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This volume explores the state of academic freedom in the United
States and abroad. What impact have the attacks of September 11th
and the ensuing war on terrorism had on free speech, access to
information, government funding of the sciences, and other
cornerstones of freedom of inquiry at American universities? How
has the renewed emphasis on patriotism affected the "culture wars"
that aroused so much controversy on American campuses? And how does
academic freedom in the United States compare to that of other
nations?
This volume explores the state of academic freedom in the United States and abroad. What impact have the attacks of September 11th and the ensuing war on terrorism had on free speech, access to information, government funding of the sciences, and other cornerstones of freedom of inquiry at American universities? How has the renewed emphasis on patriotism affected the "culture wars" that aroused so much controversy on American campuses? And how does academic freedom in the United States compare to that of other nations? To engage these crucial questions, the editors have assembled some of the nation's leading experts on academic freedom, from a broad range of disciplines including law, political science, and the history of science.
In 2015 the Supreme Court made history by ruling that the constitution protects the right of same-sex couples to get married. The third edition of perhaps the most influential book on the subject explains the Court's reasoning and what the consequences of the decision have been. The book also explains why the Supreme Court declined to rule that a ban on same-sex marriage was irrational or hateful or that the ban was an indirect form of gender discrimination. Instead, the Court ruled that there is a fundamental constitutional right to marry that covers same-sex couples. The book discusses the dissent's claims that the decision will lead to constitutional protection for polygamy. It also covers the controversy over whether there should be special laws that allow religious business owners not to serve same-sex couples who are married. This book is free of jargon and is accessible to anyone interested in same-sex equality, the Supreme Court or constitutional law generally.
Sexual assault on college campuses has drawn tremendous public attention and colleges are under great pressure to respond. In many cases, the result has been a system of sexual assault tribunals that violates the rights of alleged assailants and assault survivors. Gerstmann shows how colleges are often punishing students as sex offenders without a fair hearing and are defining sexual offenses in an unconstitutionally broad manner. Using unbiased and accessible language, this book avoids easy answers and asks: how are colleges failing to assess accusations in a fair manner? Why are 'affirmative consent' laws unconstitutional? How can we do a better job preventing sexual assault? The author argues that colleges are too often making poor choices in terms of how they respond to allegations of sexual assault and, in doing so, they are depriving students of due process, while failing to protect victims of assault.
Sexual assault on college campuses has drawn tremendous public attention and colleges are under great pressure to respond. In many cases, the result has been a system of sexual assault tribunals that violates the rights of alleged assailants and assault survivors. Gerstmann shows how colleges are often punishing students as sex offenders without a fair hearing and are defining sexual offenses in an unconstitutionally broad manner. Using unbiased and accessible language, this book avoids easy answers and asks: how are colleges failing to assess accusations in a fair manner? Why are 'affirmative consent' laws unconstitutional? How can we do a better job preventing sexual assault? The author argues that colleges are too often making poor choices in terms of how they respond to allegations of sexual assault and, in doing so, they are depriving students of due process, while failing to protect victims of assault.
In 2015 the Supreme Court made history by ruling that the constitution protects the right of same-sex couples to get married. The third edition of perhaps the most influential book on the subject explains the Court's reasoning and what the consequences of the decision have been. The book also explains why the Supreme Court declined to rule that a ban on same-sex marriage was irrational or hateful or that the ban was an indirect form of gender discrimination. Instead, the Court ruled that there is a fundamental constitutional right to marry that covers same-sex couples. The book discusses the dissent's claims that the decision will lead to constitutional protection for polygamy. It also covers the controversy over whether there should be special laws that allow religious business owners not to serve same-sex couples who are married. This book is free of jargon and is accessible to anyone interested in same-sex equality, the Supreme Court or constitutional law generally.
When the Supreme Court struck down Colorado's Amendment 2--which
would have nullified all state and local laws protecting gays and
lesbians from discrimination--it was widely regarded as a victory
for gay rights. Yet many gays and lesbians still risk losing their
jobs, custody of their children, and even their liberty under the
law. Using the Colorado initiative as his focus, Gerstmann
untangles the complex standards and subtle rhetoric the Supreme
Court uses to apply the equal protection clause.
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