附註:Includes bibliographical references (pages 251-258) and index.
"Fundamental" rights versus state interests: the balancing process. "I am not talking very much like a lawyer" -- The U.S. Supreme court and "fundamental" rights -- The liberty and rights protected by the Due Process Clause -- Is there a protected liberty interest for persons having intimate homosexual relations? -- The limits of sexual privacy. Marriage and marital privacy. "I should like to suggest a substantial change for your consideration" -- Heterosexual marriage -- Molecular changes in the definition and reality of the traditional marital relationship -- The dilemma of intimate violence and congressional passage of the Violence Against Women Act (VAWA), 1994 -- Same-sex marriage -- Congressional passage of the Defense of Marriage Act (DOMA), 1996. The "rhapsody of the unitary family". "Something smells about this case" -- Who is family? -- Family privacy versus state interests -- Family privacy rights versus personal autonomy and other constitutional rights. Motherhood or not, that is her decision. "I will be God-damned!" -- Not having children: abortion as a personal right -- After Roe, what are the limits of "state actions" that regulate the abortion procedure? -- After Roe, what are a husband's rights? -- When a minor daughter wants to terminate her pregnancy -- Back into the vortex: the "partial birth" abortion controversy. Raising the child: "father knows best"?. "This is really a ridiculous case to be absorbing our time" -- Raising and educating children -- The mental and physical health and welfare of the child -- Children's rights: visiting the grandparents. "Let me go!": death in the family. "This case should never have been started" -- Terminating life support for an incompetent family member: passive euthanasia -- Physician-assisted suicide: active euthanasia. Family and personal privacy in the twenty-first century. "She kept screaming" -- Is the house still a castle? -- The "medical necessity" exception and federal anti-marijuana-use law.
摘要: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.
