The right to privacy: Rights and Liberties under the Law

The Right to Privacy: Rights and Liberties under the Law

Volumn , Issue , 2003, Pages 1-399

  Glenn, Richard A ^a  

^a MILLERSVILLE UNIVERSITY   (United States)

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EID: 85199070732     PISSN: None     EISSN: None     Source Type: Book    
DOI: None     Document Type: Book

References (381)

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109. Eskridge, William N. 1996. The Case for Same-Sex Marriage: From Sexual Liberty to Civilized Commitment. New York: Free Press.
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119. Kamisar. Yale. 1993. "Are Laws against Assisted Suicide Unconstitutional?" Hastings Center Report 23: 32-41.
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127. "Physician-Assisted Suicide. " Note. 1997. Harvard Law Review 111: 237-248.
128. Quill, Timothy E., Bernard Lo, and Dan W. Brock. 1997. "Palliative Options of Last Resort: A Comparison of Voluntary Stopping Eating and Drinking, Terminal Sedation, Physician-Assisted Suicide, and Voluntary Active Euthanasia. " Journal of the American Medical Association 278: 2099-2104.
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130. Rubenfeld, Jed. 1989. "The Right of Privacy. " Harvard Law Review 102: 737-807.
131. Schowengerdt, Dale M. 2001. "Defending Marriage: A Litigation Strategy to Oppose Same-Sex 'Marriage.' " Regent University Law Review 14: 487-511.
132. Stack, Peggy Fletcher. 1998. "Globally, Polygamy Is Commonplace. " Salt Lake Tribune, Setpember 20, A1. "Suicide Law Struck Down. " New York Times, December 14, 1993, at A18.
133. Sykes, Charles J. 1999. The End of Privacy. New York: St. Martin's Press.
134. Trosino, James. 1993. "Note, American Wedding: Same-Sex Marriage and the Miscegenation Analogy. " Boston University Law Review 73: 93-120.
135. Turkington, Richard C. 1990. "Legacy of the Warren and Brandeis Article: The Emerging Unencumbered Constitutional Right to Informational Privacy. " Northern Illinois University Law Review 10: 479-520.
136. Urofsky, Melvin I. 1994. Letting Go: Death, Dying, and the Law. Norman: University of Oklahoma Press.
137. Urofsky, Melvin I. 2000. Lethal Judgments: Assisted Suicide and American Law. Lawrence: University Press of Kansas.
138. Urofsky, Melvin I., and Philip E. Urofsky. 1996. The Right to Die: A Two-Volume Anthology of Scholarly Works. New York: Garland Publications.
139. Wardle, Lynn D. 1996. "A Critical Analysis of Constitutional Claims for Same-Sex Marriage. " Brigham Young Law Review 1996: 1-101.
140. Weir, Robert F., ed. 1997. Physician-Assisted Suicide. Bloomington: Indiana University Press.
141. Westin, Alan F. 1967. Privacy and Freedom. New York: Atheneum.
142. Wolhandler, Steven J. 1984. "Voluntary Active Euthanasia for the Terminally Ill and the Constitutional Right to Privacy. " Cornell Law Review 69: 363-383.
143. Woodman, Sue. 1998. Last Rights: The Struggle Over the Right to Die. New York: Plenum Trade.
144. Abraham, Henry J. 1998. Freedom and the Court: Civil Rights and Liberties in the United States. New York: Oxford University Press. A classic text on civil rights and liberties, including a careful look at the Bill of Rights and its applicability to the states.
145. Adams, Elbridge. 1905. "The Right to Privacy, and Its Relation to the Law of Libel. " American Law Review 39: 37-58. An influential turnofthecentury article asserting that laws protecting privacy were fraught with serious legal difficulties.
146. Agre, Philip E., and Marc Rotenberg, eds. 1997. Technology and Privacy: The New Landscape. Cambridge: Massachusetts Institute of Technology Press. A collection of essays written from a worldwide perspective on how technology is altering our common understanding of privacy.
147. Alderman, Ellen, and Caroline Kennedy. 1997. The Right to Privacy. New York: Vintage Books. A popular book that addresses privacy in a number of contexts by "telling the stories of people who struggled to exercise that right. "
148. Allen, Anita L. 1988. Uneasy Access: Privacy for Women in a Free Society. Totowa, NJ: Rowman and Littlefield. An indictment of the law's protection for privacy rights for women.
149. Baer, Judith A., ed. 2002. Historical and Multicultural Encyclopedia of Women's Reproductive Rights in the United States. Westport, CT: Greenwood Press. A reference work on reproductive rights.
150. Baird, Robert M., and Stuart E. Rosenbaum, eds. 1997. Same-Sex Marriage: The Moral and Legal Debate. Amherst, NY: Prometheus Books. A collection of articles, both for and against samesex marriage.
151. Ball, Howard. 2002. The Supreme Court in the Intimate Lives of Americans: Birth, Sex, Marriage, Childbearing, and Death. New York: New York University Press. A detailed analysis of the legal, political, and ethical issues relating to a number of privacy rights.
152. Barnett, Randy E. 1987. "Are Enumerated Rights the Only Rights We Have? The Case of Associational Freedom. " Harvard Journal of Law and Public Policy 10: 101-115. A critique of legal positivism, which holds that the only rights individuals have are those that are explicitly specified in the Constitution or those that are given by the legislature.
153. Barnett, Randy E. 1989. The Rights Retained by the People: The History and Meaning of the Ninth Amendment. 2 vols. Fairfax, VA: George Mason University Press. The definitive study of the Ninth Amendment and a firstrate collection of essays on general principles of constitutional interpretation, concluding that the lack of mention of some right in the Bill of Rights does not necessarily mean that the right does not exist.
154. Barnett, Walter. 1973. Sexual Freedom and the Constitution. Albuquerque: University of New Mexico Press. An inquiry into the constitutionality of repressive sex laws.
155. Barron, James H. 1979. "Warren and Brandeis: The Right to Privacy, 4 Harv. L. Rev. 193 (1890): Demystifying a Landmark Citation. " Suffolk University Law Review 13: 875-922. A detailed critique of the Warren and Brandeis article, concluding that, instead of deserving high praise, the piece is a quaint example of misguided legal scholarship and is of limited utility to those seeking solutions to modernday privacy problems.
156. Bates, Alan. 1964. "Privacy-A Useful Concept. " Social Forces 42: 429-434. A discussion of the basic functions privacy performs for individuals.
157. Battin, Margaret P., Rosamond Rhodes, and Anita Silvers. 1998. Physician Assisted Suicide: Expanding the Debate. New York: Routledge. A collection of essays from philosophers, physicians, theologians, social scientists, lawyers, and economists considering the implications of physicianassisted suicide.
158. Berger, Raoul. 1977. Government by Judiciary: The Transformation of the Fourteenth Amendment. Cambridge, MA: Harvard University Press. An influential text arguing that the U.S. Supreme Court's incorporation of the Bill of Rights has dangerously disregarded the intentions of the amendment's Framers and has resulted in a judiciary that has become the nation's paramount policymaker, a superlegislature.
159. Berger, Raoul. 1980. "The Ninth Amendment. " Cornell Law Review 66: 1-26. A welldocumented examination of the legislative discussions relating to the Ninth Amendment, concluding that the Ninth Amendment adds no unspecified rights to the Bill of Rights.
