Secondary Sources

Notes: 

In the main text, endnotes for secondary sources are designated by a number followed by a lowercase "s," while primary sources are designated by a lowercase "p" and hyperlinked to full-text versions on separate pages.  All documents designated as primary sources are housed on pages within the History of Privacy web site or on other reliable sites on the Internet.  Hyperlinks are provided to full texts of secondary sources or to pages that contain additional information about these sources whenever possible.

1. "'I believe privacy is a fundamental right," said the candidate George W. Bush one month before his election, "and that every American should have absolute control over his or her personal information,'" William Safire, "Privacy in Retreat," The New York Times, Op-Ed Column, March 10, 2004.  For an overview and documents on the historical evolution of legal approaches to privacy, see Richard C. Turkington and Anita Allen, eds., Privacy Law: Cases and Materials (St. Paul: West Group, 1999). Also see the list of citations for Anita Allen's voluminous writings on privacy below.  Ken Gormley surveys the influence of "The Right to Privacy" in American law in "100 Years of Privacy," Wisconsin Law Review 1335 (1992).  Also see Daniel Sokolov, "Conceptualizing Privacy," California Law Review 1087 (July 2002).  Here are some relatively recent articles and books on privacy that are available in full to subscribers at Questia.com:  Alan F. Westin, "Social and Political Dimensions of Privacy," Journal of Social Issues, Vol. 59, 2003.  Also see contributions to the published proceedings of a conference held at the New School in 2001 including Anita Allen, "Is Privacy Now Possible? A Brief History of an Obsession;" David Garrow, "Privacy and the American Constitution;" Frederick Schauer, "Free Speech and the Social Construction of Privacy;" John Hollander, 'The Language of Privacy;" Jerry Berman and Paula Bruening, Is Privacy Still Possible in the Twenty-First Century;" and Jean L Cohen, "The Necessity of Privacy," Social Research, Vol. 68, 2001. Clay Calvert, Voyeur Nation: Media, Privacy, and Peering in Modern Culture (Boulder: Westview Press, 2000).  Amitai Etzioni, The Limits of Privacy  (New York, Basic Books, 1999).  Stafano Scoglio, Transforming Privacy: A Transpersonal Philosophy of Rights, Westport, Connecticut: Praeger Publishers,1999). Julie C. Inness, Privacy, Intimacy, and Isolation (Oxford: Oxford University Press, 1992).  Gerald Turkel, Dividing Public and Private: Law, Politics, and Social Theory (Westport, Connecticut: Praeger Publishers, 1992.  Darien A. McWhirter and Jon D. Bible, Privacy as a Constitutional Right: Sex, Drugs, and the Right to Life (New York: Quorum Books, 1992). Other explorations of privacy include William G. Staples, Everyday Surveillance: Vigilance and Visibility in Postmodern Life (New York: Rowman & Littlefield Publishers, 2000); William G. Staples, Castles of Our Conscience: Social Control and the American State, 1800-1985 (New Brunswick: Rutgers University Press, 1991). Caroline Kennedy and Ellen Alderman, The Right to Privacy (New York: Vintage, 1997).   Philip E. Agre and Marc Rotenberg, Technology and Privacy: The New Landscape  (Cambridge: MIT Press, 1997).  Judith Wagner DeCew, The Pursuit of Privacy: Law Ethics, and the Rise of Technology (Ithaca: Cornell University Press, 1997.  Jeffrey Rosen, The Unwanted Gaze: The Destruction of Privacy in America (New York: Random House, 2000).  Daniel J. Solove, The Digital Person: Technology and Privacy in the Information Age (New York: New York University Press, 2004).  For a glimpse of mountains of additional works on privacy, see the results of a search on "right to privacy" on Amazon.com on January 9, 2006.  Web sites devoted to various aspects of the right to privacy include: Electronic Privacy Information Center, www.epic.org; Privacy & the Press, a special section at www.freedomforum.org; Privacy Rights Clearinghouse, www.privacyrights.org.  Also see "The Surveillance Society," a production of Minnesota Public Radio, 2004.  RETURN TO INTRODUCTION

