Taking Sides : Clashing Views on Controversial Legal Issues

by KATSH M. ETHAN

• ISBN13: 9780072480405
• ISBN10: 0072480408
• Edition: 10th
• Format: Paperback
• Copyright: 2002-02-14
• Publisher: McGraw-Hill/Dushkin

Summary

This debate-style reader is designed to introduce students to controversies in the law. The readings, which represent the arguments of leading legal scholars, judges, and legal commentators, reflect a variety of viewpoints and are staged as "pro" and "con" debates. Issues debated include the operation of legal institutions; law and social values; and law and crime.

Table of Contents

Preface	i
Introduction: The Role of Law	xi
PART 1 LAW AND THE INDIVIDUAL	1	(134)
Do ``Standardless'' Manual Recounts Violate the Equal Protection and Due Process Clauses of the U.S. Constitution?	2	(14)
YES: U.S. Supreme Court, from Per Curium Opinion, George W. Bush et al. v. Albert Gore, Jr., et al., U.S. Supreme Court (December 12, 2000)	4	(7)
NO: John Paul Stevens, from Dissenting Opinion, George W. Bush et al. v. Albert Gore, Jr., U.S. Supreme Court (December 12, 2000)	11	(5)
Is Abortion Protected by the Constitution?	16	(22)
YES: Sandra Day O'Connor, from Majority Opinion, Planned Parenthood of Southeastern Pennsylvania et al. v. Casey et al., U.S. Supreme Court (1992)	18	(12)
NO: William H. Rehnquist, from Dissenting Opinion, Planned Parenthood of Southeastern Pennsylvania et al. v. Casey et al., U.S. Supreme Court (1992)	30	(8)
Are Restrictions on Physician-Assisted Suicide Constitutional?	38	(24)
YES: William H. Rehnquist, from Majority Opinion, Washington et al. v. Glucksberg et al., U.S. Supreme Court (June 26, 1997)	40	(11)
NO: Stephen Reinhardt, from Majority Opinion, Compassion in Dying v. State of Washington, U.S. Court of Appeals for the Ninth Circuit (1996)	51	(11)
Do People Have a Legal Right to Clone Themselves?	62	(12)
YES: Cass Sunstein, from ``The Constitution and the Clone,'' in Martha C. Nussbaum and Cass R. Sunstein, eds., Clones and Clones: Facts and Fantasies About Human Cloning (W. W. Norton, 1998)	64	(4)
NO: Cass Sunstein, from ``The Constitution and the Clone,'' in Martha C. Nussbaum and Cass R. Sunstein, eds., Clones and Clones: Facts and Fantasies About Human Cloning (W. W. Norton, 1998)	68	(6)
Does the Sharing of Music Files Through Napster Violate Copyright Laws?	74	(24)
YES: Robert R. Beezer, from Majority Opinion, A&M Records, Inc. v. Napster, Inc., U.S. Court of Appeals for the Ninth Circuit (February 12, 2001)	76	(12)
NO: Jessica Litman et al., from Brief Amicus Curiae of Copyright Law Professors in Support of Reversal, Napster, Inc. v. A&M Records, Inc. and Napster, Inc. v. Jerry Leiber et al., U.S. Court of Appeals for the Ninth Circuit (August 2000)	88	(10)
Should the Insanity Defense Be Abolished?	98	(20)
YES: Jonathan Rowe, from ``Why Liberals Should Hate the Insanity Defense,'' The Washington Monthly (May 1984)	100	(10)
NO: Richard Bonnie, from Statement Before the Committee on the Judiciary, U.S. Senate (August 2, 1982)	110	(8)
Are Pretextual Stops by the Police Constitutional?	118	(17)
YES: Antonin Scalia, from Majority Opinion, Whren et al. v. United States, U.S. Supreme Court (June 10, 1996)	120	(5)
NO: David A. Harris, from ```Driving While Black' and All Other Traffic Offenses: The Supreme Court and Pretextual Traffic Stops,'' Journal of Criminal Law and Criminology (vol. 87, no. 544, 1997)	125	(10)
PART 2 LAW AND THE STATE	135	(124)
Do Religious Groups Have a Right to Use Public School Facilities After Hours?	136	(20)
YES: Clarence Thomas, from Majority Opinion, Good News Club et al. v. Milford Central School, U.S. Supreme Court (June 11, 2001)	138	(10)
NO: David Souter, from Dissenting Opinion, Good News Club et al. v. Milford Central School, U.S. Supreme Court (June 11, 2001)	148	(8)
Does the Use of High-Technology Thermal Imaging Devices Violate the Fourth Amendment Search and Seizure Guaranty?	156	(18)
YES: Antonin Scalia, from Majority Opinion, Danny Lee Kyllo v. United States, U.S. Supreme Court (June 11, 2001)	158	(7)