160. Blackstone, Sir William. 1765-1769. Commentaries on the Laws of England. 4 vols. Oxford, UK: Clarendon Press. The most influential law book and primary legal authority for eighteenth-and nineteenth-century lawyers in the United States.
161. Boonin, David. 2002. A Defense of Abortion. New York: Cambridge University Press. A justification for abortion rights.
162. Bork, Robert H. 1971. "Neutral Principles and Some First Amendment Problems. " Indiana Law Journal 47: 1-35. An influential law review article criticizing the Supreme Court for "creating" the constitutional right to privacy.
163. Brant, Irving. 1965. The Bill of Rights: Its Origin and Meaning. New York: Mentor Books. A study on the Bill of Rights from its roots in English common law to the decisions of the Supreme Court.
164. Breckenridge, Adam Carlyle. 1970. The Right to Privacy. Lincoln: University of Nebraska Press. A text examining the extent to which the individual is protected by the Bill of Rights from arbitrary and unreasonable intrusions into personal privacy.
165. Brill, Alida. 1990. Nobody's Business: The Paradoxes of Privacy. Reading, MA: Addison-Wesley. A personal essay on the struggle for privacy rights in the 1970s and 1980s.
166. Brovins, Joan M., and Thomas Oehmke. 1993. Dr. Death. Hollywood, FL: Lifetime Books. A biographical piece on Dr. Jack Kevorkian, the most outspoken advocate and practitioner of physicianassisted suicide, and his patients.
167. Bullough, Vern L. 2001. Encyclopedia of Birth Control. Santa Barbara, CA: ABCCLIO. A standard reference work on birth control.
168. Burt, Robert A. 1979. "The Constitution and the Family. " Supreme Court Review 1979: 329-395. A criticism of the use of the privacy doctrine in Moore v. City of East Cleveland.
169. Carr, Robert K. 1942. The Supreme Court and Judicial Review. New York: Farrer and Rinehart. A thorough discussion of the establishment, justification, and exercise of judicial review by the Supreme Court.
170. Chase, Harold W., and Craig R. Ducat. 1974. Edward S. Corwin's The Constitution and What It Means Today. Princeton, NJ: Princeton University Press. A basic resource in the study of the Constitution, the Bill of Rights, and other amendments.
171. Cogan, Neil H., ed. 1997. The Complete Bill of Rights: The Drafts, Debates, Sources, and Origins. New York: Oxford University Press. Perhaps the most complete and useful analysis of the Bill of Rights, including all documentary records and relevant debates in the First Congress and in the state ratifying conventions.
172. Colby, William H. 2002. Long Goodbye: The Death of Nancy Cruzan. Carlsbad, CA: Hay House. The story of Nancy Cruzan and her parents' legal battles with the state of Missouri.
173. Commager, Henry Steele. 1958. Documents of American History. 6th ed. New York: AppletonCenturyCrofts. A reference work containing virtually every significant document in American history, beginning in the fifteenth century.
174. "The Constitutional Status of Sexual Orientation: Homosexuality as a Suspect Classification. " 1985. Harvard Law Review 98: 1285-1309. A law review article arguing that courts should recognize homosexuality as a suspect classification under the Equal Protection Clause of the Fourteenth Amendment and therefore subject laws that discriminate on such basis to heightened scrutiny.
175. Cooley, Thomas McIntyre. 1878. A Treatise on Constitutional Limitations which Rests upon the Legislative Power of the States. 4th ed. Boston: Little, Brown. An early constitutional law treatise justifying judicial review for legislative acts that infringe upon natural law rights.
176. Cooley, Thomas McIntyre. 1880. A Treatise on the Law of Torts. Chicago: Callaghan. An early constitutional law treatise defining privacy as "a right of complete immunity: to be let alone. "
177. Corwin, Edward S. [1929] 1955. The Higher Law Background of American Constitutional Law. Reprint. Ithaca, NY: Cornell University Press. A classic text rejecting the doctrine of legislative supremacy and advocating the exercise of judicial review to preserve natural law rights.
178. Cott, Nancy F. 2000. Public Vows: A History of Marriage and the Nation. Cambridge, MA: Harvard University Press. A thorough examination of the evolution and impact of marriage law on the American social structure, including discussions on polygamy and samesex marriage.
179. Craig, Barbara Hinkson, and David M. O'Brien. 1993. Abortion and American Politics. Chattam, NJ: Chattam House. An unbiased analysis of the abortion controversy and how it has played out in the U.S. political system.
180. Cruz, David B. 2000. "'The Sexual Freedom Cases'? Contraception, Abortion, Abstinence, and the Constitution. " Harvard Civil Rights and Civil Liberties Law Review 35: 299-383. An exploration of whether, and to what extent, constitutional privacy protects sexual autonomy.
181. DeCew, Judith Wagner. 1997. In Pursuit of Privacy: Law, Ethics, and the Rise of Technology. Ithaca, NY: Cornell University Press. A defense of a broad conception of privacy, including analysis on abortion, homosexual sodomy, and informational privacy.
182. Dixon, Robert G., Jr. 1971. The Right of Privacy. New York: DaCapo Press. A symposium on the implications of Griswold v. Connecticut and the right to privacy.
183. Dixon, Robert G., Jr. 1976. "The 'New' Substantive Due Process and the Democratic Ethic: A Prolegomenon. " Brigham Young University Law Review 1976: 43-88. A criticism of the Supreme Court for finding privacy as a derivative or penumbral right.
184. Dumbauld, Edward. 1957. The Bill of Rights and What It Means Today. Norman: University of Oklahoma Press. A standard reference work on the origins and meaning of the Bill of Rights.
185. Dunbar, Leslie. 1956. "James Madison and the Ninth Amendment. " Virginia Law Review 42: 627-643. A law review article discussing the "proper place" of the Ninth Amendment in American constitutionalism.
186. Elliot, Jonathan. [1836] 1974. The Debates in the Several State Conventions on the Adoption of the Federal Constitution. 4 vols. Reprint. New York: Burt Franklin. A massive compilation of the documentary records of the state ratifying conventions.
187. Ely, John Hart. 1973. "The Wages of Crying Wolf: A Comment on Roe v. Wade. " Yale Law Review 82: 920-949. A critique of Roe v. Wade.
188. Ely, John Hart. 1980. Democracy and Distrust. Cambridge, MA: Harvard University Press. A wellresearched text that includes a lengthy analysis of the legislative debates pertaining to the Ninth Amendment, concluding that the amendment does not grant Congress authority to create additional rights.
189. Emanuel, Ezekiel. 1997. "Whose Right to Die?" Atlantic Monthly, March 1, 1997: 73-79. A word of caution to advocates of physicianassisted suicide.
190. Eskridge, William N. 1996. The Case for Same-Sex Marriage: From Sexual Liberty to Civilized Commitment. New York: Free Press. A justification for legal and constitutional protection of samesex marriage.
191. Etzioni, Amitai. 1999. The Limits of Privacy. New York: Basic Books. A communitarian's examination of privacy rights, arguing that in certain situations privacy rights should be limited in the interest of the public good.
192. Fairman, Charles. 1949. "Does the Fourteenth Amendment Incorporate the Bill of Rights?" Stanford Law Review 2: 5-139. A lengthy examination of the original understanding of the Fourteenth Amendment, concluding that it was not intended to make the Bill of Rights applicable to the states.
