Flagrant Conduct: The Story of Lawrence v. Texas

Flagrant Conduct: The Story of Lawrence v. Texas
Author: Dale Carpenter
Publisher: W. W. Norton & Company
Total Pages: 368
Release: 2012-03-12
Genre: Law
ISBN: 0393081966

“A highly informative, detailed, even thrilling account of how the Supreme Court arguments reshaped American law.”—Michael Bronkski, San Francisco Chronicle No one could have predicted that the night of September 17, 1998, would be anything but routine in Houston, Texas. Even the call to police that a black man was "going crazy with a gun" was hardly unusual in this urban setting. Nobody could have imagined that the arrest of two men for a minor criminal offense would reverberate in American constitutional law, exposing a deep malignity in our judicial system and challenging the traditional conception of what makes a family. Indeed, when Harris County sheriff’s deputies entered the second-floor apartment, there was no gun. Instead, they reported that they had walked in on John Lawrence and Tyron Garner having sex in Lawrence’s bedroom. So begins Dale Carpenter’s "gripping and brilliantly researched" Flagrant Conduct, a work nine years in the making that transforms our understanding of what we thought we knew about Lawrence v. Texas, the landmark Supreme Court decision of 2003 that invalidated America’s sodomy laws. Drawing on dozens of interviews, Carpenter has taken on the "gargantuan" task of extracting the truth about the case, analyzing the claims of virtually every person involved. Carpenter first introduces us to the interracial defendants themselves, who were hardly prepared "for the strike of lightning" that would upend their lives, and then to the Harris County arresting officers, including a sheriff’s deputy who claimed he had "looked eye to eye" in the faces of the men as they allegedly fornicated. Carpenter skillfully navigates Houston’s complex gay world of the late 1990s, where a group of activists and court officers, some of them closeted themselves, refused to bury what initially seemed to be a minor arrest. The author charts not only the careful legal strategy that Lambda Legal attorneys adopted to make the case compatible to a conservative Supreme Court but also the miscalculations of the Houston prosecutors who assumed that the nation’s extant sodomy laws would be upheld. Masterfully reenacting the arguments that riveted spectators and Justices alike in 2003, Flagrant Conduct then reaches a point where legal history becomes literature, animating a Supreme Court decision as few writers have done. In situating Lawrence v. Texas within the larger framework of America’s four-century persecution of gay men and lesbians, Flagrant Conduct compellingly demonstrates that gay history is an integral part of our national civil rights story.

Practical Equality: Forging Justice in a Divided Nation

Practical Equality: Forging Justice in a Divided Nation
Author: Robert L. Tsai
Publisher: W. W. Norton & Company
Total Pages: 262
Release: 2019-02-19
Genre: Law
ISBN: 0393652033

“A work of striking political and legal imagination.” —Aziz Rana, author of The Two Faces of American Freedom Robert L. Tsai offers a stirring account of how legal ideas that aren’t necessarily about equality have often been used to overcome resistance to justice and remain vital today. From the oppression of emancipated slaves after the Civil War, to the internment of Japanese Americans during World War II, to President Trump’s ban on Muslim travelers, Tsai applies lessons from past struggles to pressing contemporary issues.

Flagrant Conduct

Flagrant Conduct
Author: Dale Carpenter
Publisher: WW Norton
Total Pages: 0
Release: 2013-06-18
Genre: History
ISBN: 9780393345124

“A highly informative, detailed, even thrilling account of how the Supreme Court arguments reshaped American law.”—Michael Bronkski, San Francisco Chronicle No one could have predicted that the night of September 17, 1998, would be anything but routine in Houston, Texas. Even the call to police that a black man was "going crazy with a gun" was hardly unusual in this urban setting. Nobody could have imagined that the arrest of two men for a minor criminal offense would reverberate in American constitutional law, exposing a deep malignity in our judicial system and challenging the traditional conception of what makes a family. Indeed, when Harris County sheriff’s deputies entered the second-floor apartment, there was no gun. Instead, they reported that they had walked in on John Lawrence and Tyron Garner having sex in Lawrence’s bedroom. So begins Dale Carpenter’s "gripping and brilliantly researched" Flagrant Conduct, a work nine years in the making that transforms our understanding of what we thought we knew about Lawrence v. Texas, the landmark Supreme Court decision of 2003 that invalidated America’s sodomy laws. Drawing on dozens of interviews, Carpenter has taken on the "gargantuan" task of extracting the truth about the case, analyzing the claims of virtually every person involved. Carpenter first introduces us to the interracial defendants themselves, who were hardly prepared "for the strike of lightning" that would upend their lives, and then to the Harris County arresting officers, including a sheriff’s deputy who claimed he had "looked eye to eye" in the faces of the men as they allegedly fornicated. Carpenter skillfully navigates Houston’s complex gay world of the late 1990s, where a group of activists and court officers, some of them closeted themselves, refused to bury what initially seemed to be a minor arrest. The author charts not only the careful legal strategy that Lambda Legal attorneys adopted to make the case compatible to a conservative Supreme Court but also the miscalculations of the Houston prosecutors who assumed that the nation’s extant sodomy laws would be upheld. Masterfully reenacting the arguments that riveted spectators and Justices alike in 2003, Flagrant Conduct then reaches a point where legal history becomes literature, animating a Supreme Court decision as few writers have done. In situating Lawrence v. Texas within the larger framework of America’s four-century persecution of gay men and lesbians, Flagrant Conduct compellingly demonstrates that gay history is an integral part of our national civil rights story.