2. See, for example, Kevin Drew, "Cases Pit Right to Privacy Against Public's Right to Know," CNN.com Law Center, August 7, 2003.  Robert Jr. O'Harrow,  The Press and the Public: At Odds over Privacy?, Columbia Journalism Review, Vol. 39, March 2001.   Craig L. Lamay, editor, Journalism and the Debate over Privacy (Mahwah, NJ: Lawrence Erlbaum Associates, 2003). Health Privacy Project at Georgetown University. United States Department of Health and Human Services, Office for Civil Rights, "Medical Privacy - National Standards to Protect the Privacy of Personal Health Information: HIPPA."  RETURN TO INTRODUCTION

3. Martha Minow, Partners, Not Rivals: Privatization and the Public Good (Boston: Beacon Press, 2002); video of Martha Minow, "Privatization and the Common Good," The 2003 Keenan Lecture, Harvard Law School.  Martha Minow, "Public and Private Partnerships: Accounting for the New Religion," Harvard Law Review, Vol. 116, No. 1 (January, 2003), available at http://www.law.berkeley.edu/cenpro/kadish/minnow.pdf.  RETURN TO INTRODUCTION

4. Ted V. McAllister, The Revolt Against Modernity: Leo Strauss, Eric Voglin, and the Search for a Post- Liberal Order (Lawrence: University Press of Kansas, 1996); James G. Banks, Strom Thurmond and the Revolt Against Modernity, Ph.D. Thesis, Kent State University, 1970.  RETURN TO INTRODUCTION

5. My debt to Anita Allen and Erin Mack, "How Privacy Got its Gender," Northern Illinois University Law Review 10 (1990) is apparent throughout this essay.  Allen has written extensively on various aspects of privacy, especially in relation to feminist theory and women's rights: Anita Allen, Uneasy Access: Privacy For Women in a Free Society (Totowa, NJ: Rowman & Littlefield, 1988). Anita Allen, "The Public Right to Know," The Encyclopedia of Ethical Issues in Politics and the Media, ed. Ruth Chadwick (Academic Press, 2000).  Anita Allen, "Privacy," The Oxford Handbook of Practical Ethics (Oxford: Oxford Press, 2003), 485-513.  Some of Allen's lectures and presentations on privacy are available online including Anita Allen, "Lying to Protect Privacy," 44 Villanova Law Review 161 (1999); "Coercing Privacy," William & Mary Law Review, Volume 40, 1999; and "Privacy Isn't Everything: Accountability as a Personal and Social Good," 2003 Daniel J. Meador Lecture, Alabama Law Review, 54 (Summer, 2003).  Also see Tracy E. Higgins, Reviving the Public/Private Distinction in Feminist Theorizing," Chicago Kent Review, 75 (2000), 847-867. Ruth Gavison, "Feminism and the Public/Private Distinction," Stanford Law Review, 45 (November, 1992), 1-45.  Carole Pateman, "Feminist Critiques of the Public/Private Dichotomy," The Disorder of Women (Stanford: Stanford University Press, 1990), 118-140.  Jean L. Cohen, Regulating Intimacy: A New Legal Paradigm (Princeton: Princeton University Press, 2002).  Linda C. McClain, "Reconstructive Tasks for a Liberal Feminist Conception of Privacy," William and Mary Law Review, Vol. 40, 1999, which is a response to Allen's "Coercing Privacy," cited above.  Deborah Nelson, "Beyond Privacy: Confessions Between a Woman and Her Doctor," Feminist Studies, Vol. 25, 1999, 279-307. Joan B. Landes, editor, Feminism, the Public and the Private (Oxford University Press, 1998). Susan Moller Okin, "Gender, the Public, and the Private," in Feminism and Politics, edited by Anne Phillips (Oxford: Oxford University Press, 1998).  Drucilla Cornell, At the Heart of Freedom: Feminism, Sex, and Equality (Princeton: Princeton University Press, 1998). Nancy J. Hirschmann and Christine Di Stefano, editors, Revisioning the Political: Feminist Reconstructions of Traditional Concepts in Western Political Theory (Boulder: Westview Press, 1996).  Julie C. Inness, Privacy, Intimacy, and Isolation (New York: Oxford University Press, 1992).  Elizabeth Fox Genovese, Feminism without Illusions: A Critique of Individualism (Chapel Hill: University of North Carolina Press, 1991). Katharine T. Bartlett, Rosanne Kennedy, editors, Feminist Legal Theory: Readings in Law and Gender (Boulder: Westview Press, 1991). Susan Moller Okin, Justice, Gender, and the Family (New York: Basic Books, 1989).  RETURN TO INTRODUCTION

