• Choose a category
• All
• Classic-Fiction

5 In a less extreme case Ibid., p. 143.

6 The individual approaches health Ibid.

7 Based on extensive clinical research Carol Gilligan, The Birth of Pleasure: A New Map of Love (New York: Knopf, 2002), pp. 89–91, 223–25. In other works, Gilligan has explored the unique problems girls’ voices face during development. In Meeting at the Crossroads, she notes that while men often talk as if they are autonomous and free to speak as they please, women describe “a relational crisis: a giving up of voice, an abandonment of self, for the sake of becoming a good woman and having relationships.” Lyn Mikel Brown and Carol Gilligan, Meeting at the Crossroads: Women’s Psychology and Girls’ Development (Cambridge: Harvard University Press, 1992), p. 2.

8 In the 2003 case Lawrence v. Texas, 539 U.S. 558 (2003).

9 Similarly, in the 2004 case Tennessee v. Lane, 541 U.S. 509 (2004).

10 Rather, it held that all persons Ibid., p. 533.

11 I worked on a friend-of-the-court brief Brief of Amici Curiae Mary Robinson et al., Lawrence v. Texas, 539 U.S. 558 (2003) (No. 02-102).

12 We knew this argument For instance, Justice Scalia has argued that “the practices of the ‘world community,’ whose notions of justice are (thankfully) not always those of our people,” are “irrelevant” to the Court’s decisions. Atkins v. Virginia, 536 U.S. 304, 347–48 (2002) (Scalia, J., dissenting). He has similarly maintained, “Where there is not first a settled consensus among our own people, the views of other nations, however enlightened the Justices of this Court may think them to be, cannot be imposed upon Americans through the Constitution.” Thompson v. Oklahoma, 487 U.S. 815, 868–69 n. 4 (1998) (Scalia, J., dissenting).

13 But to our surprise Lawrence, 539 U.S. at 576–77.

14 As Stewart Burns Stewart Burns, To the Mountaintop: Martin Luther King Jr.‧s Sacred Mission to Save America, 1955–1968 (New York: Harper, 2004), p. 322.

15 Similarly, Malcolm X Malcolm X, “The Ballot or the Bullet” (speech, Cory Methodist Church, Cleveland, Ohio, April 3, 1964).

16 German Constitution’s Article 2(1) of the German Constitution provides: “Everyone shall have the right to free development of his personality in so far as he does not violate the rights of others or offend against the constitutional order or against morality.” Grundgesetz [Constitution] [GG] art. 2, para. 1 (F.R.G.) (official translation of the Grundgesetz provided by the German Ministry of Foreign Affairs).

17 The coup de grâce For thoughtful academic commentary on the danger that civil rights law might itself engage in and lead to stereotyping, see Richard Ford, Racial Culture: A Critique (Princeton: Princeton University Press, 2004), and Roberto J. Gonzalez, “Cultural Rights and the Immutability Requirement in Disparate Impact Doctrine,” Stanford Law Review 55 (June 2003): 2195–227.

18 Here I follow Winnicott Winnicott, “Ego Distortion.”

19 The statutory language See Civil Rights Act of 1964, U.S. Code 42 (2000), §§ 2000e–2000e-2; Americans with Disabilities Act of 1990, U.S. Code 42 (2000), §§ 12,101–12, 213.

20 Under a congressional statute Solomon Amendment, U.S. Code 10 (2004), § 983.

21 I was also elated when Burt v. Rumsfeld, No. CIV.A.3-03-CV-1777 (JCH), 2005 WL 273205 (D. Conn. Jan. 31, 2005). On January 31, 2005, Judge Janet C. Hall granted summary judgment to the plaintiffs upon finding that the statute violates the faculty’s free speech and expressive association rights. The Supreme Court has granted a writ of certiorari in a separate case challenging the same statute. See Forum for Academic and Institutional Rights v. Rumsfeld, 390 F.3d 219 (3d Cir. 2004), cert. granted, 125 S. Ct. 1977 (2005) (No. 04-1152).

22 I think here of Charles Reich, The Sorcerer of Bolinas Reef (New York: Random House, 1976).

EPILOGUE

1 “ ‘Show me the place’ ” Philip Levine, “The Doctor of Starlight,” One for the Rose (Pittsburgh: Carnegie-Mellon University Press, 1999), p. 57.

2 Raphael blushes Milton, Paradise Lost, book 7, lines 1256–66.

KENJI YOSHINO is