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SEE ALSO Library Reserves for Philosophy 110 and Library Reserves for Philosophy 130

All annotations by Professor Colleen Boyle.

Arguments Regarding a National Draft/Conscription

Capital Punishment

Child Sex Offenders - Extended Punishments

Child Sex Offenders - Megan's Law

  • Does Megan's Law Work? A Theory-Driven Systematic Review
    http://www.evidencenetwork.co.uk/Documents/wp8.pdf

    A scholarly article on tracking laws, using Megan's law as its model, to see whether the laws are or could be evidence-based. A good study of the effectiveness and history of Megan's law.
        
  • Megan's Law Deceptive, Experts Say 'It Tends To Give People A False Sense Of Safety'
    http://www.vachss.com/av_dispatches/megan_2.html
    Discussion of an argument that laws to treat sex offenders are potentially harmful because they perpetuate the myth that children are most likely to be harmed by predatory strangers; this is statistically as false as false can be (between 80 and 90% of offenses against children are committed by people the children know), and opponents worry that the laws give lawmakers a false sense of security and promote the myth of "stranger danger."

Child Sex Offenders - Shame-Based Punishments

  • Colonial Williamsburg Journal: "Bilboes, Brands, and Branks Colonial Crimes and Punishments" by James A. Cox
    http://history.org/Foundation/journal/spring03/branks.cfm
    This talks about some of the shaming punishments popular in the U.S. colonial period, with some re-staged examples from "Williamsburg" in a slide show so you can see some of the popular punishments. It's in the context of Braithwaite and Friedman's work on reintegrative shaming (reintegrative shaming is the method that attempts to rehabilitate the offender w/the shaming - through a process of reintegration into the society - rather than indicating symbolically that the offender is no longer a member of the community - which leads pretty inevitably to more criminality b/c the offender is de facto exiled and has to commit crime in order to live).
        
  • Crime, Shame and Reintegration by John Bratihwaite
    Click on the title of this book to see sample pages from Google Scholar.
    This is the most cited work on shame-based punishments. Your instructor is working on getting the book for Reserve, so check to see if it's available yet at the Library Circulation Desk.
        
  • John Braithwaite: Peacebuilder, Social Scientist and Restorative Justice Activist.
    http://www.realjustice.org/library/braithwaite06.html
    A biography of John Braithwaite, best known for his seminal book on Reintegrative shaming. Gives an overview of how the idea of reintegrative shaming works.
        
  • Guilt, shame, and family socialization: a retrospective study.
    Click on article title.
    You will be asked to input your last name and student ID number to gain access.
    A sociological/psychological study about how shame can be used to successfully impose social norms - good to see what's required for it to function properly. From Journal of Family Issues.
            
  • Leading Edge: Allison Morris
    http://www.rjonline.org/resources/leading/morris
    Biographical page on researcher working on restorative shaming in New Zealand. One important piece of information from this page - research has apparently shown that certain characteristics have to be in place in the defender and the crime in order for reintegrative shaming to work effectively. At the bottom of the page, there's a brief discussion of why those characteristics are in place in a particular case she discusses, so you can get an idea of what those characteristics are and analyze whether they're also in place in sex-offenses.

        
  • Restorative Justice and School Violence: Building Theory and Practice
    http://www.realjustice.org/library/morrison_bullying.html
    Full-text article on use of reintegrative shaming to control school bullying. Again, helpful to see the process that needs to be in place in order for shaming to be effective. Especially contrast against the problems with non-reintegrative shaming discussed in the historical article above about shaming in Germany.
        
  • Restorative Justice Online: Reintegrative Shaming
    http://www.restorativejustice.org/resources/theory/shaming/
    From a prison justice website, their resources page on restorative/reintegrative shaming. Has a list of abstracts for multiple articles on the subject and also access to journal articles on reintegrative shaming.
        
  • "Shame as a Means of Punishment" by Satu Lidman
    http://www.ennenjanyt.net/2-01/lidman.pdf
    A scholarly article from a conference on criminal justice methods, reviewing some historical uses of shaming punishments in Germany. Seems to concentrate largely on the use of shame to symbolically exile the offender, and shows how non-re-integrative shaming usually leads to higher levels of crime because the offender is forced to commit crime in order to survive in the "wild."