6. National Humanities Center, "Cult of Domesticity," Online Professional Development Toolboxes.  Annenberg/CPB, "The Radical in the Kitchen: Women, Domesticity, and Social Reform," American Passages: A Literary Survey.  Barbara Welter, "The Cult of True Womanhood: 1820-1860," American Quarterly, Vol. 18 (1966), 151-74. RETURN TO INTRODUCTION

7. Victoria Woodhull's losing confrontation with the disciplinary aspects of the family system supports this perspective.  See "First- Wave Feminist Views of the Right Privacy" below. RETURN TO INTRODUCTION

8. Cato Institute Book Forum, "American Exceptionalism, Past and Future," John Samples, moderator, Seymour Martin Lipset and Aaron L. Friedberg, participants, Septermber 13, 2000.   Seymour Martin Lipset, "American Exceptionalism: A Double-Edged Sword," at washingtonpost.com.  Michael Kammen, "Perceptions of Public Life," In the Past Lane: Historical Perspectives on American Culture, (New York: Oxford University Press, 1997). RETURN TO INTRODUCTION

9. Hannah Arendt provided a comprehensive overview of the distinction between public and private in Western philosophy, politics, and society in The Human Condition (Chicago: University of Chicago Press, 1958).  Some of Arendt's writings are available at American Memory: The Papers of Hannah Arendt. Also see, Bonnie Honig, editor, Feminist Interpretations of Hannah Arendt (University Park: Pennsylvania State University Press, 1995). RETURN TO INTRODUCTION

10. This is not to minimize the sensational in twentieth-century tabloids, which is especially evident in famous headlines such as the New York Post's "Headless Body in Topless Bar."  However, in contrast to Donald Pember's argument that Brandeis and Warren over-reacted to the sensationalism of nineteenth-century newspapers, I would point out that mainstream papers such as the Boston Globe became much more reticent after the turn of the century.  Brandeis and Warren should, in other words, be included in the chorus of voices that gradually separated respectable journalism from the tabloids.  Donald Pember, Privacy and the Press (Seattle: University of Washington Press, 1972). For an effort to bring Brandeis and Warren's approach to press coverage up to date, see Randall P. Bezanson, "The Right to Privacy Revisited: Privacy, News, and Social Change, 1890-1990," California Law Review, 80, October, 1992.  RETURN TO INTRODUCTION

11. E.L. Godkin, "The Right of the Citizen to his Reputation," Scribner's Magazine (July 1890), 65 at Making of America, a digital resource created and maintained by Cornell University Library.  RETURN TO SECTION 2

12. E.L. Godkin, "The Right of the Citizen to his Reputation," Scribner's Magazine (July 1890), 65 at Making of America.  RETURN TO SECTION 2

13. E. L. Godkin, "Libel and Its Legal Remedy," Atlantic Monthly, No. 278, December 1880, 730 at Making of America.  RETURN TO SECTION 2

14. E. L. Godkin, "Libel and Its Legal Remedy," Atlantic Monthly, No. 278, December 1880, 736 at Making of America.  RETURN TO SECTION 2

