front cover of The Child Cases
The Child Cases
How America's Religious Exemption Laws Harm Children
Alan Rogers
University of Massachusetts Press, 2014
When a four-year-old California girl died on March 9, 1984, the state charged her mother with involuntary manslaughter because she failed to provide her daughter with medical care, choosing instead to rely on spiritual healing. During the next few years, a half dozen other children of Christian Science parents died under similar circumstances. The children's deaths and the parents' trials drew national attention, highlighting a deeply rooted, legal/political struggle to define religious freedom.

Through close analysis of these seven cases, legal historian Alan Rogers explores the conflict between religious principles and secular laws that seek to protect children from abuse and neglect. Christian Scientists argued—often with the support of mainline religious groups—that the First Amendment's "free exercise" clause protected religious belief and behavior. Insisting that their spiritual care was at least as effective as medical treatment, they thus maintained that parents of seriously ill children had a constitutional right to reject medical care.

Congress and state legislatures confirmed this interpretation by inserting religious exemption provisos into child abuse laws. Yet when parental prayer failed and a child died, prosecutors were able to win manslaughter convictions by arguing—as the U.S. Supreme Court had held for more than a century—that religious belief could not trump a neutral, generally applicable law. Children's advocates then carried this message to state legislatures, eventually winning repeal of religious exemption provisions in a handful of states.
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front cover of The Evidence for Evolution
The Evidence for Evolution
Alan R. Rogers
University of Chicago Press, 2011

According to polling data, most Americans doubt that evolution is a real phenomenon. And it’s no wonder that so many are skeptical: many of today’s biology courses and textbooks dwell on the mechanisms of evolution—natural selection, genetic drift, and gene flow—but say little about the evidence that evolution happens at all. How do we know that species change? Has there really been enough time for evolution to operate?

With The Evidence for Evolution, Alan R. Rogers provides an elegant, straightforward text that details the evidence for evolution. Rogers covers different levels of evolution, from within-species changes, which are much less challenging to see and believe, to much larger ones, say, from fish to amphibian, or from land mammal to whale. For each case, he supplies numerous lines of evidence to illustrate the changes, including fossils, DNA, and radioactive isotopes. His comprehensive treatment stresses recent advances in knowledge but also recounts the give and take between skeptical scientists who first asked “how can we be sure” and then marshaled scientific evidence to attain certainty. The Evidence for Evolution is a valuable addition to the literature on evolution and will be essential to introductory courses in the life sciences.

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front cover of Murder and the Death Penalty in Massachusetts
Murder and the Death Penalty in Massachusetts
Alan Rogers
University of Massachusetts Press, 2008
For more than 300 years Massachusetts executed men and women convicted of murder, but with a sharp eye on "due proceeding" and against the backdrop of popular ambivalence about the death penalty's morality, cruelty, efficacy, and constitutionality. In this authoritative book, Alan Rogers offers a comprehensive account of how the efforts of reformers and abolitionists and the Supreme Judicial Court's commitment to the rule of law ultimately converged to end the death penalty in Massachusetts.

In the seventeenth century, Governor John Winthrop and the Massachusetts General Court understood murder to be a sin and a threat to the colony's well-being, but the Puritans also drastically reduced the crimes for which death was the prescribed penalty and expanded a capital defendant's rights. Following the Revolution, Americans denounced the death penalty as "British and brutish" and the state's Supreme Judicial Court embraced its role as protector of the rights extended to all men by the Massachusetts Constitution. In the 1830s popular opposition nearly stopped the machinery of death and a vote in the Massachusetts House fell just short of abolishing capital punishment.

A post–Civil War effort extending civil rights to all men also stimulated significant changes in criminal procedure. A "monster petition" begging the governor to spare the life of a murderer convicted on slight circumstantial evidence and the grim prospect of executing nine Chinese men found guilty of murder fueled a passionate debate about the death penalty in the decade before World War I.

The trials and executions of Sacco and Vanzetti focused unwanted international and national attention on Massachusetts. This was a turning point. Sara Ehrmann took charge of the newly formed Massachusetts Council Against the Death Penalty, relentlessly lobbied the legislature, and convinced a string of governors not to sign death warrants. In the 1970s the focus shifted to the courts, and eventually, in 1980, the Supreme Judicial Court abolished the death penalty on the grounds that it violated the Massachusetts Constitution.
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