193. Faux, Marian. 2001. Roe v. Wade: The Untold Story of the Landmark Supreme Decision the Made Abortion Legal. Totowa, NJ: Rowman and Littlefield. An indepth look at Roe v. Wade.
194. Flaherty, David H. 1972. Privacy in Colonial New England. Charlottesville: University Press of Virginia. A thorough investigation of personal privacy in colonial New England.
195. Freund, Paul A. 1971. "Privacy: One Concept or Many. " In Privacy, edited by J. Roland Pennock and John W. Chapman. New York: Atherton Press. A collection of essays discussing various aspects of privacy.
196. Fried, Charles. 1968. "Privacy. " Yale Law Journal 77: 475-493. An oftcited article examining the foundations of the right to privacy.
197. Garfinkel, Simson. 2000. Database Nation: The Death of Privacy in the 21st Century. Cambridge, MA: O'Reilly and Associates. A look at how modernday advances in technology endanger privacy.
198. Garrow, David J. 1994. Liberty and Sexuality: The Right to Privacy and the Making of Roe v. Wade. New York: Macmillan Publishing. The most wellresearched and readable exposition of abortion and Roe v. Wade.
199. Gerety, Tom. 1977. "Redefining Privacy. " Harvard Civil Rights-Civil Liberties Law Review 12: 233-296. A law review article discussing the shortcomings of defining privacy broadly as "the right to be let alone" and suggesting that privacy be defined more narrowly as "an autonomy or control over the intimacies of personal identity. "
200. Gerstmann, Evan. 1999. The Constitutional Underclass: Gays, Lesbians, and the Failure of Class-Based Equal Protection. Chicago: University of Chicago Press. A critique of current judicial doctrine on the Equal Protection Clause, specifically as it impacts homosexuals.
201. Gillett, Todd M. 2000. "The Absolution of Reynolds: The Constitutionality of Religious Polygamy. " William and Mary Bill of Rights Journal 8: 497-534. An inquiry in to the constitutionality of antipolygamy laws, concluding that statutes prohibiting polygamy interfere with a polygamist's right to privacy.
202. Gindin, Susan E. 1997. "Lost and Found in Cyberspace: Informational Privacy in Age of the Internet. " San Diego Law Review 34: 1153-1223. A critical assessment of legislative efforts to protect informational privacy, encouraging Congress to adopt a comprehensive policy guaranteeing individuals the right to control the collection and distribution of their personal information.
203. Ginsburg, Ruth Bader. 1985. "Some Thoughts on Autonomy and Equality in Relation to Roe v. Wade. " North Carolina Law Review 63: 375-386. A critique of the approach used, but not the result reached, in Roe v. Wade, suggesting that the majority opinion should have relied upon sex equality considerations.
204. Glancy, Dorothy J. 1979. "The Invention of the Right to Privacy. " Arizona Law Review 21: 1-39. An examination of Warren and Brandeis's "invention" of the right to privacy in historical perspective.
205. Godkin, E. L. 1890. "The Rights of the Citizen-IV: To His Reputation. " Scribner's 8: 58-68. An influential article arguing that it was in the interest of the state to safeguard in every possible way the good reputation of its citizens and to throw around their personal affairs the hedge of secrecy and privacy.
206. Goldstein, Leslie Friedman. 1994. Contemporary Cases in Women's Rights. Madison: University of Wisconsin Press. A look at Supreme Court cases relating to marital and procreative freedom.
207. Gordon, Sarah Barringer. 2002. The Mormon Question: Polygamy and Constitutional Conflict in Nineteenth Century America. Chapel Hill: University of North Carolina Press. An interdisciplinary study on the Mormon practice of plural marriage and American constitutional thought.
208. Gormley, Ken. 1992. "One Hundred Years of Privacy. " Wisconsin Law Review 1992: 1335-1441. A comprehensive analysis of privacy law between 1890 and 1990.
209. Gorney, Cynthia. 1998. Article of Faith: A Frontline History of the Abortion Wars. New York: Simon and Schuster. An intriguing look at the prolife and prochoice movements in Missouri.
210. Grey, Thomas. 1980. "Eros, Civilization, and the Burger Court. " Law and Contemporary Problems 43: 83-100. A law review article containing an appendix summarizing all of the law review literature between 1965 and 1979 relating to the relationship between constitutional privacy and legal prohibitions on consensual adult sex.
211. Grossberg, Michael. 1985. Governing the Hearth: Law and Family in Nineteenth Century America. Chapel Hill: University of North Carolina Press. A thorough examination of family law in the nineteenth century.
212. Hafen, Bruce. 1983. "The Constitutional Status of Marriage, Kinship, and Sexual Privacy-Balancing the Individual and Social Interests. " Michigan Law Review 81: 463-574. An exhaustively documented consideration of whether courts should recognize privacy claims by unrelated individuals who seek the same constitutional and legal protection as that given to formal relationships based on legal marriage or kinship.
213. Hamilton, Alexander, James Madison, and John Jay. [1787-1788] 1961. The Federalist Papers. New York: Mentor. A collection of eighty-five essays written in defense of the Constitution of 1787.
214. Hayden, Trudy. 1980. Your Right to Privacy. New York: Avon Books. A basic guide to privacy rights, published under the auspices of the American Civil Liberties Union.
215. Hendricks, Evan. 1990. Your Right to Privacy. Carbondale: Southern Illinois University Press. A basic guide to informational privacy rights, published under the auspices of the American Civil Liberties Union.
216. Heymann, Philip B., and Douglas E. Barzelay. 1973. "The Forest and the Trees: Roe v. Wade and Its Critics. " Boston University Law Review 53: 765-784. A defense of Roe v. Wade, arguing that the decision is amply justified both by precedent and longstanding principles.
217. Hickey, Adam. 2002. "Between Two Spheres: Comparing State and Federal Approaches to the Right to Privacy and Prohibitions against Sodomy. " Yale Law Journal 111: 93-1030. A comparison between state and federal privacy jurisprudence with respect to antisodomy laws.
218. Hixson, Richard F. 1987. Privacy in Public Society: Human Rights in Conflict. New York: Oxford University Press. A collection of key essays on privacy.
219. Hoefler, James M. 1994. "Diffusion and Diversity: Federalism and the Right to Die in the Fifty States. " Publius: The Journal of Federalism 24: 153-170. A look at the policy activity in state legislatures and the judicial decisions in state courts relating to righttodie issues.
220. Hoefler, James M., and Brian M. Kamoie. 1994. Deathright: Culture, Medicine, Politics, and the Right to Die. Boulder, CO: Westview Press. A discussion of the primary forces that shape righttodie policy across the fifty states.
221. Hofstadter, Samuel H. 1954. The Development of the Right of Privacy in New York. New York: Grosby Press. A historical examination of the various legislative acts and judicial decisions pertaining to privacy in the state of New York in the late nineteenth and early twentieth centuries.
222. Hohengarten, William M. 1994. "Same-Sex Marriage and the Right of Privacy. " Yale Law Journal 103: 1495-1531. A law review note arguing that the constitutional right to privacy requires states to sanction and recognize samesex marriages.
223. Holmes, Oliver Wendell, Jr. 1897. "The Path of the Law. " Harvard Law Review 10: 457-478. A landmark speech discussing the development and advantages of the common law.