15. Jill Elaine Hasday explores how nineteenth-century women's rights advocates sought to promote women's safety by fighting for the legal recognition of married women as separate individuals in "Contest and Consent: A Legal History of Marital Rape," California Law Review 88 (October, 2000).  Marina Angel reviews the history of legal rulings on domestic violence, as well as legal interpretation of woman abuse, in "Criminal Law and Women: Giving the Abused Woman Who Kills a Jury of Her Peers Who Appreciate Trifles," American Criminal Law Review, Vol. 33, 1996, 229-348. Also see Reva B. Siegel, "The Rule of Love": Wife Beating as Prerogative and Privacy, Yale Law Journal, Vol. 105, 1996, 2117-220.  RETURN TO SECTION 3

16. E.L. Godkin, "The Right of the Citizen to his Reputation," Scribner's Magazine (July 1890), 58 at Making of America. RETURN TO SECTION 3

17. William Aiken, Life at Home (New York: Samuel R. Wells Publishers, 1870), 24, 26 at Making of America. RETURN TO SECTION 4

18. William Aiken, Life at Home (New York: Samuel R. Wells Publishers, 1870), 50 at Making of America. RETURN TO SECTION 4

19. Hannah Arendt, "The Public and the Private Realm," Section II, The Human Condition (Chicago: University of Chicago Press, 1958), 23-65.  Also see Joan B. Landes, Feminism, the Public and the Private (Oxford: Oxford University Press, 1998).  Jurgen Habermas has developed the classical European version of the public/private dichotomy in many of his writings, including "The Public Sphere," in Jurgen Habermas on Society and Politics: A Reader (Boston: Beacon Press, 1989), available in the Digital Reserve Book Room, American Studies at University of Virginia (AS @ UVA).  Habermas has heavily influenced many American legal and political theorists, and has, I would argue, helped to obscure the exceptional character of the public/private split in American politics and society. RETURN TO SECTION 4

20. Karl Marx, Capital, vol. 3, excerpts from Chapter 48, at The Marx-Engels Library.  Available in print in Karl Marx, "The Trinity Formula," Karl Marx: Selected Writings, edited by David McLellan (Oxford: Oxford University Press, 1977), p. 495. RETURN TO SECTION 4

21. Michael Kammen, "The Problem of American Exceptionalism: A Reconsideration," American Quarterly, vol. 45, Issue 1 (March, 1993), available in the Digital Reserve Book Room, American Studies at University of Virginia (AS @ UVA).  Also see Michael Grossberg, Governing the Hearth: Law and the Family in Nineteenth-Century America (Chapel Hill: University of North Carolina Press, 1985).  RETURN TO SECTION 5

22. Charlotte Perkins Gilman, "The Yellow Wallpaper," New England Magazine (May 1892).  Also see Charlotte Perkins Gilman, "Why I Wrote the Yellow Wallpaper," The Forerunner (October 1913), available at Catherine Lavender, American Studies Resources, College of Staten Island. RETURN TO SECTION 5

23. Anita Allen and Erin Mack, "How Privacy Got its Gender," Northern Illinois University Law Review 10 (1990).  RETURN TO SECTION 5

24. Charlotte Perkins Gilman, Women and Economics (Boston: Small, Maynard & Company, 1898) available at A Celebration of Women Writers, a section of the Online Books Page at the University of Pennsylvania (no pagination).  To locate quotes, search for specific words.  RETURN TO SECTION 5

25. Charlotte Perkins Gilman, Women and Economics (Boston: Small, Maynard & Company, 1898) available at A Celebration of Women Writers, a section of the Online Books Page at the University of Pennsylvania (no pagination).  RETURN TO SECTION 5

26. Charlotte Perkins Gilman, Women and Economics (Boston: Small, Maynard & Company, 1898) available at A Celebration of Women Writers, a section of the Online Books Page at the University of Pennsylvania (no pagination).  RETURN TO SECTION 5

27. Charlotte Perkins Gilman, Women and Economics (Boston: Small, Maynard & Company, 1898) available at A Celebration of Women Writers, a section of the Online Books Page at the University of Pennsylvania (no pagination).  RETURN TO SECTION 5