NO: John Paul Stevens, from Dissenting Opinion, Danny Lee Kyllo v. United States, U.S. Supreme Court (June 11, 2001)	165	(9)
Is Virtual Child Pornography Legal?	174	(24)
YES: Donald W. Molloy, from Majority Opinion, Free Speech Coalition v. Janet Reno, U.S. Court of Appeals for the Ninth Circuit (March 10, 1998)	176	(12)
NO: Warren J. Ferguson, from Dissenting Opinion, Free Speech Coalition v. Janet Reno, U.S. Court of Appeals for the Ninth Circuit (March 10, 1998)	188	(10)
Is It Constitutional to Impose the Death Penalty on the Mentally Retarded?	198	(22)
YES: Sandra Day O'Connor, from Majority Opinion, Penry v. Lynaugh, U.S. Supreme Court (June 26, 1989)	200	(8)
NO: American Bar Association, from Brief Amicus Curiae of the American Bar Association in Support of Petitioner, Ernest Paul McCarver v. State of North Carolina, North Carolina Supreme Court (June 6, 2001)	208	(12)
Is It Constitutionally Permissible to Detain ``Sexually Dangerous'' Individuals After They Have Served Their Prison Sentences?	220	(14)
YES: Clarence Thomas, from Majority Opinion, Kansas v. Hendricks, U.S. Supreme Court (June 23, 1997)	222	(5)
NO: Stephen G. Breyer, from Dissenting Opinion, Kansas v. Hendricks, U.S. Supreme Court (June 23, 1997)	227	(7)
Should Drug Use Be Legalized?	234	(25)
YES: Steven B. Duke, from ``Drug Prohibition: An Unnatural Disaster,'' Connecticut Law Review (Winter 1995)	236	(10)
NO: Gregory A. Loken, from ``The Importance of Being More Than Earnest: Why the Case for Drug Legalization Remains Unproven,'' Connecticut Law Review (Winter 1995)	246	(13)
PART 3 LAW AND THE COMMUNITY	259	(101)
Should Law Enforcement Officials Notify the Community When a Convicted Sex Offender Moves In?	260	(18)
YES: Simeon Schopf, from ```Megan's Law': Community Notification and the Constitution,'' Columbia Journal of Law and Social Problems (vol. 29, 1995)	262	(8)
NO: Bonnie Steinbock, from ``Megan's Law: A Policy Perspective,'' Criminal Justice Ethics (Summer/Fall 1995)	270	(8)
Does the First Amendment Protect an Informational Web Site That May Encourage Violent Acts?	278	(20)
YES: Alex Kozinski, from Majority Opinion, Planned Parenthood of the Columbia/Willamette Inc. v. American Coalition of Life Activists, U.S. Court of Appeals for the Ninth Circuit (September 15, 2000)	280	(9)
NO: O. Lee Reed, from ``The State Is Strong but I Am Week: Why the `Imminent Lawless Action' Standard Should Not Apply to Targeted Speech That Threatens Individuals With Violence,'' American Business Law Journal (vol. 38, no. 1, 2000)	289	(9)
Should Same-Sex Marriages Be Lawful?	298	(16)
YES: Andrew Sullivan, from Virtually Normal (Alfred A. Knopf, 1995)	300	(5)
NO: James Q. Wilson, from ``Against Homosexual Marriage,'' Commentary (March 1996)	305	(9)
Are Public School Officials Liable for Damages in Cases of Student-on-Student Sexual Harassment?	314	(16)
YES: Sandra Day O'Connor, from Majority Opinion, Davis v. Monroe County Board of Education et al., U.S. Supreme Court (May 24, 1999)	316	(7)
NO: Anthony Kennedy, from Dissenting Opinion, Davis v. Monroe County Board of Education et al., U.S. Supreme Court (May 24, 1999)	323	(7)
Should Children With Disabilities Be Provided With Extraordinary Care in Order to Attend Regular Classes in Public Schools?	330	(12)
YES: John Paul Stevens, from Majority Opinion, Cedar Rapids Community School District v. Garret F., U.S. Supreme Court (March 3, 1999)	332	(5)
NO: Clarence Thomas, from Dissenting Opinion, Cedar Rapids Community School District v. Garret F., U.S. Supreme Court (March 3, 1999)	337	(5)
Do Affirmative Action Programs in Public School Admissions Policies Violate the Fourteenth Amendment?	342	(18)
YES: Bruce Seyla, from Majority Opinion, Wessmann v. Gittens, U.S. Court of Appeals for the First Circuit (November 19, 1998)	344	(8)
NO: Kermit Lipez, from Dissenting Opinion, Wesmann v. Gittens, U.S. Court of Appeals for the First Circuit (November 19, 1998)	352	(8)
Contributors	360	(5)
Index	365