles is the shocking story of Buck v. Bell, a legal case that challenges our faith in American justice. A gripping courtroom drama, it pits a helpless young woman against powerful scientists, lawyers, and judges who believed that eugenic measures were necessary to save the nation from being “swamped with incompetence.” At the center was Carrie Buck, who was born into a poor family in Charlottesville, Virginia, and taken in by a foster family, until she became pregnant out of wedlock. She was then declared “feebleminded” and shipped off to the Colony for Epileptics and Feeble-Minded. Buck v. Bell unfolded against the backdrop of a nation in the thrall of eugenics, which many Americans thought would uplift the human race. Congress embraced this fervor, enacting the first laws designed to prevent immigration by Italians, Jews, and other groups charged with being genetically inferior. Cohen shows how Buck arrived at the colony at just the wrong time, when influential scientists and politicians were looking for a “test case” to determine whether Virginia’s new eugenic sterilization law could withstand a legal challenge. A cabal of powerful men lined up against her, and no one stood up for her—not even her lawyer, who, it is now clear, was in collusion with the men who wanted her sterilized. In the end, Buck’s case was heard by the Supreme Court, the institution established by the founders to ensure that justice would prevail. The court could have seen through the false claim that Buck was a threat to the gene pool, or it could have found that forced sterilization was a violation of her rights. Instead, Holmes, a scion of several prominent Boston Brahmin families, who was raised to believe in the superiority of his own bloodlines, wrote a vicious, haunting decision upholding Buck’s sterilization and imploring the nation to sterilize many more. Holmes got his wish, and before the madness ended some sixty to seventy thousand Americans were sterilized. Cohen overturns cherished myths and demolishes lauded figures in relentless pursuit of the truth. With the intellectual force of a legal brief and the passion of a front-page exposé, Imbeciles is an ardent indictment of our champions of justice and our optimistic faith in progress, as well as a triumph of American legal and social history. From the Hardcover edition.
Author: Theodore B. Olson
Release Date: 2014-06-17
“Breathtakingly inspiring.” —Laurence H. Tribe, Professor of Constitutional Law, Harvard Law School When advocates for marriage equality sought to challenge California’s notorious Proposition 8, they were fortunate to have the support of two of the nation’s preeminent lawyers, David Boies and Theodore B. Olson. Despite the fact that they had argued against one another in the landmark Bush v. Gore case, their commitment to the marriage issue led them to join forces, ultimately defeating the unconstitutional proposition in the Supreme Court after a nearly five-year battle. Redeeming the Dream is the definitive inside account of the key civil rights struggle of our time.
Author: Raymond Bonner
Release Date: 2013
From Pulitzer Prize winner Raymond Bonner, the gripping story of a grievously mishandled murder case that put a twenty-three-year-old man on death row. In January 1982, an elderly white widow was found brutally murdered in the small town of Greenwood, South Carolina. Police immediately arrested Edward Lee Elmore, a semiliterate, mentally retarded black man with no previous felony record. His only connection to the victim was having cleaned her gutters and windows, but barely ninety days after the victim's body was found, he was tried, convicted, and sentenced to death. Elmore had been on death row for eleven years when a young attorney named Diana Holt first learned of his case. With the exemplary moral commitment and tenacious investigation that have distinguished his reporting career, Bonner follows Holt's battle to save Elmore's life and shows us how his case is a textbook example of what can go wrong in the American justice system. Moving, enraging, suspenseful, and enlightening, Anatomy of Injustice is a vital contribution to our nation's ongoing, increasingly important debate about inequality and the death penalty.
Author: Richard M. Pious
Publisher: Oxford University Press, USA
Release Date: 2006-03-06
Genre: Political Science
Pious' book provides a detailed discussion of due process issues invoked by the George W. Bush administration's war on terror. This book questions the premise that the government's obligation to protect Americans from terrorist acts leads to an inevitable tradeoff between constitutional and legal guarantees of due process. Instead, Pious argues that bringing terrorists to justice through the due process of law provides more rather than less security. The introductory chapter begins by laying out worst-case scenarios for terrorist attacks on the United States. Case studies of recent court cases document that when law enforcement takes shortcuts it may not only result in the imprisonment of innocent people, but also distorts or falsifies the intelligence needed to deploy law enforcement resources in the most efficient manner. Subsequent chapters apply this perspective to such topics as government surveillance (including warrantless surveillance), data-mining, immigration "hold and clear" hearings, the application of material support and material witness statutes, rules of evidence determining access to witnesses, the indefinite detention of American citizens and non-citizens, the use of military hearings, and the authorized and unauthorized mistreatment of detainees to obtain intelligence. Pious provides accessible, up-to-date materials such as testimony and speeches by Bush administration officials presenting their arguments for an "intelligence-driven" approach rather than a due process approach to combat terrorism, congressional testimony refuting these claims, proposed legislation to require adherence to due process of law, recent statute law delegating extensive power to government officials, and federal cases attempting to strike a balance between governmental prerogative claims and the rights of defendants. The cases have been extensively edited to make them accessible to undergraduate students and other non-lawyers. The author provides extensive commentaries and notes, some of which are based on his own research, and others that present alternative viewpoints. These are designed to stimulate students, organize class discussion, and point out further avenues of research and inquiry. Suggested readings at the end of the book provide students with a preliminary bibliography for short essays or longer research papers.