28. Information on Woodhull's life and excerpts from her writings are available at Victoria Woodhull, the Spirit to Run the White House and Legal Contender: Victoria Woodhull.  Also see Helen Lefkowitz Horowitz, "Victoria Woodhull, Anthony Comstock, and Conflict over Sex in the United States in the 1870's," The Journal of American History September 2000, which is available on line to members of the History Cooperative.  A fairly extensive collection of images and newspaper stories is available at http://copperas.com/history.html, an eclectic website apparently posted by Joe Knapp.  Southern Illinois University Carbondale, which owns the Woodhull-Martin Papers, has posted a detailed biography, along with a inventory of its Woodhull collection. Recent studies of Woodhull include Mary Gabriel, Notorious Victoria: The Life of Victoria Woodhull, Uncensored (Chapel Hill: Algonquin Books, 1998);  Barbara Goldsmith, Other Powers: The Age of Suffrage, Spiritualism, and the Scandalous Victoria Woodhull (New York: Knopf, 1998); Miriam Brody, Victoria Woodhull: Free Spirit for Women's Rights (Oxford: Oxford University Press, 2003).  RETURN TO SECTION 5

29. Victoria Woodhull, "Constitutional Equality," Memorial to the Hon. Judiciary Committee of the Senate and the House of Representatives of the Congress of the United States, January 2, 1871, available at An American Time Capsule: Three Centuries of Broadsides and Other Printed Ephemera, American Memory, Library of Congress.  For Woodhull's views on free love, see  "And The Truth Shall Set You Free, a speech on the principles of social freedom, delivered in Steinway Hall, Nov. 20, 1871, by Victoria C. Woodhull," Votes for Women: Selections from the National American Woman Suffrage Association Collection, 1848-1921, American Memory, Library of Congress.  Also see the entry on Victoria Woodhull in Women Working, 1800-1930, an archive within Harvard University Library's Open Collection Program, which includes links to Victoria Woodhull, Constitutional equality the logical result of the XIV and XV Amendments, which not only declare who are citizens, but also define their rights, one of which is the right to vote without regard to sex (New York :1870); and to Tennessee Claflin Cook, Constitutional equality, a right of woman, or, A consideration of the various relations which she sustains as a necessary part of the body of society and humanity : with her duties to herself--together with a review of the Constitution of the United States, showing that the right to vote is guaranteed to all citizens : also a review of the rights of children (New York: Woodhull, Claflin & Co., 1871). RETURN TO SECTION 5

30. The story of Annie Claflin's charges against her son-in-law and the trial that ensued received extensive coverage in the Brooklyn Daily Eagle, which featured numerous stories on Woodhull and Tennie C. Claflin's activities throughout the 1870's.  All of these reports are available at The Brooklyn Daily Eagle Online, 1841-1902.  RETURN TO SECTION 5

31. J.E. Doyle, Plymouth Church and its Pastor, or, Henry Ward Beecher and his Accusers (New York: Park Publishing Company, 1874) 48, available at Making of America (University of Michigan and Cornell University).  RETURN TO SECTION 5

32. Studies of the Beecher-Tilton scandal include Richard K. Sherwin, "The Notorious Adultery Trial of the Reverend Henry Ward Beecher," an excerpt from When Law Goes Pop: The Vanishing Line Between Law and Popular Culture (Chicago: University of Chicago press, 2000), available at Writ, Legal Commentary section of FindLaw.  Tracy Benjamin, The Case of Henry Ward Beecher; The Beecher Tilton War: Theodore Tilton's Full Statement of the Great Preacher's Guilt; What Frank Moulton Had to Say: the Documents and Letters from Both Sides at Making of America.  Janna Malamud Smith includes a chapter on the Beecher-Tilton affair in Private Matters: In Defense of the Personal Life (New York: Perseus Publishing, 1997).  Also see Laura Hanft Korobkin, Criminal Conversations: Sentimentality and Nineteenth-Century Legal Stories of Adultery (New York: Columbia University Press, 1998).  RETURN TO SECTION 5

