Sex and the Constitution: Sex, Religion, and Law from America's Origins to the Twenty-First Century

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Publisher : Liveright Publishing
ISBN 13 : 1631493655
Total Pages : 704 pages
Book Rating : 4.6/5 (314 download)

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Book Synopsis Sex and the Constitution: Sex, Religion, and Law from America's Origins to the Twenty-First Century by : Geoffrey R. Stone

Download or read book Sex and the Constitution: Sex, Religion, and Law from America's Origins to the Twenty-First Century written by Geoffrey R. Stone and published by Liveright Publishing. This book was released on 2017-03-21 with total page 704 pages. Available in PDF, EPUB and Kindle. Book excerpt: A New York Times Book Review Editors’ Choice Selection A “volume of lasting significance” that illuminates how the clash between sex and religion has defined our nation’s history (Lee C. Bollinger, president, Columbia University). Lauded for “bringing a bracing and much-needed dose of reality about the Founders’ views of sexuality” (New York Review of Books), Geoffrey R. Stone’s Sex and the Constitution traces the evolution of legal and moral codes that have legislated sexual behavior from America’s earliest days to today’s fractious political climate. This “fascinating and maddening” (Pittsburgh Post-Gazette) narrative shows how agitators, moralists, and, especially, the justices of the Supreme Court have navigated issues as divisive as abortion, homosexuality, pornography, and contraception. Overturning a raft of contemporary shibboleths, Stone reveals that at the time the Constitution was adopted there were no laws against obscenity or abortion before the midpoint of pregnancy. A pageant of historical characters, including Voltaire, Thomas Jefferson, Anthony Comstock, Margaret Sanger, and Justice Anthony Kennedy, enliven this “commanding synthesis of scholarship” (Publishers Weekly) that dramatically reveals how our laws about sex, religion, and morality reflect the cultural schisms that have cleaved our nation from its founding.

How Sex Became a Civil Liberty

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Publisher : Oxford University Press
ISBN 13 : 0190206527
Total Pages : 342 pages
Book Rating : 4.1/5 (92 download)

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Book Synopsis How Sex Became a Civil Liberty by : Leigh Ann Wheeler

Download or read book How Sex Became a Civil Liberty written by Leigh Ann Wheeler and published by Oxford University Press. This book was released on 2013 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'How Sex Became a Civil Liberty' shows how we came to see sexual expression, sexual practice, and sexual privacy as fundamental rights enshrined in the Constitution, thanks to the work of ACLU leaders and attorneys who forged legal principles that advanced the sexual revolution.

The Free Speech Century

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Publisher : Oxford University Press, USA
ISBN 13 : 0190841370
Total Pages : 377 pages
Book Rating : 4.1/5 (98 download)

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Book Synopsis The Free Speech Century by : Geoffrey R. Stone

Download or read book The Free Speech Century written by Geoffrey R. Stone and published by Oxford University Press, USA. This book was released on 2018-12-04 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Supreme Court's 1919 decision in Schenck vs. the United States is one of the most important free speech cases in American history. Written by Oliver Wendell Holmes, it is most famous for first invoking the phrase "clear and present danger." Although the decision upheld the conviction of an individual for criticizing the draft during World War I, it also laid the foundation for our nation's robust protection of free speech. Over time, the standard Holmes devised made freedom of speech in America a reality rather than merely an ideal. In The Free Speech Century, two of America's leading First Amendment scholars, Lee C. Bollinger and Geoffrey R. Stone, have gathered a group of the nation's leading constitutional scholars--Cass Sunstein, Lawrence Lessig, Laurence Tribe, Kathleen Sullivan, Catherine McKinnon, among others--to evaluate the evolution of free speech doctrine since Schenk and to assess where it might be headed in the future. Since 1919, First Amendment jurisprudence in America has been a signal development in the history of constitutional democracies--remarkable for its level of doctrinal refinement, remarkable for its lateness in coming (in relation to the adoption of the First Amendment), and remarkable for the scope of protection it has afforded since the 1960s. Over the course of The First Amendment Century, judicial engagement with these fundamental rights has grown exponentially. We now have an elaborate set of free speech laws and norms, but as Stone and Bollinger stress, the context is always shifting. New societal threats like terrorism, and new technologies of communication continually reshape our understanding of what speech should be allowed. Publishing on the one hundredth anniversary of the decision that laid the foundation for America's free speech tradition, The Free Speech Century will serve as an essential resource for anyone interested in how our understanding of the First Amendment transformed over time and why it is so critical both for the United States and for the world today.