224. Abraham, Henry J. 1998. Freedom and the Court: Civil Rights and Liberties in the United States. New York: Oxford University Press. A classic text on civil rights and liberties, including a careful look at the Bill of Rights and its applicability to the states.
225. Adams, Elbridge. 1905. "The Right to Privacy, and Its Relation to the Law of Libel. " American Law Review 39: 37-58. An influential turnofthecentury article asserting that laws protecting privacy were fraught with serious legal difficulties. Agre, Philip E., and Marc Rotenberg, eds. 1997. Technology and Privacy: The New Landscape. Cambridge: Massachusetts Institute of Technology Press. A collection of essays written from a worldwide perspective on how technology is altering our common understanding of privacy.
226. Alderman, Ellen, and Caroline Kennedy. 1997. The Right to Privacy. New York: Vintage Books. A popular book that addresses privacy in a number of contexts by "telling the stories of people who struggled to exercise that right. "
227. Allen, Anita L. 1988. Uneasy Access: Privacy for Women in a Free Society. Totowa, NJ: Rowman and Littlefield. An indictment of the law's protection for privacy rights for women.
228. Baer, Judith A., ed. 2002. Historical and Multicultural Encyclopedia of Women's Reproductive Rights in the United States. Westport, CT: Greenwood Press. A reference work on reproductive rights.
229. Baird, Robert M., and Stuart E. Rosenbaum, eds. 1997. Same-Sex Marriage: The Moral and Legal Debate. Amherst, NY: Prometheus Books. A collection of articles, both for and against samesex marriage.
230. Ball, Howard. 2002. The Supreme Court in the Intimate Lives of Americans: Birth, Sex, Marriage, Childbearing, and Death. New York: New York University Press. A detailed analysis of the legal, political, and ethical issues relating to a number of privacy rights.
231. Barnett, Randy E. 1987. "Are Enumerated Rights the Only Rights We Have? The Case of Associational Freedom. " Harvard Journal of Law and Public Policy 10: 101-115. A critique of legal positivism, which holds that the only rights individuals have are those that are explicitly specified in the Constitution or those that are given by the legislature.
232. Barnett, Randy E. 1989. The Rights Retained by the People: The History and Meaning of the Ninth Amendment. 2 vols. Fairfax, VA: George Mason University Press. The definitive study of the Ninth Amendment and a firstrate collection of essays on general principles of constitutional interpretation, concluding that the lack of mention of some right in the Bill of Rights does not necessarily mean that the right does not exist.
233. Barnett, Walter. 1973. Sexual Freedom and the Constitution. Albuquerque: University of New Mexico Press. An inquiry into the constitutionality of repressive sex laws.
234. Barron, James H. 1979. "Warren and Brandeis: The Right to Privacy, 4 Harv. L. Rev. 193 (1890): Demystifying a Landmark Citation. " Suffolk University Law Review 13: 875-922. A detailed critique of the Warren and Brandeis article, concluding that, instead of deserving high praise, the piece is a quaint example of misguided legal scholarship and is of limited utility to those seeking solutions to modernday privacy problems.
235. Bates, Alan. 1964. "Privacy-A Useful Concept. " Social Forces 42: 429-434. A discussion of the basic functions privacy performs for individuals.
236. Battin, Margaret P., Rosamond Rhodes, and Anita Silvers. 1998. Physician Assisted Suicide: Expanding the Debate. New York: Routledge. A collection of essays from philosophers, physicians, theologians, social scientists, lawyers, and economists considering the implications of physicianassisted suicide.
237. Berger, Raoul. 1977. Government by Judiciary: The Transformation of the Fourteenth Amendment. Cambridge, MA: Harvard University Press. An influential text arguing that the U.S. Supreme Court's incorporation of the Bill of Rights has dangerously disregarded the intentions of the amendment's Framers and has resulted in a judiciary that has become the nation's paramount policymaker, a superlegislature.
238. Berger, Raoul. 1980. "The Ninth Amendment. " Cornell Law Review 66: 1-26. A welldocumented examination of the legislative discussions relating to the Ninth Amendment, concluding that the Ninth Amendment adds no unspecified rights to the Bill of Rights. Blackstone, Sir William. 1765-1769. Commentaries on the Laws of England. 4 vols. Oxford, UK: Clarendon Press. The most influential law book and primary legal authority for eighteenthand nineteenthcentury lawyers in the United States.
239. Boonin, David. 2002. A Defense of Abortion. New York: Cambridge University Press. A justification for abortion rights.
240. Bork, Robert H. 1971. "Neutral Principles and Some First Amendment Problems. " Indiana Law Journal 47: 1-35. An influential law review article criticizing the Supreme Court for "creating" the constitutional right to privacy.
241. Brant, Irving. 1965. The Bill of Rights: Its Origin and Meaning. New York: Mentor Books. A study on the Bill of Rights from its roots in English common law to the decisions of the Supreme Court.
242. Breckenridge, Adam Carlyle. 1970. The Right to Privacy. Lincoln: University of Nebraska Press. A text examining the extent to which the individual is protected by the Bill of Rights from arbitrary and unreasonable intrusions into personal privacy.
243. Brill, Alida. 1990. Nobody's Business: The Paradoxes of Privacy. Reading, MA: AddisonWesley. A personal essay on the struggle for privacy rights in the 1970s and 1980s.
244. Brovins, Joan M., and Thomas Oehmke. 1993. Dr. Death. Hollywood, FL: Lifetime Books. A biographical piece on Dr. Jack Kevorkian, the most outspoken advocate and practitioner of physicianassisted suicide, and his patients.
245. Bullough, Vern L. 2001. Encyclopedia of Birth Control. Santa Barbara, CA: ABCCLIO. A standard reference work on birth control.
246. Burt, Robert A. 1979. "The Constitution and the Family. " Supreme Court Review 1979: 329-395. A criticism of the use of the privacy doctrine in Moore v. City of East Cleveland.
247. Carr, Robert K. 1942. The Supreme Court and Judicial Review. New York: Farrer and Rinehart. A thorough discussion of the establishment, justification, and exercise of judicial review by the Supreme Court.
248. Chase, Harold W., and Craig R. Ducat. 1974. Edward S. Corwin's The Constitution and What It Means Today. Princeton, NJ: Princeton University Press. A basic resource in the study of the Constitution, the Bill of Rights, and other amendments.
249. Cogan, Neil H., ed. 1997. The Complete Bill of Rights: The Drafts, Debates, Sources, and Origins. New York: Oxford University Press. Perhaps the most complete and useful analysis of the Bill of Rights, including all documentary records and relevant debates in the First Congress and in the state ratifying conventions.
250. Colby, William H. 2002. Long Goodbye: The Death of Nancy Cruzan. Carlsbad, CA: Hay House. The story of Nancy Cruzan and her parents' legal battles with the state of Missouri.
251. Commager, Henry Steele. 1958. Documents of American History. 6th ed. New York: Appleton-Century-Crofts. A reference work containing virtually every significant document in American history, beginning in the fifteenth century.
252. "The Constitutional Status of Sexual Orientation: Homosexuality as a Suspect Classification. " 1985. Harvard Law Review 98: 1285-1309. A law review article arguing that courts should recognize homosexuality as a suspect classification under the Equal Protection Clause of the Fourteenth Amendment and therefore subject laws that discriminate on such basis to heightened scrutiny.