33. Janna Malamud Smith, it should be noted, does point out, "Victoria Woodhull's assertion of a right to privacy may be the first American public call for such a right," Private Matters: In Defense of the Personal Life (New York: Perseus Publishing, 1997), 82.  However, since her purposes in exploring the Beecher-Tilton scandal are wide-ranging, Malamud Smith does not discuss this insight in great detail.  RETURN TO SECTION 5

34. Harriet Beecher Stowe, My Wife and I, or Henry Henderson's History (New York: J. B. Ford and Co., 1871).  RETURN TO SECTION 5

35. Woodhull, quoted in J.E. Doyle, Plymouth Church and its Pastor, or, Henry Ward Beecher and his Accusers (New York: Park Publishing Company, 1874) 38, available at Making of America (University of Michigan and Cornell University).  RETURN TO SECTION 5

36. Woodhull, quoted in J.E. Doyle, Plymouth Church and its Pastor, or, Henry Ward Beecher and his Accusers (New York: Park Publishing Company, 1874) 48, available at Making of America (University of Michigan and Cornell University).  RETURN TO SECTION 5

37. Woodhull, quoted in J.E. Doyle, Plymouth Church and its Pastor, or, Henry Ward Beecher and his Accusers (New York: Park Publishing Company, 1874) 37, available at Making of America (University of Michigan and Cornell University).  RETURN TO SECTION 5

38. Nicola Biesel, Imperiled Innocents: Anthony Comstock and Family Reproduction in Victorian America (Princeton: Princeton University Press, 1998).  Also see Craig L. Lamay, "America's Censor: Anthony Comstock and Free Speech," Communications and the Law, Vol. 19, 1997. Helen Lefkowitz Horowitz, "Victoria Woodhull, Anthony Comstock, and Conflict over Sex in the United States in the 1870's," The Journal of American History, September 2000, available online to members of the History Cooperative.  Molly McGarry examines Woodhull's confrontation with Anthony Comstock in "Spectral Sexualities: Nineteenth-Century Spiritualism, Moral Panics, and the Making of U.S. Obscenity Law," Journal of Women's History, vol. 12 No. 2 (Summer 2000).  This article can be ordered on line at Indiana University Press, Journals Online Document Delivery.  For a history of American efforts to prevent the circulation of information about birth control, see James Reed, From Private Vice to Public Virtue: The Birth Control Movement and American Society since 1830 (New York: Basic Books, 1978).   RETURN TO SECTION 5

39. For a brief summary of the evolution of laws governing women's right to own property, see Married Women's Property Laws, a site developed as part of the History of Women project, a section of the National Digital Library at the Library of Congress.  A great deal of additional information on this topic can be found on the Women and the Law section of Women, Enterprise, and Society, a site developed by Harvard Business School. RETURN TO SECTION 5

40. Anita Allen and Erin Mack, "How Privacy Got its Gender," Northern Illinois University Law Review 10 (1990), 466.  RETURN TO SECTION 6

41. The Brooklyn Daily Eagle, June 15, 1890, p. 10.  RETURN TO SECTION 6

42. Dorothy Glancy, "Privacy and the Other Miss M.," Northern Illinois University Law Review, 10 (1990), 401-440.  RETURN TO SECTION 6

43. Anthony Comstock, quoted in Michael Grossberg, Governing the Hearth: Law and the Family in Nineteenth-Century America (Chapel Hill: University of North Carolina Press, 1985), 188.  RETURN TO SECTION 6

44. The Brooklyn Daily Eagle, June 15, 1890, p. 10.  RETURN TO SECTION 6

45. The Brooklyn Daily Eagle, June 29, 1890, p. 8.  RETURN TO SECTION 6

46. Caroline Danielson, "The Gender of Privacy and the Embodied Self: Examining the Origins of the Right to Privacy in U.S. Law," Feminist Studies (Summer, 1999).  RETURN TO SECTION 6