Keeping Faith with the Constitution

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Publisher : Oxford University Press
ISBN 13 : 0199750661
Total Pages : 272 pages
Book Rating : 4.1/5 (997 download)

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Book Synopsis Keeping Faith with the Constitution by : Goodwin Liu

Download or read book Keeping Faith with the Constitution written by Goodwin Liu and published by Oxford University Press. This book was released on 2010-08-05 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.

Model Rules of Professional Conduct

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Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)

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Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

The Framers' Coup

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Publisher : Oxford University Press
ISBN 13 : 0199942048
Total Pages : 240 pages
Book Rating : 4.1/5 (999 download)

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Book Synopsis The Framers' Coup by : Michael J. Klarman

Download or read book The Framers' Coup written by Michael J. Klarman and published by Oxford University Press. This book was released on 2016-09-16 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Americans revere their Constitution. However, most of us are unaware how tumultuous and improbable the drafting and ratification processes were. As Benjamin Franklin keenly observed, any assembly of men bring with them "all their prejudices, their passions, their errors of opinion, their local interests and their selfish views." One need not deny that the Framers had good intentions in order to believe that they also had interests. Based on prodigious research and told largely through the voices of the participants, Michael Klarman's The Framers' Coup narrates how the Framers' clashing interests shaped the Constitution--and American history itself. The Philadelphia convention could easily have been a failure, and the risk of collapse was always present. Had the convention dissolved, any number of adverse outcomes could have resulted, including civil war or a reversion to monarchy. Not only does Klarman capture the knife's-edge atmosphere of the convention, he populates his narrative with riveting and colorful stories: the rebellion of debtor farmers in Massachusetts; George Washington's uncertainty about whether to attend; Gunning Bedford's threat to turn to a European prince if the small states were denied equal representation in the Senate; slave staters' threats to take their marbles and go home if denied representation for their slaves; Hamilton's quasi-monarchist speech to the convention; and Patrick Henry's herculean efforts to defeat the Constitution in Virginia through demagoguery and conspiracy theories. The Framers' Coup is more than a compendium of great stories, however, and the powerful arguments that feature throughout will reshape our understanding of the nation's founding. Simply put, the Constitutional Convention almost didn't happen, and once it happened, it almost failed. And, even after the convention succeeded, the Constitution it produced almost failed to be ratified. Just as importantly, the Constitution was hardly the product of philosophical reflections by brilliant, disinterested statesmen, but rather ordinary interest group politics. Multiple conflicting interests had a say, from creditors and debtors to city dwellers and backwoodsmen. The upper class overwhelmingly supported the Constitution; many working class colonists were more dubious. Slave states and nonslave states had different perspectives on how well the Constitution served their interests. Ultimately, both the Constitution's content and its ratification process raise troubling questions about democratic legitimacy. The Federalists were eager to avoid full-fledged democratic deliberation over the Constitution, and the document that was ratified was stacked in favor of their preferences. And in terms of substance, the Constitution was a significant departure from the more democratic state constitutions of the 1770s. Definitive and authoritative, The Framers' Coup explains why the Framers preferred such a constitution and how they managed to persuade the country to adopt it. We have lived with the consequences, both positive and negative, ever since.

America’s Religious Wars

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Publisher : Yale University Press
ISBN 13 : 0300245378
Total Pages : 347 pages
Book Rating : 4.3/5 (2 download)

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Book Synopsis America’s Religious Wars by : Kathleen M. Sands

Download or read book America’s Religious Wars written by Kathleen M. Sands and published by Yale University Press. This book was released on 2019-06-04 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: How American conflicts about religion have always symbolized our foundational political values When Americans fight about “religion,” we are also fighting about our conflicting identities, interests, and commitments. Religion-talk has been a ready vehicle for these conflicts because it is built on enduring contradictions within our core political values. The Constitution treats religion as something to be confined behind a wall, but in public communications, the Framers treated religion as the foundation of the American republic. Ever since, Americans have translated disagreements on many other issues into an endless debate about the role of religion in our public life. Built around a set of compelling narratives—George Washington’s battle with Quaker pacifists; the fight of Mormons and Catholics for equality with Protestants; Teddy Roosevelt’s concept of land versus the Lakota’s concept; the creation-evolution controversy; and the struggle over sexuality—this book shows how religion, throughout American history, has symbolized, but never resolved, our deepest political questions.

