Vol. 73, No. 11, November
2000
Book Reviews
|
The Challenge of Same-Sex
Marriage: Federalist Principles and Constitutional
Protections
 By Mark Strasser (Westport, CT: Greenwood Publishers, 1999).
272 pgs. $59.95. Order, (800) 225-5800.
Reviewed by Angela McKenzie
|
This book is an ambitious attempt at analyzing the
constitutionality of same-sex marriage laws and legislation. What makes
this book interesting is its ability to take this controversial issue
and constrain it within the confines of legal theories. And perhaps,
this is what is needed for such a topic.
The introduction outlines each chapter, which is useful in helping
tie together several of the theories put forth. Strasser hashes out
relevant issues within the same-sex marriage debate: same-sex marriages
promoting the same individual and state interests that opposite-sex
marriages promote; and same-sex marriage bans implicating equal
protection guarantees and the Full Faith and Credit clause forcing other
states to recognize same-sex marriages. The Hawaii Supreme Court and
Alaska trial court holdings that their respective states' same-sex
marriage ban was unconstitutional become the backdrop for each
discussion. In the latter part of the text, Strasser discusses the
Natural Law critique of same-sex marriages and the constitutionality of
the 1996 Defense of Marriage Act (DOMA).
It seems as if Strasser is trying to convince the reader that banning
same-sex marriages would be against current state and federal
constitutions. But as this review is being written, state legislators
are trying to amend their constitutions to ban same-sex marriages. At
this point, is constitutionality still relevant or is there a bigger
picture? Nevertheless, The Challenge of Same-Sex Marriage is a
well-documented (selected bibliography of the cases and an index for
quick referencing) examination of important legal principles in the
same-sex marriage debate.
However, the issue is more complex than Strasser's book would have
the reader believe.
Angela McKenzie, U.W. 1999, is a W. Dale Phillips Scholar.
|
Hate Speech, Pornography, and
the Radical Attack on Free Speech Doctrine
By James Weinstein (Boulder, CO: Westview Press,
1999). 282 pgs. Paper. $25.
Reviewed by Peter M. Koneazny
|
James Weinstein's is a moderate voice in a debate that sets civil
rights advocates at each others' throats. His book is a respectful
critique of "radical" arguments for banning racist speech and
pornography, introduced by a concise summary of free speech theory and
recent U.S. Supreme Court jurisprudence.
Weinstein's radicals - notably Mari Matsuda, Richard Delgado, and
Charles Lawrence on race, and Catherine MacKinnon and Andrea Dworkin on
pornography - argue that current law perpetuates discrimination, while
hiding behind a flawed notion of neutrality. Weinstein does not totally
disagree, but he ultimately rejects any significant doctrinal change.
While the First Amendment could withstand a narrowly drawn ban on racist
insults (without fear of the "slippery slope"), Weinstein questions how
much we would gain. Censorship of racists often backfires because it
gives them attention, while subtler and more pervasive racist speech
could not be banned because it cannot be distinguished effectively from
core political discourse.
Similarly, Weinstein argues that we could ban more hard-core
pornography than we do, without weakening the First Amendment. But this
would not satisfy the MacKinnon-Dworkin radicals, who target all
pornographic pictures or writing if they "demean" or "subordinate"
women. Weinstein finds these concepts hopelessly subjective. Among the
ironies the author notes is that hate speech laws are used against
minorities and that Andrea Dworkin's own novel was one of the first
"pornographic" books Canada banned after adopting the MacKinnon-Dworkin
approach.
Weinstein writes clearly and for a broad audience. Liberal use of
headings and footnotes allows for a fly-over tour of the arguments, or a
more detailed study of the literature and case law. While more academic
than practical, this short volume is an excellent primer on free speech
theory and an insightful look at one of the First Amendment's most
interesting and contentious debates.
Peter M. Koneazny, N.Y.U. 1983, is the Legal Director of the American
Civil Liberties Union of Wisconsin Foundation and an occasional defender
of hate speech and pornography.
|
Revolutionary Women in the War for
American Independence
 By Hon. Donald P. Lay (Eagan, MN: West
Publishing Co., 1996). 209 pgs. Paper. $17.75.