Child Sex Offenders - Treatment

Conscience Clauses for Pharmacists

  • American Pharmacists Association
    http://www.aphanet.org/Am/Template.cfm?Section=Home
    Includes links to the APhA's statement of conscience refusals and press releases. To go directly to the transcript of their testimony to the House Small Business Committee 7/25/05, go to the following link http://www.aphanet.org/AM/Template.cfm?Section=Search&section=July6&template=/CM/ContentDisplay.cfm&ContentFileID=640 
        
  • Do Pharmacists Have the Right to Refuse to Dispense a Prescription Based on Personal Beliefs? 
    http://www.nm-pharmacy.com/body_rights.htm
    A paper written by students in a Pharmacy Law & Ethics class at the University of New Mexico. References to current laws and pending laws are helpful; interesting and helpful distinctions are made and discussions are opened. The arguments do not end up being terribly well-developed, but they generate very helpful avenues for further argument. An argument for the clauses.
        
  • Exploring Constitutional Law
    http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/home.html
    This is an educational and non-commercial site maintained at the University of Missouri-Kansas City Law School by Doug Linder, Professor of Law. Includes the full text of the U.S. Constitution, sections on various constitutional conflicts (right to die, right to abortion, gay marriage. laws burdening religiously motivated conduct, and much more), landmark Supreme Court cases, and loads of other helpful material. For information about the free exercise of religion and its implications, see this sub-page: http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/freeexercise.htm 
        
  • Laws Protecting Pharmacist's Refusal
    http://www.constitutioncenter.org/education/ForEducators/DiscussionStarters/PharmacistConscienceLaws.shtml Th
    is website is created and maintained by the National Constitution Center, part of the Annenberg Public Policy Center at the University of Pennsylvania. It includes a brief description of the issue, some discussion of central constitutional issues at stake, and a discussion of other possible constitutional issues involved (for example, the 5th Amendment protects private property - some opponents of conscience clauses argue that a legal prescription is the patient's property). Also includes good related links, particularly to relevant Supreme Court cases. A good resource from a highly reliable source.
        
  • The Morning After (PBS)
    http://www.pbs.org/wnet/journaleditorialreport/061005/qa1.html
    An editorial from the PBS publication The Journal Editorial Report: Briefing & Opinion. A brief and not terribly deep debate between a pharmacist who supports conscience clauses and a local doctor and director of Planned Parenthood who oppose the clauses. Gives some insight into some of the lines of debate. Be sure to click through the whole list of topics shown at the top right corner so that you see the whole debate (they show about 4-5 questions per page).
        
  • New Refusal Clauses Shatter Balance Between Provider "Conscience," Patient Need
    http://www.guttmacher.org/pubs/tgr/07/3/gr070301.html
    The Guttmacher Institute is a public policy group. This article is an argument that conscience refusals upset the balance between the freedom of providers to exercise their consciences and the freedom of individuals seeking care to exercise their consciences and make their own health decisions.
        
  • Pharmacists Dispense with Conscience -- or Not?
    http://pub.ucsf.edu/today/news.php?news_id=200410142 
    An article from UCSF Today, a publication of the University of California, San Francisco. Gives a quick summary of some of the conscience clause laws being proposed, and has two QuickTime clips showing opposing arguments about conscience clauses protecting pharmacists from disciplinary action if they refuse care due to moral objections. 
     
  • Refusal Clauses: A Threat to Reproductive Rights
    http://www.plannedparenthood.org/news-articles-press/politics-policy-issues/birth-control-access-prevention/refusal-clauses-6544.htm
    Planned Parenthood's article on conscience clauses; an argument against the clauses. Full of a variety of helpful statistics, regardless of one's position on the issue.
        
  • Refusing to Participate in Health Care: A Continuing Debate
    http://www.guttmacher.org/pubs/tgr/03/1/gr030108.html 
    Very good history of expanding state and federal law allowing for conscience refusal; good resource for finding out what laws currently exist, where, and what laws are in consideration. Has a very helpful chart showing, state-by-state, what procedures people are allowed to "opt out" from participating in, who is allowed to "opt out," and under what circumstances. A good basic resource for everyone in the group, regardless of sub-topic.
        
  • Bitter Pill: Women's Health Clinic Files Complaint Against Swedish Medical Center Pharmacy
    http://www.thestranger.com/seattle/Content?oid=31667

    The Stranger is a free weekly newspaper in Seattle, WA. This is an article about how some pharmacists are refusing to fill *any* prescriptions if they come from a local women's clinic that provides a variety of medical services, including abortions, but also pre-natal care and delivery. Pharmacists have refused to fill prescriptions for antibiotics and vitamins if the prescription comes from the clinic.
          