Perilous Times

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Publisher : W. W. Norton & Company
ISBN 13 : 9780393058802
Total Pages : 758 pages
Book Rating : 4.0/5 (588 download)

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Book Synopsis Perilous Times by : Geoffrey R. Stone

Download or read book Perilous Times written by Geoffrey R. Stone and published by W. W. Norton & Company. This book was released on 2004 with total page 758 pages. Available in PDF, EPUB and Kindle. Book excerpt: Geoffrey Stone's Perilous Times incisively investigates how the First Amendment and other civil liberties have been compromised in America during wartime. Stone delineates the consistent suppression of free speech in six historical periods from the Sedition Act of 1798 to the Vietnam War, and ends with a coda that examines the state of civil liberties in the Bush era. Full of fresh legal and historical insight, Perilous Times magisterially presents a dramatic cast of characters who influenced the course of history over a two-hundred-year period: from the presidents—Adams, Lincoln, Wilson, Roosevelt, and Nixon—to the Supreme Court justices—Taney, Holmes, Brandeis, Black, and Warren—to the resisters—Clement Vallandingham, Emma Goldman, Fred Korematsu, and David Dellinger. Filled with dozens of rare photographs, posters, and historical illustrations, Perilous Times is resonant in its call for a new approach in our response to grave crises.

The Mormon Question

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Publisher : Univ of North Carolina Press
ISBN 13 : 0807875260
Total Pages : 352 pages
Book Rating : 4.8/5 (78 download)

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Book Synopsis The Mormon Question by : Sarah Barringer Gordon

Download or read book The Mormon Question written by Sarah Barringer Gordon and published by Univ of North Carolina Press. This book was released on 2003-01-14 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the Mormon Church's public announcement of its sanction of polygamy in 1852 until its formal decision to abandon the practice in 1890, people on both sides of the "Mormon question" debated central questions of constitutional law. Did principles of religious freedom and local self-government protect Mormons' claim to a distinct, religiously based legal order? Or was polygamy, as its opponents claimed, a new form of slavery--this time for white women in Utah? And did constitutional principles dictate that democracy and true liberty were founded on separation of church and state? As Sarah Barringer Gordon shows, the answers to these questions finally yielded an apparent victory for antipolygamists in the late nineteenth century, but only after decades of argument, litigation, and open conflict. Victory came at a price; as attention and national resources poured into Utah in the late 1870s and 1880s, antipolygamists turned more and more to coercion and punishment in the name of freedom. They also left a legacy in constitutional law and political theory that still governs our treatment of religious life: Americans are free to believe, but they may well not be free to act on their beliefs.

The Poverty of Privacy Rights

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Publisher : Stanford University Press
ISBN 13 : 1503602303
Total Pages : 296 pages
Book Rating : 4.5/5 (36 download)

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Book Synopsis The Poverty of Privacy Rights by : Khiara M. Bridges

Download or read book The Poverty of Privacy Rights written by Khiara M. Bridges and published by Stanford University Press. This book was released on 2017-06-27 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Poverty of Privacy Rights makes a simple, controversial argument: Poor mothers in America have been deprived of the right to privacy. The U.S. Constitution is supposed to bestow rights equally. Yet the poor are subject to invasions of privacy that can be perceived as gross demonstrations of governmental power without limits. Courts have routinely upheld the constitutionality of privacy invasions on the poor, and legal scholars typically understand marginalized populations to have "weak versions" of the privacy rights everyone else enjoys. Khiara M. Bridges investigates poor mothers' experiences with the state—both when they receive public assistance and when they do not. Presenting a holistic view of just how the state intervenes in all facets of poor mothers' privacy, Bridges shows how the Constitution has not been interpreted to bestow these women with family, informational, and reproductive privacy rights. Bridges seeks to turn popular thinking on its head: Poor mothers' lack of privacy is not a function of their reliance on government assistance—rather it is a function of their not bearing any privacy rights in the first place. Until we disrupt the cultural narratives that equate poverty with immorality, poor mothers will continue to be denied this right.