A nonfiction legal thriller that traces the fourteen-year struggle of two lawyers to bring the most powerful coal baron in American history, Don Blankenship, to justice Don Blankenship, head of Massey Energy since the early 1990s, ran an industry that provides nearly half of America's electric power. But wealth and influence weren't enough for Blankenship and his company, as they set about destroying corporate and personal rivals, challenging the Constitution, purchasing the West Virginia judiciary, and willfully disregarding safety standards in the company's mines—in which scores died unnecessarily. As Blankenship hobnobbed with a West Virginia Supreme Court justice in France, his company polluted the drinking water of hundreds of citizens while he himself fostered baroque vendettas against anyone who dared challenge his sovereignty over coal mining country. Just about the only thing that stood in the way of Blankenship's tyranny over a state and an industry was a pair of odd-couple attorneys, Dave Fawcett and Bruce Stanley, who undertook a legal quest to bring justice to this corner of America. From the backwoods courtrooms of West Virginia they pursued their case all the way to the U.S. Supreme Court, and to a dramatic decision declaring that the wealthy and powerful are not entitled to purchase their own brand of law. The Price of Justice is a story of corporate corruption so far-reaching and devastating it could have been written a hundred years ago by Ida Tarbell or Lincoln Steffens. And as Laurence Leamer demonstrates in this captivating tale, because it's true, it's scarier than fiction.
Author: Yvonne Zylan
Publisher: Oxford University Press
Release Date: 2011-04-20
In States of Passion: Law, Identity and the Social Construction of Desire, Professor Yvonne Zylan explores the role of legal discourse in shaping sexual experience, sexual expression, and sexual identity. The book focuses on three topics: anti-gay hate crime laws, same-sex sexual harassment, and same-sex marriage, examining how sexuality is socially constructed through the institutionally-specific production of legal discourse. States of Passion argues that law's power to authorize specific discourses and practices of love, desire, hatred, fear, and vulnerability remain grounded in the powerful discourses and institutional practices that mark law as dispassionate, cerebral, and fundamentally procedural. States of Passion contends that those states of passion we experience in our daily lives as particularly significant-to our sense of self, to our collective and social identities, and to our ideas about the body and its dictates-increasingly have as much to do with the state as they do with passion.
What role did crystal meth and other previously underreported factors play in the brutal murder of gay college student Matthew Shepard? The Book of Matt is a page-turning cautionary tale that humanizes and de-mythologizes Matthew while following the evidence where it leads, without regard to the politics that have long attended this American tragedy. Late on the night of October 6, 1998, twenty-one-year-old Matthew Shepard left a bar in Laramie, Wyoming with two alleged “strangers,” Aaron McKinney and Russell Henderson. Eighteen hours later, Matthew was found tied to a log fence on the outskirts of town, unconscious and barely alive. He had been pistol-whipped so severely that the mountain biker who discovered his battered frame mistook him for a Halloween scarecrow. Overnight, a politically expedient myth took the place of important facts. By the time Matthew died a few days later, his name was synonymous with anti-gay hate. Stephen Jimenez went to Laramie to research the story of Matthew Shepard’s murder in 2000, after the two men convicted of killing him had gone to prison, and after the national media had moved on. His aim was to write a screenplay on what he, and the rest of the nation, believed to be an open-and-shut case of bigoted violence. As a gay man, he felt an added moral imperative to tell Matthew’s story. But what Jimenez eventually found in Wyoming was a tangled web of secrets. His exhaustive investigation also plunged him deep into the deadly underworld of drug trafficking. Over the course of a thirteen-year investigation, Jimenez traveled to twenty states and Washington DC, and interviewed more than a hundred named sources. The Book of Matt is sure to stir passions and inspire dialogue as it re-frames this misconstrued crime and its cast of characters, proving irrefutably that Matthew Shepard was not killed for being gay but for reasons far more complicated — and daunting. From the Hardcover edition.
Author: Allan Ides
Publisher: Wolters Kluwer Law & Business
Release Date: 2015-12-18
A favorite among successful students, and often recommended by professors, the unique Examples & Explanations series gives you extremely clear introductions to concepts followed by realistic examples that mirror those presented in the classroom throughout the semester. Use at the beginning and midway through the semester to deepen your understanding through clear explanations, corresponding hypothetical fact patterns, and analysis. Then use to study for finals by reviewing the hypotheticals as well as the structure and reasoning behind the accompanying analysis. Designed to complement your casebook, the trusted Examples & Explanations titles get right to the point in a conversational, often humorous style that helps you learn the material each step of the way and prepare for the exam at the end of the course. The unique, time-tested Examples & Explanations series is invaluable to teach yourself the subject from the first day of class until your last review before the final. Each guide: helps you learn new material by working through chapters that explain each topic in simple language challenges your understanding with hypotheticals similar to those presented in class provides valuable opportunity to study for the final by reviewing the hypotheticals as well as the structure and reasoning behind the corresponding analysis quickly gets to the point in conversational style laced with humor remains a favorite among law school students is often recommended by professors who encourage the use of study guides works with ALL the major casebooks, suits any class on a given topic provides an alternative perspective to help you understand your casebook and in-class lectures