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Buck v Bell
Deals with a court ordered sterilization without informed consent. It upheld the states right to sterilize people without their consent. These people were feeble minded. "three generations of imbeciles are enough". Virginia law stated compulsory sterilization of those diagnosed with a mental disease. Carrie Buck had been placed in the state colony of feeble-minded in Lynchfield, Virginia. Carrie Buck, her mother, and her daughter, were all classified as 'feeble-minded', although the lawyer argued the forced sterilization violated the right to due process and her right to property and bodily integrity. The attorney argued against sterilization and warned about the dangers of establishing a scientific state if surgical processes should be permitted. The layer for the colony said the law was a legitimate exercise of police, and compared it to the idea of vaccinating children to go to school. Justice Holmes rejected arguments; "experience has shown that heredity plays an important part in the transmission of insanity." Largely seen as the enforcement of negative eugenics.
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Burlington Northern Santa Fe Railway Co (2005)
Sheila White was the only woman working in the Maintenance of Way Department of the Burlington Northern Santa Fe Railroad's Tennessee Yard. After she complained of harassment by her supervisor, she was placed in a less desirable job (but kept the same rank), and suspended for 37 days without pay. White filed suit in federal court, where a jury rejected her claims of sex discrimination but awarded her damages of $43,000 after finding that she had been retaliated against for her complaints, in violation of Title 7 of the civil rights act of 1964. On appeal, Burlington argued that White had not suffered "adverse employment action", and therefore could not bring suit, because she had not been fiered, demoted, denied a promotion, or denied wages. The Sixth Circuit Court of Appeals dissagreed, finding that suspension without pay, even if pay was eventually awarded, was an adverse employment action. did sheila white suffer retaliatory discrimination for which her employer may be held liable under title 7 of the civil rights act of 1964? yes, 9 to 0; the supreme court unanimously agreed that White suffered retaliatory discrimination when she was reassigned to a less desirable job and suspended.
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Charles Davenport
American movement on the campaign for eugenics. This movement was that certain traits liek intelligence, morality, viture, etc were based on someone's genetic orientation. People who were feeble minded were inadequate and couldn't support themselves. Professor of Zoology and leader of American campaign of Eugenics. He believed that characteristics like morality and virtue were passed genetically. Feeble mindedness also was passed down. His ideas and work were directly connected to the 60,000 sterilization across the US and influenced Hitler's policies on Eugenics.
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Eugenics
Refers to approach that there should be only the best parents, and we should eliminate those that aren't adequate. Definition: the science of improving hte qualities of a breed or species, especially of the human race by careful selection of parents
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Francis Dalton
Coined the term eugenics. Began to use rudimentary statistics to study family trees of famous individuals, 80 pairs of twins, data he gathered convinced him many physical and mental traits were hereditary. The science that deals with all the influences that the improved qualities of the race developed those to the utmost advances. In effect, we would control breeding to pass on the best genes.
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Genetic information nondiscirmination act (2008)
the president george bush has assigned into law the (GINA) that will protect americans against discrimination based on their genetic information when it comes to health insurance and employment.
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M'Naghten rule
A rule for determining insanity, which asks whether the defendant knew what he or she was doing or whether the defendant knew that what he or she was doing was wrong.
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Madrigal v. Quilligan (1975)
law suit against USC hospitals when residents decided that some Latinas had several children "too many", and when they were in labor, were given consent forms to sign in English even if they couldn't speak english. There was an action saying they had been sterilized without giving consent.
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Negative Eugenics
Negative eugenics is aimed at lowering fertility among the genetically disadvantaged. Negative eugenics aimed to eliminate, through sterilisation or segregation, those deemed physically, mentally, or morally "undesirable". This includes abortions, sterilization, and other methods of family planning. Both positive and negative eugenics can be coercive. Abortion by fit women was illegal in Nazi Germany. Other instances include feeble minded people who were put in institutions.
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Positive Eugenics
Positive eugenics is aimed at encouraging reproduction among the genetically advantaged,for example the reproduction of the intelligent, the healthy, and the successful. What would constitute desirable traits? Possible approaches include financial and political stimuli, targeted demographic analyses, in vitro fertilization, egg transplants, and cloning.Prime Minister in Singapore promised tax breaks and guaranteed places in child care to women to have children who have the socially desirable traits.