47. Edward Bloustein, "Privacy as an Aspect of Human Dignity: An Answer to Dean Prosser," in Philosophical Dimensions of Privacy, ed. Ferdinand D. Schoeman (Cambridge: Cambridge University Press, 1984); Anita Allen and Erin Mack, "How Privacy Got its Gender," Northern Illinois University Law Review 10 (1990), 454.  Thus Allen and Mack point out, "The notion that female dignity required individuality belonged scarcely to the period at all," "How Privacy Got its Gender," 455.  RETURN TO SECTION 6

48. Thomas M. Cooley, excerpt from A Treatise on the Law of Torts (1880) in Privacy Law: Cases and Materials, ed. Richard C. Turkington and Anita Allen (St. Paul: West Group, 1999), 52.  RETURN TO SECTION 6

Personal immunity. The right to one's person may be said to be a right of complete immunity: to be let alone. The corresponding duty is, not to inflict an injury, and not, within such proximity as might render it successful, to attempt the infliction of an injury. In this particular the duty goes beyond what is required in most cases; for usually an unexecuted purpose or an unsuccessful attempt is not noticed. But the attempt to commit a battery involves many elements of injury not always present in breaches of duty; it involves usually an insult, a putting in fear, a sudden call upon the energies for prompt and effectual resistance. There is very likely a shock to the nerves, and the peace and quiet of the individual is disturbed for a period of greater or less duration. There is consequently abundant reason in support of the rule of law which makes the assault a legal wrong, even though no battery takes place. Indeed, in this case the law goes still further and makes the attempted blow a criminal offense also.  RETURN TO SECTION 6

49. Daniel Wise, The Young Lady's Counsellor, or, Outlines and Illustrations of the Sphere, the Duties and the Dangers of Young Women (1855), 88-89 at  Making of America, Cornell University. Wise's work is cited in The Making of a Homemaker, a digital exhibition at the Smithsonian Institution.  RETURN TO SECTION 7

50. Quoted in Lawrence Edward Savell, "Right of Privacy Appropriation of a Person's Name, Portrait, or Picture For Advertising or Trade Purposes Without Prior Written Consent: History and Scope in New York," Albany Law Review, 48 (Fall, 1983).  RETURN TO SECTION 7

51. "Current Topics," Albany Law Journal  63 (1901), quoted in Savell, 8.  RETURN TO SECTION 7

52. Krishan Kumar explores twentieth-century aspects of the cult of domesticity in "Home: The Promise and Predicament of Private Life at the End of the Twentieth Century," Public and Private in Thought and Practice: Reflections on a Grand Dichotomy, ed. Jeff Weintraub and Krishan Kumar (Chicago: University of Chicago Press, 1997), 204-236.  RETURN TO CONCLUSION

53. "Aladdin," an on line exhibit at The Clarke Historical Library, constructed by Emma Currie with the assistance of Frank Boles (Central Michigan University, 2001).  RETURN TO CONCLUSION

54. The manner in which commercial images of intimacy manage to both uphold and undermine the sanctity of the domestic sphere confirms some of Jean Baudrillard's observations on post-modern American culture.  See, in particular, "On the Murderous Capacity of Images," an excerpt from "The Evil Demon of Images and the Precession of Simulacra," in Thomas Docherty, ed., Postmodernism: A Reader (New York: Columbia Univ. Press, 1993), 194.  RETURN TO CONCLUSION

55. The furor over performer Janet Jackson's "costume malfunction" at the 2003 Super Bowl illustrates this point.  For the half-time show, Jackson and her fellow performer, Justin Timberlake, were, in a familiar pop culture routine, simulating a rape without incident when the sudden exposure of Jackson's breast interrupted the otherwise predictable spectacle.  RETURN TO CONCLUSION

56. As Allen observes in "Is Privacy Now Possible? A Brief History of an Obsession," "For all the talk about privacy, we are in fact held accountable for nearly every aspect of private life—if not by the general public or our employers, then by our families, friends, and ethnic and religious groups," Social Research, Vol. 68, 2001, 305. Also see Anita Allen, Why Privacy Isn’t Everything: Feminist Reflections on Personal Accountability (Rowman and Littlefield, 2003).  RETURN TO CONCLUSION

