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

The Supreme Court in the Intimate Lives of Americans

Birth, Sex, Marriage, Childrearing, and Death

Paperback Published: 1st June 2004
ISBN: 9780814798638
Number Of Pages: 265

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Choice Outstanding Academic Title 2003...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 JournalIn this truly fascinating and spellbinding work, Ball tells many tales.-- ChoicePersonal 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.

"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

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

ISBN: 9780814798638
ISBN-10: 0814798632
Audience: Tertiary; University or College
Format: Paperback
Language: English
Number Of Pages: 265
Published: 1st June 2004
Publisher: New York University Press
Country of Publication: US
Dimensions (cm): 22.9 x 15.2  x 1.78
Weight (kg): 0.38