Sexual Health, Human Rights and the Law

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Publisher :
ISBN 13 : 9789241564984
Total Pages : 72 pages
Book Rating : 4.5/5 (649 download)

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Book Synopsis Sexual Health, Human Rights and the Law by : World Health Organization

Download or read book Sexual Health, Human Rights and the Law written by World Health Organization and published by . This book was released on 2015-06-17 with total page 72 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report demonstrates the relationship between sexual health, human rights and the law. Drawing from a review of public health evidence and extensive research into human rights law at international, regional and national levels, the report shows how states in different parts of the world can and do support sexual health through legal and other mechanisms that are consistent with human rights standards and their own human rights obligations.

Reproductive Ethics in Clinical Practice

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Publisher : Oxford University Press
ISBN 13 : 0190873027
Total Pages : 289 pages
Book Rating : 4.1/5 (98 download)

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Book Synopsis Reproductive Ethics in Clinical Practice by : Julie Chor

Download or read book Reproductive Ethics in Clinical Practice written by Julie Chor and published by Oxford University Press. This book was released on 2021 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Like all clinicians, reproductive health care providers face specialty-specific ethical questions. However, the first editor of this book, Dr. Julie Chor (JC), has never found an ethics text that is tailored to the needs of practicing clinicians, students, and trainees in Reproductive Healthcare. This is an unfortunate gap in the literature, because whether reproductive health providers come from Obstetrics and Gynecology, Family Medicine, Pediatrics or another field, they all must be able to identify and analyze complex ethical issues that lie at the crossroads of patient decision-making, scientific advancement, political controversy, government regulation, and profound moral considerations in the context of continually evolving medical, legal, and societal factors. To fill this gap, Dr. Chor invited co-editor Professor Katie Watson (KW) to partner in creating the text that she has always longed to use but has never found as an Obstetrician-Gynecologist practicing and teaching in this complex milieu"--

Sex, Sexuality, and the Constitution

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Publisher : UBC Press
ISBN 13 : 077486818X
Total Pages : 337 pages
Book Rating : 4.7/5 (748 download)

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Book Synopsis Sex, Sexuality, and the Constitution by : Shigenori Matsui

Download or read book Sex, Sexuality, and the Constitution written by Shigenori Matsui and published by UBC Press. This book was released on 2023-05-01 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sex and sexuality are an integral part of human life and vital for the survival of the human race, but sexual freedoms in many countries have yet to be enshrined as constitutional rights. Focusing primarily on Japan, Shigenori Matsui explores the extent to which governments should be allowed to restrict or influence sexual autonomy. Should a constitution encompass rights including: to decide or change sexual or gender identity; to have children, through natural birth or through medically assisted reproduction; or to not have children, through access to abortion? This rigorously detailed legal analysis has implications for government policy in all countries facing similar issues.

Christians Against Christianity

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Publisher : Beacon Press
ISBN 13 : 080705741X
Total Pages : 234 pages
Book Rating : 4.8/5 (7 download)

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Book Synopsis Christians Against Christianity by : Obery M. Hendricks Jr

Download or read book Christians Against Christianity written by Obery M. Hendricks Jr and published by Beacon Press. This book was released on 2021-07-06 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: A timely and galvanizing work that examines how right-wing evangelical Christians have veered from an admirable faith to a pernicious, destructive ideology. Today’s right-wing Evangelical Christianity stands as the very antithesis of the message of Jesus Christ. In his new book, Christians Against Christianity, best-selling author and religious scholar Obery M. Hendricks Jr. challenges right-wing evangelicals on the terrain of their own religious claims, exposing the falsehoods, contradictions, and misuses of the Bible that are embedded in their rabid homophobia, their poorly veiled racism and demonizing of immigrants and Muslims, and their ungodly alliance with big business against the interests of American workers. He scathingly indicts the religious leaders who helped facilitate the rise of the notoriously unchristian Donald Trump, likening them to the “court jesters” and hypocritical priestly sycophants of bygone eras who unquestioningly supported their sovereigns’ every act, no matter how hateful or destructive to those they were supposed to serve. In the wake of the deadly insurrectionist attack on the US Capitol, Christians Against Christianity is a clarion call to stand up to the hypocrisy of the evangelical Right, as well as a guide for Christians to return their faith to the life-affirming message that Jesus brought and died for. What Hendricks offers is a provocative diagnosis, an urgent warning that right-wing evangelicals’ aspirations for Christian nationalist supremacy are a looming threat, not only to Christian decency but to democracy itself. What they offer to America is anything but good news.