253. Cooley, Thomas McIntyre. 1878. A Treatise on Constitutional Limitations which Rests upon the Legislative Power of the States. 4th ed. Boston: Little, Brown. An early constitutional law treatise justifying judicial review for legislative acts that infringe upon natural law rights.
254. Cooley, Thomas McIntyre. 1880. A Treatise on the Law of Torts. Chicago: Callaghan. An early constitutional law treatise defining privacy as "a right of complete immunity: to be let alone. "
255. Corwin, Edward S. [1929] 1955. The Higher Law Background of American Constitutional Law. Reprint. Ithaca, NY: Cornell University Press. A classic text rejecting the doctrine of legislative supremacy and advocating the exercise of judicial review to preserve natural law rights.
256. Cott, Nancy F. 2000. Public Vows: A History of Marriage and the Nation. Cambridge, MA: Harvard University Press. A thorough examination of the evolution and impact of marriage law on the American social structure, including discussions on polygamy and samesex marriage.
257. Craig, Barbara Hinkson, and David M. O'Brien. 1993. Abortion and American Politics. Chattam, NJ: Chattam House. An unbiased analysis of the abortion controversy and how it has played out in the U.S. political system.
258. Cruz, David B. 2000. "'The Sexual Freedom Cases'? Contraception, Abortion, Abstinence, and the Constitution. " Harvard Civil Rights and Civil Liberties Law Review 35: 299-383. An exploration of whether, and to what extent, constitutional privacy protects sexual autonomy.
259. DeCew, Judith Wagner. 1997. In Pursuit of Privacy: Law, Ethics, and the Rise of Technology. Ithaca, NY: Cornell University Press. A defense of a broad conception of privacy, including analysis on abortion, homosexual sodomy, and informational privacy.
260. Dixon, Robert G., Jr. 1971. The Right of Privacy. New York: DaCapo Press. A symposium on the implications of Griswold v. Connecticut and the right to privacy.
261. Dixon, Robert G., Jr. 1976. "The 'New' Substantive Due Process and the Democratic Ethic: A Prolegomenon. " Brigham Young University Law Review 1976: 43-88. A criticism of the Supreme Court for finding privacy as a derivative or penumbral right.
262. Dumbauld, Edward. 1957. The Bill of Rights and What It Means Today. Norman: University of Oklahoma Press. A standard reference work on the origins and meaning of the Bill of Rights.
263. Dunbar, Leslie. 1956. "James Madison and the Ninth Amendment. " Virginia Law Review 42: 627-643. A law review article discussing the "proper place" of the Ninth Amendment in American constitutionalism.
264. Elliot, Jonathan. [1836] 1974. The Debates in the Several State Conventions on the Adoption of the Federal Constitution. 4 vols. Reprint. New York: Burt Franklin. A massive compilation of the documentary records of the state ratifying conventions.
265. Ely, John Hart. 1973. "The Wages of Crying Wolf: A Comment on Roe v. Wade. " Yale Law Review 82: 920-949. A critique of Roe v. Wade.
266. Ely, John Hart. 1980. Democracy and Distrust. Cambridge, MA: Harvard University Press. A wellresearched text that includes a lengthy analysis of the legislative debates pertaining to the Ninth Amendment, concluding that the amendment does not grant Congress authority to create additional rights.
267. Emanuel, Ezekiel. 1997. "Whose Right to Die?" Atlantic Monthly, March 1, 1997: 73-79. A word of caution to advocates of physicianassisted suicide.
268. Eskridge, William N. 1996. The Case for Same-Sex Marriage: From Sexual Liberty to Civilized Commitment. New York: Free Press. A justification for legal and constitutional protection of samesex marriage.
269. Etzioni, Amitai. 1999. The Limits of Privacy. New York: Basic Books. A communitarian's examination of privacy rights, arguing that in certain situations privacy rights should be limited in the interest of the public good.
270. Fairman, Charles. 1949. "Does the Fourteenth Amendment Incorporate the Bill of Rights?" Stanford Law Review 2: 5-139. A lengthy examination of the original understanding of the Fourteenth Amendment, concluding that it was not intended to make the Bill of Rights applicable to the states.
271. Faux, Marian. 2001. Roe v. Wade: The Untold Story of the Landmark Supreme Decision the Made Abortion Legal. Totowa, NJ: Rowman and Littlefield. An indepth look at Roe v. Wade.
272. Flaherty, David H. 1972. Privacy in Colonial New England. Charlottesville: University Press of Virginia. A thorough investigation of personal privacy in colonial New England.
273. Freund, Paul A. 1971. "Privacy: One Concept or Many. " In Privacy, edited by J. Roland Pennock and John W. Chapman. New York: Atherton Press. A collection of essays discussing various aspects of privacy.
274. Fried, Charles. 1968. "Privacy. " Yale Law Journal 77: 475-493. An oftcited article examining the foundations of the right to privacy.
275. Garfinkel, Simson. 2000. Database Nation: The Death of Privacy in the 21st Century. Cambridge, MA: O'Reilly and Associates. A look at how modernday advances in technology endanger privacy.
276. Garrow, David J. 1994. Liberty and Sexuality: The Right to Privacy and the Making of Roe v. Wade. New York: Macmillan Publishing. The most wellresearched and readable exposition of abortion and Roe v. Wade.
277. Gerety, Tom. 1977. "Redefining Privacy. " Harvard Civil Rights-Civil Liberties Law Review 12: 233-296. A law review article discussing the shortcomings of defining privacy broadly as "the right to be let alone" and suggesting that privacy be defined more narrowly as "an autonomy or control over the intimacies of personal identity. "
278. Gerstmann, Evan. 1999. The Constitutional Underclass: Gays, Lesbians, and the Failure of Class-Based Equal Protection. Chicago: University of Chicago Press. A critique of current judicial doctrine on the Equal Protection Clause, specifically as it impacts homosexuals.
279. Gillett, Todd M. 2000. "The Absolution of Reynolds: The Constitutionality of Religious Polygamy. " William and Mary Bill of Rights Journal 8: 497-534. An inquiry in to the constitutionality of antipolygamy laws, concluding that statutes prohibiting polygamy interfere with a polygamist's right to privacy.
280. Gindin, Susan E. 1997. "Lost and Found in Cyberspace: Informational Privacy in Age of the Internet. " San Diego Law Review 34: 1153-1223. A critical assessment of legislative efforts to protect informational privacy, encouraging Congress to adopt a comprehensive policy guaranteeing individuals the right to control the collection and distribution of their personal information.
281. Ginsburg, Ruth Bader. 1985. "Some Thoughts on Autonomy and Equality in Relation to Roe v. Wade. " North Carolina Law Review 63: 375-386. A critique of the approach used, but not the result reached, in Roe v. Wade, suggesting that the majority opinion should have relied upon sex equality considerations.
282. Glancy, Dorothy J. 1979. "The Invention of the Right to Privacy. " Arizona Law Review 21: 1-39. An examination of Warren and Brandeis's "invention" of the right to privacy in historical perspective.
283. Godkin, E. L. 1890. "The Rights of the Citizen-IV: To His Reputation. " Scribner's 8: 58-68. An influential article arguing that it was in the interest of the state to safeguard in every possible way the good reputation of its citizens and to throw around their personal affairs the hedge of secrecy and privacy.
284. Goldstein, Leslie Friedman. 1994. Contemporary Cases in Women's Rights. Madison: University of Wisconsin Press. A look at Supreme Court cases relating to marital and procreative freedom.