Accidental Activists

Accidental Activists
Author: David Collins
Publisher: University of North Texas Press
Total Pages: 447
Release: 2017-08-15
Genre: Social Science
ISBN: 1574417037

In early 2013 same-sex marriage was legal in only ten states and the District of Columbia. That year the Supreme Court’s decision in United States v. Windsor appeared to open the door to marriage equality. In Texas, Mark Phariss and Vic Holmes, together for sixteen years and deeply in love, wondered why no one had stepped across the threshold to challenge their state’s 2005 constitutional amendment prohibiting same-sex marriage. They agreed to join a lawsuit being put together by Akin Gump Strauss Hauer & Feld LLD. Two years later—after tense battles in the Federal District Court for the Western District of Texas and in the Fifth Circuit Court of Appeals, after sitting through oral arguments at the Supreme Court of the United States in Obergefell v. Hodges—they won the right to marry deep in the heart of Texas. But the road they traveled was never easy. Accidental Activists is the deeply moving story of two men who struggled to achieve the dignity of which Justice Anthony Kennedy spoke in a series of Supreme Court decisions that recognized the “personhood,” the essential humanity of gays and lesbians. Author David Collins tells Mark and Vic’s story in the context of legal and social history and explains the complex legal issues and developments surrounding same-sex marriage in layman’s terms.

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

Sex and the Constitution: Sex, Religion, and Law from America's Origins to the Twenty-First Century
Author: Geoffrey R. Stone
Publisher: Liveright Publishing
Total Pages: 935
Release: 2017-03-21
Genre: Law
ISBN: 1631493655

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.

Homies and Hermanos

Homies and Hermanos
Author: Robert Brenneman
Publisher: OUP USA
Total Pages: 309
Release: 2012
Genre: Religion
ISBN: 0199753849

Using the tools of sociological theory, Robert Brenneman seeks to discover why a pot-smoking, gun-wielding "homie" gang member would want to trade in la vida loca for a Bible and the buttoned-down lifestyle of an evangelical hermano (brother in Christ) - and to what extent this strategy works for the many youth who have tried it.

Redeeming the Dream

Redeeming the Dream
Author: David Boies
Publisher: Penguin
Total Pages: 322
Release: 2015
Genre: Biography & Autobiography
ISBN: 014751620X

Previous edition published under the title Redeeming the dream: the case for marriage equality.

The Free Speech Century

The Free Speech Century
Author: Lee C. Bollinger
Publisher:
Total Pages: 377
Release: 2019
Genre: Law
ISBN: 0190841370

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.

Sex and the Supreme Court

Sex and the Supreme Court
Author: Saurabh Kirpal
Publisher: Hachette UK
Total Pages: 352
Release: 2020-08-27
Genre: Law
ISBN: 9389253012

'The Constitution [of India] has within it the ability to produce social catharsis...' At 12.12 p.m. on 6 September 2018, the Supreme Court of India created history by reading down Section 377 - reversing an archaic law laid down by the British in 1860 and decriminalizing homosexuality for the first time in modern India. Yet, this is not the only ruling that the Supreme Court has made in recent times championing the rights of an individual to her or his identity and dignity. From empowering the transgender community and lending teeth to the prevention of sexual harassment of women at the workplace, to protecting the privacy, rights and dignity of women and minorities on issues such as interfaith marriages, entering the Sabarimala temple, the controversial triple talaq and the striking down of the adultery law - the highest court of the land has firmly placed the individual at the centre of the constitutional firmament, and set a course for progressive societal reform. This remarkable collection of writings by legal luminaries is the only book to offer sharp insights into each of these crucial rulings. Justice M.B. Lokur writes on the issues that affect the transgender community; Justice B.D. Ahmed elucidates on Muslim law in the modern context; and Justice A.K. Sikri addresses the fundamental concept of dignity, which binds together all the essays in this book. Some of the best-known names in Indian law - Mukul Rohatgi, Madhavi Divan, Menaka Guruswamy, Arundhati Katju and Saurabh Kirpal - offer legal perspectives of judgements on sex, sexuality and gender. From petitioners like Ritu Dalmia, Keshav Suri and Zainab Patel, we hear personal narratives of being a part of the LGBTQ community in India, while journalist Namita Bhandare provides a powerful account of the struggle against sexual harassment. An unprecedented documentation of the rulings that have set a standard for the rights and liberties of sexual minorities and women in India, Sex and the Supreme Court is also an invaluable record for posterity - for it reveals the power of the country's courts to uphold the privacy, dignity and safety of its citizens.

Without Precedent

Without Precedent
Author: Joel Richard Paul
Publisher: Penguin
Total Pages: 514
Release: 2019-02-19
Genre: Biography & Autobiography
ISBN: 0525533281

From the author of Unlikely Allies and Indivisible comes the remarkable story of John Marshall who, as chief justice, statesman, and diplomat, played a pivotal role in the founding of the United States. No member of America's Founding Generation had a greater impact on the Constitution and the Supreme Court than John Marshall, and no one did more to preserve the delicate unity of the fledgling United States. From the nation's founding in 1776 and for the next forty years, Marshall was at the center of every political battle. As Chief Justice of the United States—the longest-serving in history—he established the independence of the judiciary and the supremacy of the federal Constitution and courts. As the leading Federalist in Virginia, he rivaled his cousin Thomas Jefferson in influence. As a diplomat and secretary of state, he defended American sovereignty against France and Britain, counseled President John Adams, and supervised the construction of the city of Washington. D.C. This is the astonishing true story of how a rough-cut frontiersman⁠—born in Virginia in 1755 and with little formal education—invented himself as one of the nation's preeminent lawyers and politicians who then reinvented the Constitution to forge a stronger nation. Without Precedent is the engrossing account of the life and times of this exceptional man, who with cunning, imagination, and grace shaped America's future as he held together the Supreme Court, the Constitution, and the country itself.