Intimate States

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Publisher : University of Chicago Press
ISBN 13 : 022679489X
Total Pages : 363 pages
Book Rating : 4.2/5 (267 download)

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Book Synopsis Intimate States by : Margot Canaday

Download or read book Intimate States written by Margot Canaday and published by University of Chicago Press. This book was released on 2021-09-06 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fourteen essays examine the unexpected relationships between government power and intimate life in the last 150 years of United States history. The last few decades have seen a surge of historical scholarship that analyzes state power and expands our understanding of governmental authority and the ways we experience it. At the same time, studies of the history of intimate life—marriage, sexuality, child-rearing, and family—also have blossomed. Yet these two literatures have not been considered together in a sustained way. This book, edited and introduced by three preeminent American historians, aims to close this gap, offering powerful analyses of the relationship between state power and intimate experience in the United States from the Civil War to the present. The fourteen essays that make up Intimate States argue that “intimate governance”—the binding of private daily experience to the apparatus of the state—should be central to our understanding of modern American history. Our personal experiences have been controlled and arranged by the state in ways we often don’t even see, the authors and editors argue; correspondingly, contemporary government has been profoundly shaped by its approaches and responses to the contours of intimate life, and its power has become so deeply embedded into daily social life that it is largely indistinguishable from society itself. Intimate States makes a persuasive case that the state is always with us, even in our most seemingly private moments.

The Oxford Handbook of Feminism and Law in the United States

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Publisher : Oxford University Press
ISBN 13 : 0197520014
Total Pages : 737 pages
Book Rating : 4.1/5 (975 download)

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Book Synopsis The Oxford Handbook of Feminism and Law in the United States by : Deborah L. Brake

Download or read book The Oxford Handbook of Feminism and Law in the United States written by Deborah L. Brake and published by Oxford University Press. This book was released on 2023-07-11 with total page 737 pages. Available in PDF, EPUB and Kindle. Book excerpt: Combining analyses of feminist legal theory, legal doctrine, and feminist social movements, The Oxford Handbook of Feminism and Law in the United States offers a comprehensive overview of U.S. legal feminism. Contributions by leading feminist thinkers trace the impacts of legal feminism on legal claims and defenses and demonstrate how feminism has altered and transformed understandings of basic legal concepts, from sexual harassment and gender equity in sports to new conceptions of consent and motherhood. Its chapters connect legal feminism to adjacent intellectual discourses, such as masculinities theory and queer theory, and scrutinize criticisms and backlash to feminism from all sides of the political spectrum. Its examination of the prominent brands of feminist legal theory shows the links and divergences among feminist scholars, highlighting the continued relevance of established theories (liberal, dominance, and relational feminism) and the increased importance of new intersectional, sex-positive, and postmodern approaches. Unique in its triple focus on theory, doctrine, and social movements, the Handbook recounts the history of activist struggles to pass the Equal Right Amendment, the Anti-Rape and Battered Movements of the 1970s, the contemporary movements for reproductive justice and against campus sexual assault, as well as the #MeToo movement. The emphasis on theory and feminist practice animates discussions of feminist legal pedagogy and feminist influences on judges and judicial decision making. Chapters on emerging areas of law ripe for feminist analysis explore foundational subjects such as contracts, tax, and tort law, and imagine feminist and social justice approaches to digital privacy and intellectual property law, environmental law, and immigration law. The Handbook provides a broad picture of the intellectual landscape and allows both new and established scholars to gain an in-depth understanding of the full range of feminist influence on U.S. law.

The Cambridge History of American Modernism

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Publisher : Cambridge University Press
ISBN 13 : 1108808026
Total Pages : 948 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis The Cambridge History of American Modernism by : Mark Whalan

Download or read book The Cambridge History of American Modernism written by Mark Whalan and published by Cambridge University Press. This book was released on 2023-06-30 with total page 948 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Cambridge History of American Modernism examines one of the most innovative periods of American literary history. It offers a comprehensive account of the forms, genres, and media that characterized US modernism: coverage ranges from the traditional, such as short stories, novels, and poetry, to the new media that shaped the period's literary culture, such as jazz, cinema, the skyscraper, and radio. This volume charts how recent methodologies such as ecocriticism, geomodernism, and print culture studies have refashioned understandings of the field, and attends to the contestations and inequities of race, sovereignty, gender, sexuality, and ethnicity that shaped the period and its cultural production. It also explores the geographies and communities wherein US modernism flourished-from its distinctive regions to its metropolitan cities, from its hemispheric connections to the salons and political groupings that hosted new cultural collaborations.