285. Gordon, Sarah Barringer. 2002. The Mormon Question: Polygamy and Constitutional Conflict in Nineteenth Century America. Chapel Hill: University of North Carolina Press. An interdisciplinary study on the Mormon practice of plural marriage and American constitutional thought.
286. Gormley, Ken. 1992. "One Hundred Years of Privacy. " Wisconsin Law Review 1992: 1335-1441. A comprehensive analysis of privacy law between 1890 and 1990.
287. Gorney, Cynthia. 1998. Article of Faith: A Frontline History of the Abortion Wars. New York: Simon and Schuster. An intriguing look at the prolife and prochoice movements in Missouri.
288. Grey, Thomas. 1980. "Eros, Civilization, and the Burger Court. " Law and Contemporary Problems 43: 83-100. A law review article containing an appendix summarizing all of the law review literature between 1965 and 1979 relating to the relationship between constitutional privacy and legal prohibitions on consensual adult sex.
289. Grossberg, Michael. 1985. Governing the Hearth: Law and Family in Nineteenth Century America. Chapel Hill: University of North Carolina Press. A thorough examination of family law in the nineteenth century.
290. Hafen, Bruce. 1983. "The Constitutional Status of Marriage, Kinship, and Sexual Privacy-Balancing the Individual and Social Interests. " Michigan Law Review 81: 463-574. An exhaustively documented consideration of whether courts should recognize privacy claims by unrelated individuals who seek the same constitutional and legal protection as that given to formal relationships based on legal marriage or kinship.
291. Hamilton, Alexander, James Madison, and John Jay. [1787-1788] 1961. The Federalist Papers. New York: Mentor. A collection of eightyfive essays written in defense of the Constitution of 1787.
292. Hayden, Trudy. 1980. Your Right to Privacy. New York: Avon Books. A basic guide to privacy rights, published under the auspices of the American Civil Liberties Union.
293. Hendricks, Evan. 1990. Your Right to Privacy. Carbondale: Southern Illinois University Press. A basic guide to informational privacy rights, published under the auspices of the American Civil Liberties Union.
294. Heymann, Philip B., and Douglas E. Barzelay. 1973. "The Forest and the Trees: Roe v. Wade and Its Critics. " Boston University Law Review 53: 765-784. A defense of Roe v. Wade, arguing that the decision is amply justified both by precedent and longstanding principles.
295. Hickey, Adam. 2002. "Between Two Spheres: Comparing State and Federal Approaches to the Right to Privacy and Prohibitions against Sodomy. " Yale Law Journal 111: 93-1030. A comparison between state and federal privacy jurisprudence with respect to antisodomy laws.
296. Hixson, Richard F. 1987. Privacy in Public Society: Human Rights in Conflict. New York: Oxford University Press. A collection of key essays on privacy.
297. Hoefler, James M. 1994. "Diffusion and Diversity: Federalism and the Right to Die in the Fifty States. " Publius: The Journal of Federalism 24: 153-170. A look at the policy activity in state legislatures and the judicial decisions in state courts relating to righttodie issues.
298. Hoefler, James M., and Brian M. Kamoie. 1994. Deathright: Culture, Medicine, Politics, and the Right to Die. Boulder, CO: Westview Press. A discussion of the primary forces that shape righttodie policy across the fifty states.
299. Hofstadter, Samuel H. 1954. The Development of the Right of Privacy in New York. New York: Grosby Press. A historical examination of the various legislative acts and judicial decisions pertaining to privacy in the state of New York in the late nineteenth and early twentieth centuries.
300. Hohengarten, William M. 1994. "Same-Sex Marriage and the Right of Privacy. " Yale Law Journal 103: 1495-1531. A law review note arguing that the constitutional right to privacy requires states to sanction and recognize samesex marriages.
301. Holmes, Oliver Wendell, Jr. 1897. "The Path of the Law. " Harvard Law Review 10: 457-478. A landmark speech discussing the development and advantages of the common law.
302. Holt, Angela. 2002. "From My Cold Dead Hands: Williams v. Pryor and the Constitutionality of Alabama's AntiVibrator Law. " Alabama Law Review 53: 927-947. A law review article arguing that the private use of sexually stimulating devices should be protected under the rubric of constitutional privacy.
303. Hull, N. E. H. 2001. Roe v. Wade: The Abortion Rights Controversy in American History. Lawrence: University Press of Kansas. A historical account of abortion in the United States since 1800.
304. Humphry, Derek, and Mary Clement. 1998. Freedom to Die: People, Politics, and the Rightto-Die Movement. New York: St. Martin's Press. A wellresearched examination of the righttodie movement in the United States.
305. Hunter, Nan D. 1992. The Rights of Lesbians and Gay Men. Carbondale: Southern Illinois University Press. A basic guide to a gay person's rights, published under the auspices of the American Civil Liberties Union.
306. Inness, Julie C. 1992. Privacy, Intimacy, and Isolation. New York: Oxford University Press. A difficulttoread text focusing on intimacy as the core value of privacy.
307. Kaminer, Maggie Ilene. 2001. "How Broad Is the Fundamental Right to Privacy and Personal Autonomy?-On What Grounds Should the Ban on the Sale of Sexually Stimulating Devices by Considered Unconstitutional?" American University Journal of Gender, Social Policy and the Law 9: 395-422. A law review article suggesting that the courts expand the fundamental right to privacy to include private access and use of genitalstimulating devices.
308. Kamisar, Yale. 1993. "Are Laws against Assisted Suicide Unconstitutional?" Hastings Center Report 23: 32-41. A defense of laws against assisted suicide.
309. Kamisar, Yale. 1995. "Against Assisted Suicide-Even a Very Limited Form. " University of Detroit Mercy Law Review 72: 735-769. A wellresearched article opposing assisted suicide.
310. Kappelhoff, Mark John. 1988. "Bowers v. Hardwick: Is There a Right to Privacy?" American University Law Review 37: 487-512. A critical examination of Bowers v. Hardwick and its impact on the constitutional protection of sexual privacy.
311. Katz, Pamela S. 1999. "The Case for Legal Recognition of SameSex Marriage. " Journal of Law and Policy 8: 61-106. A law review article arguing that the right to choose one's partner in marriage, irrespective of gender, should not be subjected to governmental interference.
312. Kauper, Paul C. 1965. "Penumbras, Peripheries, Emanations, Things Fundamental, and Things Forgotten. " Michigan Law Review 64: 235-258. A defense of the doctrine of unenumerated rights, the right to privacy, and Griswold v. Connecticut.
313. Keynes, Edward. 1996. Liberty, Property, and Privacy. University Park: Pennsylvania State University Press. A wellresearched text discussing the development of the fundamental rights philosophy and jurisprudence that affords constitutional protection to unenumerated liberty rights, including privacy.
314. Konvitz, Milton R. 1966. "Privacy and the Law: A Philosophical Prelude. " Law and Contemporary Problems 31: 272-280. A philosophical look at the intrinsic value of privacy.
315. Kurland, Philip B. 1976. Some Reflections on Privacy and the Constitution. Chicago: University of Chicago Center for Policy Study. A general examination of the constitutional right to privacy ten years after Griswold v. Connecticut.
316. Ladd, Everett Carll. 1997. Public Opinion about Abortion: Twentyfive Years after Roe v. Wade. Washington, DC: AEI Press. A look at how public opinion on abortion has changed since Roe v. Wade.