57. Rebecca M. Albury, The Politics of Reproduction: Beyond the Slogans (New York: Allen & Unwin, 1999), available at Questia.com.  Katherine MacKinnon, "Abortion: on Public and Private," in Living with Contradictions: Controversies in Feminist Social Ethics, edited by Alison Jaggar (Boulder: Westview Press, 1994).  RETURN TO CONCLUSION

58. Vincent J. Samar, The Right to Privacy: Gays, Lesbians, and the Constitution (Philadelphia: Temple University Press, 1991).  For an illustration of the ways in which increasing social acceptance has transformed gay and lesbian culture, as well as the ways in which gays and lesbians have remade public perceptions of homosexuality, see Bernard A. O'Brien and Eileen F. Mackey, Gay and Lesbian Couples: Voices from Lasting Relationships (Westport, Connecticut: Praeger Publishers,  1997).  For a reaffirmation of the family as an inherently heterosexual institution, see Jean Bethke Elshtain, "Against Gay Marriage II: Accepting Limits," Commonweal,  Vol. 118 Issue 20, (11/22/91) 685-686.  For an inadvertently contradictory position--one which relies on many of the arguments commonly made in favor of gay marriage--see  Jean Bethke Elshtain, "Family Matters: The Plight of America's Children, The Christian Century, Vol. 110 (July 14, 1993), available at Questia.com.  Karen Struening criticizes Elshtain's work in Familial Purposes: An Argument against the Promotion of Family Uniformity,  Policy Studies Journal, Vol. 27, No. 3 (1999).  Also see Mary G. Dietz, "Citizenship with a Feminist Face: The Problem with Maternal Thinking, " in Joan B. Landes, editor, Feminism, the Public and the Private (Oxford University Press, 1998).  RETURN TO CONCLUSION

59. For a view of same-sex marriage that makes it seem almost more conventional than heterosexual marriage, see the Unitarian Universalist Association, "Freedom to Marry, for All People," Events and News, 2004, a site which includes links to GOODRIDGE, et al. v. DEPARTMENT OF PUBLIC HEALTH, et al., background information on same-sex marriage in Massachusetts, and photographs of Hillary and Julie Goodridge's wedding day.  For a positive interpretation of the disciplinary aspects of the traditional family system, see Larry Peterman and Tiffany Jones, "Defending Family Privacy," Journal of Law & Family Studies 5 (2003).  For an entirely different take on the family as a disciplinary system, see Lauren Berlant, "Live Sex Acts (Parental Advisory: Explicit Material)," Feminist Studies, Vol. 21, 1995, 379-405.  RETURN TO CONCLUSION

60. Here's a classic statement of the 70's feminist vision of the contemporary state and future of marriage: "The family system that will emerge is a great subject of anxiety. Probably there will be a variety of choices. Colleague marriages, such as young people have now, with both partners going to law-school or the Peace Corps together, is one alternative. At least they share more than the kitchen and the bedroom. Communes; marriages that are valid for the child-rearing years only—there are many possibilities... The point is that Women's Liberation is not destroying the American family. It is trying to build a human compassionate alternative out of its ruins,"  Gloria Steinem, "Women's Liberation Aims to Free Men, Too," The Washington Post, June 7, 1970.  For an examination of the positive aspects of second-wave feminism that third-wavers seem to be leaving behind, see Juliet A. Williams, "The Personal is Political: Thinking Through the Clinton/Lewinsky/Starr Affair," PS: Political Science and Politics, Vol. XXXIV, No. 1 (2001).  RETURN TO CONCLUSION

61. Louis Brandeis, Other People's Money--And How the Bankers Use It (New York: St Martin's Press, 1995), first published as a series of articles in Harper's Weekly Magazine, 1914, available on line at the Louis D. Brandeis School of Law Library, University of Louisville.  RETURN TO CONCLUSION