Breeding Contempt

Breeding Contempt

Author: Mark A. Largent

Publisher: Rutgers University Press

Published: 2011

Total Pages: 229

ISBN-13: 0813549981

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From the Publisher: Most closely associated today with the Nazis and World War II atrocities, eugenics is sometimes described as a government-orchestrated breeding program, other times as a pseudo-science, and often as the first step leading to genocide. Less frequently is it depicted as a movement having links to America-a nation that has historically prided itself for its scientific rationality. But eugenics does have a history in the United States-a history that is largely the story of biologist Charles Davenport. Davenport, who led the Eugenics Records Office in the late nineteenth century, provided physicians, social scientists, and lawmakers with the scientific data and authority that enabled them to coercively sterilize men and women who were thought to be socially deviant, unfit to pass on their genes, and unable to raise healthy children. Moreover, Mark A. Largent shows how even in modern times, remnants of eugenics philosophies persist in this country as certain public figures advocate a brand of birth control-such as progesterone shots for male criminals-that are only steps away from the castrations that were once performed.


51 Imperfect Solutions

51 Imperfect Solutions

Author: Judge Jeffrey S. Sutton

Publisher: Oxford University Press

Published: 2018-05-07

Total Pages: 297

ISBN-13: 0190866063

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When we think of constitutional law, we invariably think of the United States Supreme Court and the federal court system. Yet much of our constitutional law is not made at the federal level. In 51 Imperfect Solutions, U.S. Court of Appeals Judge Jeffrey S. Sutton argues that American Constitutional Law should account for the role of the state courts and state constitutions, together with the federal courts and the federal constitution, in protecting individual liberties. The book tells four stories that arise in four different areas of constitutional law: equal protection; criminal procedure; privacy; and free speech and free exercise of religion. Traditional accounts of these bedrock debates about the relationship of the individual to the state focus on decisions of the United States Supreme Court. But these explanations tell just part of the story. The book corrects this omission by looking at each issue-and some others as well-through the lens of many constitutions, not one constitution; of many courts, not one court; and of all American judges, not federal or state judges. Taken together, the stories reveal a remarkably complex, nuanced, ever-changing federalist system, one that ought to make lawyers and litigants pause before reflexively assuming that the United States Supreme Court alone has all of the answers to the most vexing constitutional questions. If there is a central conviction of the book, it's that an underappreciation of state constitutional law has hurt state and federal law and has undermined the appropriate balance between state and federal courts in protecting individual liberty. In trying to correct this imbalance, the book also offers several ideas for reform.