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Provocation
defense; usually used by jealous husbands to kill their wives, only people by the dominance culture can use a defense that's theoretically available to everyone; forced to react in a certain manner because of circumstances. The provocation defense can be a relevant factor in a court''s assessment of a defendant's mens rea ("the act is not culpable unless the mind is guilty"). In some common law juristidctions, such as the UK, Canada, and several Australian states, the defense of provocation is only available against a charge of murder and only acts to reduce the conviction to manslaughter. in the United States, the Model Penal Code substitutes the broader standard of extreme emotional or mental distress for the comparatively narrower standard of provocation. Criminal law in the united States, however, falls mostly within the jurisdiction of the individual states, and not all states have adopted the Model Penal Code. The inherent cultural bias in the Provocation Defense comes from the "reasonable person" standard.
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Relf Sisters (1973)
two girls on Welfare were sterilized at a federally funded clinic in Alabama (without the parents knowledge) under the threat that their benefits would be withdrawn if they weren't sterilized.
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Simon-Binet tests
Simon-Binet IQ tests provided a way to measure people's intelligence, no one resisted this idea. Mismeasures of a man and family to show that some people were inferior and evil. These ideas took root and American social thinking subscribed to this and social reformers combined hereditary viewpoint with plan of social action. They found high rates of feeble minded; 88% of prostitutes had a mental age below 11, prisoners also had a high percentage, 2/3 of those in the military had a mental age of 12 and under. These statistics should have indicated a social bias, but the tests were never called into question. Americans were worried that there was a danger from the feeble minded to the hereditary system. As scientists began to look into eugenics, there began to be questions about the validity and some of the questions that arose were the studies that scientists were studying weren't consistent with the claims existing. Most of the eugenicists were not trained in genetics, only 10% of the advisory council were geneticists.
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Social Dawinism
"survival of the fittest" - framework based off of Darwin's work. Social Darwinism is an ideology of society that seeks to apply biological concepts of Darwinism or of evolutionary theory to sociology and politics, often with the assumption that conflict between groups in society leads to social progress as superior groups outcompete inferior ones.
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stump v sparkman
Judge harold d stump granted a mother's petition to have a tubal ligation performed on her 15-year-old daughter, whom the mother alleged was "somewhat retarded". The petition was granted the same day it was filed. The judge did not hold a hearing to receive evidence or appoint a lawyer to protect the daughter's interests. The daughter underwent surgery a week later, having been told she has having her appendix removed. The daughter married two years later, and upon failing to become pregnant, she learned at a doctors office that she had been sterilized. The daughter and her husband attempted to sue the judge and others associated with the sterilization in federal court. The district court found that the judge was immune from suit. The Seventh Circuit court of appeals reversed teh decision, holding that the judge hd lost his immunity because he failed to observe the "elementary principles of due process" when he ordered the sterilization. Finally, in 1978, the US Supreme Court, in a 5-3 decision, reversed the Court of Appeals, announcing a test for deciding when judicial immunity should apply and holding that the judge could not be sued.
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Thomas Kuhn
American physicist, historian, and philosopher of science. His book, The Structure of Scientific Revolutions, significantly influenced both the academic and popular circles, introducing the term "paradigm shift". Kuhn made several notable claims concerning the progress of scientific knowledge: that scientific fields undergo periodic "paradigm shifts" rather than solely progressing in a linear and continuous way; that these paradigm shifts open up new approaches to understanding what scientists would never have considered valid before; and that the notion of scientific truth, at any given moment, cannot be established solely by objective criteria but is defined by a consensus of a scientific community. Our comprehension of science can never rely on full "objectivity"; we must account for subjective perspectives as well.
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Valerie Nieto
Cal Supreme Court approved of sterilization of incompetent development disabled person, had downsyndrome and her mother said she couldnt take care of her and was worried she would become pregnant. Mother asked for sterilization and the court allowed this be made by a guardian. It raises difficult questoin of whether its okay for the mother to do this.
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