Debate Over "Intelligent Design" in Schools

  • Center for Science and Culture
    http://www.discovery.org/csc/
    Website for the leading proponent of Intelligent Design. For articles advocating "teaching the 'controversy'" -- the main argument by proponents of Intelligent Design for why their idea should be included in science classrooms, see the following sub-page:    
    http://www.discovery.org/scripts/viewDB/index.php?command=view&id=2633&program=CSC%20-%20Science%20and%20Education%20Policy%20-%20News%20and%20Articles 
        
  • Pharyngula
    http://scienceblogs.com/pharyngula/
    This site is the weblog of Paul Z. Myers, Ph. D. Dr. Myers is a Professor of Biology at the University of Minnesota and a very forcefully-spoken opponent of the Intelligent Design movement. The site contains detailed arguments against the claims of Intelligent Design proponents that there are "gaps" in the theory of evolution that can't be explained, as well as a number of helpful links. Largely geared toward a general reading public, you can find more detailed scientific articles on the links bar to the left of the page.
        
  • Speaking Freely
    http://aclupa.blogspot.com
    The blog of the American Civil Liberties Union, Pennsylvania Chapter has daily running coverage of the Dover trial (Kitzmiller v. Dover) with helpful links to pages with information on those testifying as well as relevant testimony. Also includes links to trial transcripts and new coverage of the trial.
        
  • 29+ Evidences for Macroevolution: The Scientific Case for Common Descent
    http://www.talkorigins.org/faqs/comdesc/
    An article from Talk.Origins giving reasons why macroevolution is well-supported by research. Macroevolution is evolution on the "grand scale" resulting in the origin of higher taxa. In evolutionary theory, it thus entails common ancestry, descent with modification, speciation, the genealogical relatedness of all life, transformation of species, and large-scale functional and structural changes of populations through time, all at or above the species level. Opponents of evolution sometimes accept "microevolution," changes below the species level (a poodle and a Doberman, for example, have obviously undergone some different development, but they're both members of the same species -- Canis familiaris.). But those who are opposed to evolution are opposed to the idea that it can explain major changes through time, which obviously challenges the idea that we were all created by God more or less as we are now.
        
    This link leads to refutations of many of the central argument of Intelligent Design proponents: http://www.talkorigins.org/faqs/wells/
        
  • The Wedge Strategy
    http://www.antievolution.org/features/wedge.html
    This is a document written by the Center for the Renewal of Science and Culture, the leading group promoting the teaching of Intelligent Design in school science classes. Pay particular attention to the governing goals in terms of the constitutional issues raised.
        

Group Rights / Strong Multiculturalism

  • In Defense of Universal Values
    http://kroc.nd.edu/ocpapers/op_16_1.pdf
    This is a paper by Martha Nussbaum, a professor of Philosophy at Harvard University, arguing for a rights-centered approach to justice (that would be against strong multiculturalism). It covers issues of what it means to make a genuinely free choice, as well (see sections IV - VI).
        

Human Use of Non-Human Animals

  • Animal Liberation at 30
    http://www.nybooks.com/articles/16276
    An article by Peter Singer, who is very influential in arguing that we do need to take the pain of animals into account when we decide how to treat them.
        
  • Animal Rights Law Project
    http://www.animal-law.org
    A project of the Rutger's University School of Law. Mostly contains helpful links to animal welfare and hunter-protection laws -- very helpful for finding out the current state of laws regarding animals.
        
  • The Ethics of Liberty
    http://www.mises.org/rothbard/ethics/twentyone.asp
    This is by Murray N. Rothbard, a Fellow at the Ludwig von Mises Institute in Austria. It argues that we don't have to take animals into account when we make decisions. Basically, the argument is that you only "get" moral consideration if you can "give" moral consideration. Since a wolf can't decide to be nice to you, the wolf just isn't a member of the normal realm -- we only have to be considerate of other humans, since they're the only creatures who can be considerate of us.
          
  • Extracts from DIET, NUTRITION, AND THE PREVENTION OF CHRONIC DISEASES
    http://www.mcspotlight.org/media/reports/who_rep.html 
    Summary of a report from the World Health Organization on the deleterious effects on populations of eating high fat, high protein diets. This is relevant to the animal welfare question because it questions the assumption that people need to eat diets with lots of animal protein for their health. Many studies show that the high level of animal protein consumed by most people in the U.S. is actually quite bad for their health. The study points out that the connection to heart disease is much better established than connections to various types of cancers, but worry exist that high meat consumption may also be connected to higher rates of certain types of cancer.
        
  • Federal Animal Welfare Act and Regulations
    http://www.nal.usda.gov/awic/legislat/usdaleg1.htm
    Federal law on the handling, sale, and care of certain animals. Mostly to do with agricultural animals, but also has sections on dogs and cats.
      
  • The Moral Status of Animals
    http://plato.stanford.edu/entries/moral-animal/
    This article by Lori Gruen in the Stanford Encyclopedia of Philosophy gives a basic introduction to the debate about whether we have to take animals into consideration or not. A top-notch site.
       
