Laboratory of Justice: The Supreme Court's 200-Year Struggle to Integrate Science and the Law

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DIANE Publishing Company, 2008 - Broj stranica: 417
Because constitutional law works by precedent, the Supreme Court embeds the science of earlier times into our laws today -- sometimes in the service of facts & truth, sometimes in the service of judicial expediency. Here are examples: the 19th-century decision on the ¿race question¿ in the ¿Dred Scott¿ Case; Social Darwinism & biological determinism in the 1927 ¿Buck v. Bell¿ eugenics case which held that the government could sterilize individuals it determined were mentally defective; the internment of Japanese-Americans in the 1940s based on genetics; & the Court¿s decision to guarantee legal abortion in ¿Roe v. Wade¿. ¿The Court must embrace science rather than resist it, turning to the laboratory as well as to precedent.¿

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