Reviewed by Dallas E. Klemmer
|
Reporting on a facet of the Revolutionary War which is little
studied, Lincoln Diamant's edited version of Elizabeth Ellet's 1848 work
is an interesting picture of the role women played in the war for
independence. Women throughout the colonies, both for and against
independence, willingly sacrificed their luxuries, necessities, and
lives on behalf of their chosen cause. History books have neglected the
effects of the war on the families who remained at home or who traveled
with the companies of soldiers. This book provides enlightenment on this
area of our history.
Categorized by Colony, Revolutionary Women includes brief stories of
several women from each Colony. The featured women vary from those who
silently, but diligently, performed all manner of work in order to
support the war effort to women who actively participated in message
delivery, espionage, and battle. The book intentionally includes famous
and powerful women as well as women of average means, demonstrating the
effects of the war upon all members of society.
Although the book's writing style is much more formal than our
current historical writing styles, the grammar and subject matter is
light enough not to interfere with the reader's enjoyment. Most
objectionable may be the determined portrayal of women as the "weaker"
and "more delicate" sex. However, considering that this book was
published originally in the mid-19th century, one must overlook this
treatment of women in order to appreciate one of the few works actually
willing to focus on the important role women played during this period
of our history.
Revolutionary Women in the War for American Independence is an
enjoyable read and will provide a more rounded understanding of daily
life and the role of women during the war for independence.
Dallas E. Klemmer, University of South Carolina 1994, is an associate
practicing in real estate and estate planning with Alexander Law Offices
S.C., Wauwatosa.
|
To Review a
Book...
The following books are available for review. Please request the book
and writing guidelines from Karlé Lester at the State Bar of
Wisconsin, P.O. Box 7158, Madison, WI 53707-7158, (608) 250-6127, klester@wisbar.org. Reviewers may
keep the book they review. Reviews are published in the order in which
they are received. To purchase any book reviewed in this column, please
visit the State Bar's Web site, www.wisbar.org/bookstore/ for secure online
ordering, or contact the publisher, or ask your local bookstore to order
it for you.
Publications and videos available for review -
Updated Oct. 31, 2000
- Atlas of Crime: Mapping the Criminal
Landscape, edited by Linda S. Turnbull, Elaine Hallisey
Hendrix, & Borden D. Dent (Phoenix, AZ: Oryx Press, 2000). 270
pgs.
- Business Valuation Bluebook: How Entrepreneurs Buy, Sell
and Trade, by Chad Simmons (Prairie Village, KS: The
Corinth Press, 2000). 244 pgs.
- Child Sexual Abuse in Civil Cases: A Guide to Custody
and Tort Actions, by Ann M. Haralambie (Chicago, IL: ABA
Family Law Section, 2000). 464 pgs.
- Concise Guide to Successful Employment Practices, third
edition, by J.D. Thorne (Riverwoods, IL: CCH Inc., 2000).
522 pgs.
- Federal Privacy Rules for Financial
Institutions, by K.M. Bianco, J. Hamilton, J.M.
Pachkowski, R.A. Roth, A.A. Turner (Riverwoods, IL: CCH Inc., 2000). 504
pgs.
- Franchising for Dummies, by Dave Thomas
& Michael Seid (Foster City, CA: IDG Books Worldwide Inc., 2000).
378 pgs.
- Law Office Policy & Procedures Manual: Fourth
Edition, edited by Robert C. Wert & Howard I. Hatoff
(Chicago, IL: ABA Law Practice Management Section, 2000). With
diskette.
- Model Law for Assisted Treatment, by the
Treatment Advocacy Center (Arlington, VA: Treatment Advocacy Center,
2000). 22 pgs. Booklet. Order, (703) 294-6001.
- On the Witness Stand: How to be a Great Witness When
You're Called to Court, by Robert Gordon & Ami Gordon
( Addison, TX: Wilmington Institute Network, 2000). 133 pgs.
- Run for Your Life, by Andrea Kane (New
York, NY: Pocket Books, 2000). 464 pgs. Fiction.
- Virtual Teams: People Working Across Boundaries with
Technology, by Jessica Lipnack & Jeffrey Stamps (New
York, NY: John Wiley & Sons). 317 pgs.
- The Women's Guide to Legal Issues, by
Nancy L. Jones & Phil Philcox (Los Angeles, CA: Renaissance Books,
2000). 414 pgs.
|
Wisconsin
Lawyer