317. Larremore, Wilbur. 1912. "The Law of Privacy. " Columbia Law Review 12: 693-708. An examination of privacy cases in state courts prior to 1912.
318. Lewis, Penney. 2001. "Rights Discourse and Assisted Suicide. " American Journal of Law and Medicine 27: 45-99. A balanced discussion of the common and serious problems that divide those who support and those who oppose assisted suicide.
319. Locke, John. [1690] 1960. "An Essay Concerning Civil Government. " In Two Treatises of Government. Reprint. New York: Mentor. An essay concerning the limits of governmental authority, highly influential on the drafters of the Declaration of Independence and the Constitution.
320. Magnuson, Roger J. 1990. Are Gay Rights Right? Portland, OR: Multnomah. An examination of the controversy over homosexual rights.
321. Marzen, Thomas J. 1985. "Suicide: A Constitutional Right?" Duquesne Law Review 24: 1-100. The most comprehensive and heavily documented law review article ever written on suicide.
322. Marzen, Thomas J. 1994. "'Out, Out Brief Candle': Constitutionally Prescribed Suicide for the Terminally Ill. " Hastings Constitutional Law Quarterly 21: 799-826. An article arguing against a constitutional right to assisted suicide.
323. McClellan, Grant S., ed. 1976. The Right to Privacy. New York: H. H. Wilson. A look at the constitutional foundations of the right to privacy.
324. McWhirter, Darien A., and Jon D. Bible. 1992. Privacy as a Constitutional Right. New York: Quorum. An easytofollow discussion of the development and nature of the constitutional right to privacy.
325. Mill, John Stuart. [1859] 1956. On Liberty. Reprint. Indianapolis, IN: BobbsMerrill. A classic text exploring the limits on governmental authority over the individual.
326. Mohr, Richard D. 1986. "Mr. Justice Douglas at Sodom: Gays and Privacy. " Columbia Human Rights Law Review 18: 43-110. A law review article arguing in favor of a constitutional right to homosexual sodomy.
327. Neeley, G. Steven. 1994. The Constitutional Right to Suicide: A Legal and Philosophical Examination. New York: P. Lang. A justification for cloaking suicide with constitutional protection.
328. Nossiff, Rosemary. 2001. Before Roe: Abortion Policy in the States. Philadelphia: Temple University Press. An analysis of abortion policy in the United States prior to Roe v. Wade.
329. O'Brien, David M. 1979. Privacy, Law, and Public Policy. New York: Praeger. A detailed analysis of privacy jurisprudence, including an examination of the different conceptions of privacy and policy recommendations on the subject of informational privacy.
330. O'Brien, Denis. 1902. "The Right of Privacy. " Columbia Law Review 2: 437-448. A defense of the New York Court of Appeals' decision not to recognize privacy as a constitutional right in a turnofthecentury case.
331. O'Neill, Kevin Francis. 1993. "The Road Not Taken: State Constitutions as an Alternative Source of Protection for Reproductive Rights. " New York Law School Journal of Human Rights 11: 5-77. An analysis of how state guarantees of liberty, equal protection, and privacy can be used to challenge abortion restrictions.
332. Palmer, Louis J., Jr. 2002. Encyclopedia of Abortion in the United States. Jefferson, NC: McFarland. A reference work on abortion in the United States.
333. Parker, Richard B. 1974. "A Definition of Privacy. " Rutgers Law Review 1974: 275-296. An attempt to define more clearly a legal and philosophical definition of privacy.
334. Parry, Joseph Hyrum. 1890. Constitutional and Governmental Rights of the Mormons. Salt Lake City, UT: J. H. Parry. A collection of primary sources on the Mormon Church, including a digest of the decisions of the Supreme Court applicable to polygamy.
335. Patterson, Bennett. 1955. The Forgotten Ninth Amendment. Indianapolis, IN: BobbsMerrill. A thorough examination of the legislative history of the Ninth Amendment, concluding that there are "individual inherent rights" that are unenumerated and independent of constitutional grant.
336. Paul, Ellen Frankel, Jeffrey Paul, and Fred D. Miller Jr., eds. 2000. The Right of Privacy. New York: Cambridge University Press. A collection of essays written by philosophers and academic lawyers examining various aspects of the right to privacy as well as the roles that this right plays in moral philosophy, legal theory, and public policy.
337. Plasencia, Madeline Mercedes. 1999. Right to Privacy and the Constitution. New York: Taylor and Francis. A massive compendium examining the major decision of the Supreme Court with respect to privacy rights.
338. Posner, Richard A. 1979. "The Uncertain Protection of Privacy by the Supreme Court. " Supreme Court Review 1979: 173-216. An examination of the Supreme Court's decisions dealing with privacy after Griswold v. Connecticut.
339. Pratt, Walter F. 1975. "The Warren and Brandeis Argument for a Right to Privacy. " Public Law 1975: 161-179. A comparison between the English and American protections for privacy.
340. Prosser, William L. 1960. "Privacy. " California Law Review 48: 383-423. A seminal work postulating that the law of privacy comprises four distinct kinds of invasions: intrusion, public disclosure of private facts, false light, and appropriation of character for commercial work.
341. Quill, Timothy E., Bernard Lo, and Dan W. Brock. 1997. "Palliative Options of Last Resort: A Comparison of Voluntary Stopping Eating and Drinking, Terminal Sedation, Physician-Assisted Suicide, and Voluntary Active Euthanasia. " Journal of the American Medical Association 278: 2099-2104. An explanation of various endoflife options for elderly or terminally ill patients.
342. Reagan, Leslie J. 1997. When Abortion Was a Crime: Women, Medicine, and Law in the United States, 1867-1973. Berkeley: University of California Press. A look at abortion in the century preceding Roe v. Wade.
343. Redlich, Norman. 1962. "Are There 'Certain Rights... Retained by the People'?" New York University Law Review 37: 787-812. An examination of the history of the Ninth Amendment, concluding that it is intended to permit the judicial definition of rights adjacent to, or analogous with, the pattern of rights found in the Constitution.
344. Reiman, Jeffery. 1976. "Privacy, Intimacy, and Personhood. " Philosophy and Public Affairs 6: 26-44. A discussion on the value of the right to privacy.
345. Rhode, Debra. 1989. Justice and Gender: Sex Discrimination and the Law. Cambridge, MA: Harvard University Press. A historical examination of gender and the law in the United States from the nineteenth century to the present, including a look at contraception and abortion.
346. Richard, David A. J. 1986. Toleration and the Constitution. New York: Oxford University Press. A highly readable historical review of several constitutional issues, including privacy.
347. "The Right to Privacy in Nineteenth Century America. " 1981. Harvard Law Review 94: 1892-1910. A welldocumented note examining the extent to which nineteenthcentury courts and legislatures recognized privacy as an independent interest.
348. Rosen, Jeffrey. 2000. The Unwanted Gaze: The Destruction of Privacy in America. New York: Random House. An examination of the legal, technical, and cultural changes that have undermined the individual's ability to control how much information about himself or herself is communicated to others.
349. Rubenfeld, Jed. 1989. "The Right of Privacy. " Harvard Law Review 102: 737-807. A penetrating analysis of the profound consequences that are brought about laws that prohibit abortion and ban private sexual relations between consenting adults.
