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Judicial Review in an Age of Moral Pluralism
This book considers how judicial review can be improved to strike the appropriate balance between legislative and judicial power.
In Defense of Plural Marriage
This book outlines the constitutional argument in favor of plural marriage in the United States.
Philosophical Foundations of Children's and Family Law
This collection is the first of its kind to examine the ethical foundations of family law. Topics include the value of marriage, the scope of parental control rights, the protection of children's interests, and the role of religious freedom in the legal attitude to family relationships.
Beyond Race, Sex, and Sexual Orientation
This book argues that current equal protection jurisprudence suffers from unnoticed normative and political problems, and elucidates a competing, extant interpretation.
Disrupting Dignity
Why LGBTQ+ people must resist the seduction of dignity In 2015, when the Supreme Court declared that gay and lesbian couples were entitled to the “equal dignity” of marriage recognition, the concept of dignity became a cornerstone for gay rights victories. In Disrupting Dignity, Stephen M. Engel and Timothy S. Lyle explore the darker side of dignity, tracing its invocation across public health politics, popular culture, and law from the early years of the HIV/AIDS crisis to our current moment. With a compassionate eye, Engel and Lyle detail how politicians, policymakers, media leaders, and even some within LGBTQ+ communities have used the concept of dignity to shame and disempower member...
Legislated Rights
Argues that legislatures are necessary for securing human rights, and opposes theories that locate that responsibility primarily with courts.
The Contested Place of Religion in Family Law
Examines clashes over religious liberty spanning the life cycle of families - from birth to death.
Constitutional Public Reason
Public reason, which urges that only laws based on principles reasonably agreeable to all those bound by them are legitimate, has rarely been applied to constitutional law, and never in a comparative way. This book aspires to fill that gap, by studying the use of public reason in different constitutional systems. In doing so, it studies public reason both as a normative idea - as a principle postulated for democratic constitutionalism, and as a descriptive account - as helping to understand many important doctrines in constitutional adjudication of some leading constitutional courts around the world, and also in the supranational sphere. Constitutional Public Reason questions the performance...
Public Reason and Courts
A comprehensive study of public reason for courts, with contributions from leading scholars in philosophy, political science and law.
Beyond Same-Sex Marriage
Although the debate over same-sex marriage in the United States has ended, no one seems to know what lies on the horizon. The conversation about what marriage could be like in the future is no longer confined to academics. In his dissent in Obergefell, Chief Justice Roberts linked the constitutionally-mandated legal recognition of same-sex marriage to the possibility that states may also have to recognize multi-person intimate relationships as well to avoid discriminating against plural marriage enthusiasts. The popularity of television shows like TLC’s Sister Wives and HBO’s Big Love suggests that Americans no longer can be dismissive of the possibility that in the foreseeable future, m...
