New PDF release: A Vision of American Law: Judging Law, Literature, and the

By Barry R. Schaller

ISBN-10: 0275951111

ISBN-13: 9780275951115

Throughout background, works of literature have helped to form public dialogue of social, criminal, and political concerns. during this booklet, Barry R. Schaller attracts on examples from American literature in offering an research of the felony points of numerous significant difficulties dealing with our society. After deciding upon the major felony relationships in society, the ebook makes a speciality of difficulties of violence, lack of authority, decreased religion within the American dream of growth, and the demanding situations posed by means of monstrous social and technological swap. the writer deals a collection of criteria to function a consultant to potent judicial choice making and to aid the general public in comparing the stability of these decisions.

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Example text

One issue is the extent to which the idea of individual autonomy appears in the governing texts of society and how the power which that autonomy represents can be exercised. Another is whether all individuals in society are equal in their opportunities to exercise and enjoy the autonomy provided. An additional issue is the role of society as a whole in protecting and defining individual autonomy. A final issue is the extent to which individual autonomy may be exercised to defy or thwart society as a whole.

Congress responded to that decision by passing the Flag Protection Act of 1989. That legislation was struck down by the Court in United States v. 53 Political support for a constitutional amendment was not strong enough to prevail. S. Supreme Court—or any court, for that matter—reflect the values of society. V. as well. V. allegedly had burned a cross on a black family’s lawn. The Court held that a bias-motivated crime ordinance prohibiting the display of a symbol which ‘‘arouses anger, alarm or resentment in others on the basis of race, color, creed, religion or gender’’54 was facially invalid under the First Amendment.

The Court protected individual expression over social values even where those values were geared to prohibiting divisive and distasteful speech. Individual Autonomy and State Power 27 Individual speech rights, however, fared differently in Rust v. Sullivan. ’’55 The regulations prohibited Title X projects from engaging in activities advocating abortion as a method of family planning. The regulations did not, the Court reasoned, violate the First Amendment rights of Title X grantees, their staffs, or their patients by imposing viewpoint-discriminatory conditions on government subsidies.

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A Vision of American Law: Judging Law, Literature, and the Stories We Tell by Barry R. Schaller

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