350. Samar, Vincent Joseph. 1991. The Right to Privacy: Gays, Lesbians, and the Constitution. Philadelphia: Temple University Press. An examination of privacy jurisprudence relating to homosexual relations.
351. Schowengerdt, Dale M. 2001. "Defending Marriage: A Litigation Strategy to Oppose SameSex 'Marriage.'" Regent University Law Review 14: 487-511. An overview of litigation techniques to limit marriage to traditional heterosexual marriage.
352. Shapiro, Ian. 2001. Abortion: The Supreme Court Decisions, 1965-2000. A reference work on every major Supreme Court decision on abortion in the last forty years.
353. Solinger, Rickie. 1998. Abortion Wars: A Half Century of Struggle, 1950-2000. Berkeley: University of California Press. A penetrating account of abortion politics and history in the United States since 1950.
354. Stewart, Chuck. 2001. Homosexuality and the Law: A Dictionary. Santa Barbara, CA: ABCCLIO. A reference work on homosexuality and the law.
355. Story, Joseph. 1851. Commentaries on the Constitution of the United States. 2d ed. Boston: C. C. Little and J. Brown. An early and oftcited treatise on the U.S. Constitution.
356. Strasser, Mark. 2000. "Sex, Law, and the Sacred Precincts of the Marital Bedroom: On State and Federal Right to Privacy Jurisprudence. " Notre Dame Journal of Law, Ethics, and Public Policy 14: 753-789. A law review article arguing that any plausible reading of the right to privacy jurisprudence must include the right of samesex couples to marry.
357. Strasser, Mark. 2002. "Same-Sex Marriages and Civil Unions: On Meaning, Free Exercise, and Constitutional Guarantees. " Loyola University Chicago Law Journal 33: 597-630. A plea for constitutional protection for samesex marriages.
358. Strickman, Leonard P. 1982. "Marriage, Divorce, and the Constitution. " Family Law Quarterly 15: 259-348. A welldocumented consideration of the constitutional issues surrounding marriage and divorce.
359. Strum, Phillippa. 1998. Privacy: The Debate in the United States Since 1945. Fort Worth, TX: Harcourt Brace. A look at the constitutional foundations of privacy and the various ways in which government has interfered with privacy since the end of World War II.
360. Suhr, Charles. 1991. "Cruzan v. Director, Missouri Department of Health: A Clear and Convincing Call for Comprehensive Legislation to Protect Incompetent Patients' Rights. " American University Law Review 40: 1477-1519. An examination of the approach used by the Supreme Court in addressing the issue of an incompetent patient's right to die.
361. Sykes, Charles J. 1999. The End of Privacy. New York: St. Martin's Press. An analysis of the challenges to informational privacy posed by technological advancements.
362. Thomsen, Judith Jarvis. 1975. "The Right to Privacy. " Philosophy and Public Affairs 4: 295-314. A philosopher's look into the status and nature of the right to privacy.
363. Tribe, Laurence H. 1988. American Constitutional Law. 2d ed. New York: Foundation Press. The most comprehensive modern treatise on American constitutional law, including a chapter on rights of privacy and personhood.
364. Trosino, James. 1993. "Note, American Wedding: Same-Sex Marriage and the Miscegenation Analogy. " Boston University Law Review 73: 93-120. A law review article suggesting that courts compel states to permit samesex marriages in the same manner that the U.S. Supreme Court compelled states to permit interracial marriages-by recognizing the claimed right either as a fundamental right to marry, or of privacy, or of intimate association.
365. Turkington, Richard C. 1990. "Legacy of the Warren and Brandeis Article: The Emerging Unencumbered Constitutional Right to Informational Privacy. " Northern Illinois University Law Review 10: 479-520. A penetrating discussion of the constitutional right to informational privacy.
366. Turkington, Richard C., and Anita L. Allen. 1999. Privacy Law. St. Paul, MN: West Group. A comprehensive casebook, with comments, on the law of privacy.
367. Tushnet, Mark. 1991. "Two Notes on the Jurisprudence of Privacy. " Constitutional Commentary 8: 75-85. A defense of Justice Douglas's opinion in Griswold v. Connecticut.
368. Urofsky, Melvin I. 1994. Letting Go: Death, Dying, and the Law. Norman: University of Oklahoma Press. A discussion of the legal, historical, ethical, and medical issues related to the right to die.
369. Urofsky, Melvin I. 2000. Lethal Judgments: Assisted Suicide and American Law. Lawrence: University Press of Kansas. A discussion of the legal, historical, ethical, and medical issues related to assisted suicide.
370. Urofsky, Melvin I., and Philip E. Urofsky. 1996. The Right to Die: A Two-Volume Anthology of Scholarly Works. New York: Garland. A collection of articles on the right to die.
371. Wadlington, Walter. 1966. "The Loving Case: Virginia's Anti-Miscegenation Statute in Historical Perspective. " Virginia Law Review 52: 1189-1223. An examination of Virginia's antimiscegenation laws in historical context, together with the problems created by such laws.
372. Wardle, Lynn D. 1996. "A Critical Analysis of Constitutional Claims for Same-Sex Marriage. " Brigham Young Law Review 1996: 1-101. A wellwritten law review article asserting that samesex marriage is not a part of the fundamental right to marry and is inconsistent with our nation's history and traditions.
373. Warren, Samuel D., and Louis D. Brandeis. 1890. "The Right to Privacy. " Harvard Law Review 9: 193-220. The starting point in any discussion on constitutional privacy, calling upon the courts to recognize a specific constitutional right to privacy, a right independent of property and liberty and unrelated to tort law.
374. Weddington, Sarah. 1992. A Question of Choice. New York: G. P. Putnam's Sons. A behindthescenes look at Roe v. Wade, written by the lawyer who won the case.
375. Weir, Robert F., ed. 1997. Physician-Assisted Suicide. Bloomington: Indiana University Press. A balanced collection of essays on physicianassisted suicide written by academics, lawyers, and physicians.
376. Westin, Alan F. 1967. Privacy and Freedom. New York: Atheneum. An oftcited text examining the functions of privacy as well as the advances in the technology of privacyinvasion devices.
377. Whiting, Raymond. 2002. A Natural Right to Die: Twenty-three Centuries of Debate. Westport, CT: Greenwood Press. A look at the righttodie question beyond the borders of the United States, demonstrating how current U.S. attitudes and practices have been influenced by the legal and cultural development of the ancient Western world.
378. Wolhandler, Steven J. 1984. "Voluntary Active Euthanasia for the Terminally Ill and the Constitutional Right to Privacy. " Cornell Law Review 69: 363-383. An early law review article on the right to die, arguing that the constitutional right to privacy protects a competent terminal patient's right to determine the time and manner of his or her death.
379. Woodhouse, Barbara Bennett. 1992. "Who Owns the Child? Meyer and Pierce and the Child as Property. " William and Mary Law Review 33: 995-1122. A revisionist history of two liberal icons, Meyer v. Nebraska and Pierce v. Society of Sisters, and a discussion of the ways in which the legacy of these two cases continues to shape family law and family policy.
380. Woodman, Sue. 1998. Last Rights: The Struggle over the Right to Die. New York: Plenum Trade. An examination of the righttodie movement worldwide.
381. Zucker, Marjorie B. 1999. The Right to Die Debate: A Documentary History. Westport, CT: Greenwood Press. A collection of primary documents tracing the history and development of the right to die in the United States.