  • What Is Your Drive? Science or Ethics?
    http://onlineethics.org/reseth/appe/vol6/drive.html
    Article from the Online Ethics Center for Engineering and Science at Case Western University. Contains some real-life ethical dilemmas faced by scientists engaged in experimentation involving animals, as well as discussion sessions following the cases and some commentary by graduate students or professors. The particular case linked above has to do with a recent graduate working with chimpanzees who have been injected with HIV.
        

Immigration

Issues Related to Gun Control

  • A Right to Bear Arms? The Issue - Does the Second Amendment Give Individuals a Right to Bear Arms?
    http://law2.umkc.edu/faculty/projects/ftrials/conlaw/beararms.htm
    A faculty-curated educational site with a good overview of the second amendment as well as important cases that shaped the interpretation of the second amendment.
     

Parental Consent Laws for Abortion

  • Abortion: Policy Analyses
    http://www.guttmacher.org/sections/abortion.php?pub=policy
    Main page on abortion research, policy analysis, and state-wide statistics from the Guttmacher institute.  This is a widely respected non-profit group with balanced, scholarly analysis.  A good resource for national and state abortion statistics.
        
  • Abortion: religion and ethics
    http://www.bbc.co.uk/religion/ethics/abortion/
    General introduction to issue of abortion from BBC.  A good overview of some relevant laws, although it just gives information about Roe, without saying how laws changed when Casey became the controlling law.  Nonetheless, a helpful introduction to the basic issue.
        
  • Exploring Constitutional Law
    http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/home.html
    This is an educational and non-commercial site maintained at the University of Missouri-Kansas City Law School by Doug Linder, Professor of Law. Includes the full text of the U.S. Constitution, sections on various constitutional conflicts (right to die, right to abortion, gay marriage. laws burdening religiously motivated conduct, and much more), landmark Supreme Court cases, and loads of other helpful material. 
        
    For more information on the 14th amendment and abortion, see:
    http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/abortion.htm

        
  • Lawyers, Guns and Money: Parental Notification On the Ground
    http://lefarkins.blogspot.com/2005/04/parental-notification-on-ground.html
    The author is an assistant professor of Political Science at Hunter College in New York; he specializes in public law, constitutional studies, and reproductive rights. The link is to an argument that parental notification laws don't achieve any positive outcome and are arbitrarily enforced, and so ought to be opposed.
        
  • Minors and the Right to Consent to Health Care - August 2000
    http://www.agi-usa.org/pubs/tgr/03/4/gr030404.html
    Report from the Alan Guttmacher institute, a non-profit institute specializing in reproductive health and education research, about parental notification and consent laws.  Policy analysis.
        
  • Parental consent/notification for teen abortions: Pros and Cons
    http://www.religioustolerance.org/abo_pare.htm
    Very respectful and careful site with recent statistics and a good, scholarly evaluation of the available statistics.  Do read their evaluations of the available numbers, as they point out possibly misleading statistics and show where we don’t have evidence.  They also rightly caution you to pay attention to the dates of information you’re getting, as abortion laws are volatile and change regularly because of actions in state legislatures and court rulings.
        
  • 30 May 1985 memo by Samuel Alito on Thornburgh v. ACOG
    http://www.rbs0.com/alito85.html

    The full text of Justice Alito's 1985 memo urging the Reagan administration to "chip away" at the rights defined in Roe v. Wade by supporting laws that restrict abortion access.

    For news stories giving a very brief summary of some of the portions of the 1985 memo, see the following links:

    Alito Urged an Anti-Roe Campaign - by Stephen Henderson and Howard Mintz (Philadelphia Inquirer)
    http://pewforum.org/news/display.php?NewsID=5790
        
    Alito Helped Craft Reagan-Era Move to Restrict 'Roe' - by Amy Goldstein and Jo Becker (The Washington Post)
    http://pewforum.org/news/display.php?NewsID=5797
        

Postpartum Depression & Criminal Law


Public Policy Regarding Development

  • Rights & Responsibilities
    http://www.gwu.edu/~icps/rights.html
    Website of the Institute for Communitarian Policy Studies at George Washington University. Communitarians emphasize the social (communal) aspects of human life and argue that liberal democracies stress individual liberty too strongly, to the detriment of our social being. Communitarians think that we need to stress responsibilities as much as we do rights. One thing to keep in mind about this social philosophy is that it emphasizes our obligation to sometimes subvert our private good for public good -- so Communitarians are much more conservative about social change than liberals (social change often involves communities changing their ideals to accommodate individual freedoms -- for example, in gay rights, communities that were previously homophobic had to change their beliefs to allow for greater personal freedom); Communitarians tend to be social conservatives. This doesn't, of course, invalidate the theory -- but you should keep in mind that an idea that might appeal to you in one sense may seem unappealing in others.


Same-Sex Marriage

 

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