Longman / Prentice Hall
Political Science
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American Constitutional Development: The Rights of Persons, Volume II
ISBN-10: 0801320216
ISBN-13: 9780801320217
Publisher: Longman
Copyright: 2003
Format: Paper; 656 pp
Published: 12/10/2002
Status: Instock
Suggested retail price: $98.20
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• Cases and text combine to provide a look at how individual rights have been doctrinally shaped by the Supreme Court through interpretation of constitutional and statutory law. • Analyzes how America's ideological commitment to rights is transformed by the Supreme Court into law and legal doctrine and then into enforceable rules in specific cases. • Places unique emphasis on the political, economic, social and developmental aspects of the Supreme Court's civil liberties decisions. • Includes an abundance of cases, more than 100 in all.
- In addition to doctrinal development, the book places unique emphasis on the political, economic, social and developmental aspects of the Supreme Court's civil liberties decisions.
- Three areas of civil liberties are given unique emphasis: the media, privacy and public morality, and immigration and citizenship. Because these areas are likely to get more attention from the Supreme Court in the future, Randall provides more coverage of them than other casebooks.
- An abundance of cases, more than 100 in all. Editing has cut down on repetitive or redundant passages where possible, to give each case a tighter, more readable and, in some instances, shorter excerpt.
- Case questions are posed before each of the 100 cases to guide and stimulate student reading of the excerpt. These deal with doctrinal points, distributive elements of the decision, and political import.
- Engaging, illustrative “Sidebars” offer concise, self-contained essays related to important topics in each chapter. They include biographical sketches, important historic cases, questions of interpretation, and political struggles over rights and liberties.
- The abundance of reference material in this volume sets a new standard for a constitutional law casebook. There are suggested additional readings in each chapter, illustrative material such as tables, charts and maps throughout the book, an extensive analytic supplementary bibliography, and several appendices (see Contents to view additional resources in the Appendices).
Preface.
The Constitution (document).
A Society of Liberties, Rights and Other Values.
I. A NATION OF RIGHTS.
1. Civil Liberties in the United States.
Civil Liberties as Public Philosophy.
Civil Liberties as Legal Rights and Practice.
Civil Liberties as Conflict and Contest.
Sidebar: Footnote Four.
The Primacy of the Courts.
The Supreme Court and the American Judiciary.
The Supreme Court at Work.
The Locus of Rights and Liberties.
Genesis of the Bill of Rights.
Nationalization of the Bill of Rights.
Cases.
Palko v. Connecticut (1937).
Duncan v. Louisiana (1968).
II. COMMUNICATION AND BELIEF.
2. Religion: Freedom for, Freedom From.
Church and State.
Sidebar: Who Are the True Believers?
Sidebar: From Backcountry to the Court.
Religion and the Public Schools.
Sidebar: Adam and Eve and Darwin.
Free Exercise of Religion.
Patriotic Ritual.
Military Service.
Economic Benefits: Eligibility.
Economic Obligations: Exemptions.
Compulsory Education.
Other Free Exercise Questions.
The Religious Freedom Restoration Act.
Cases.
Abington School District v. Schempp (1963).
Walz v. Tax Commission (1970).
Lemon v. Kurtzman (1971).
Agostini v. Felton (1997).
Zelman v. Simmons-Harris (2002).
Edwards v. Aguillard (1987).
Good News Club v. Milford Central School (2001).
Santa Fe Independent School District v. Doe (2000).
Reynolds v. United States (1879).
West Virginia State Board of Education v. Barnette (1943).
Sherbert v. Verner (1963).
Employment Division, Department of Human Resources of Oregon v. Smith (1990).
Wisconsin v. Yoder (1972).
City of Boerne v. Flores (1997).
3. Speech and Assembly.
A Freedom Slow to Develop.
Subversion and National Security.
The Cold War.
Sidebar: The Battle of Foley Square.
Freedom of Association.
Assembly, Protest, and Public Order.
The Hostile Audience and Riot.
Sidebar: The Anti-Judge.
Hate Speech.
Sidebar: Mr. Cleary Goes to Washington.
Sidebar: The Nazis and the Free Marketplace of Ideas.
Time, Place, and Manner Issues.
Cases.
Gitlow v. New York (1925).
Dennis v. United States (1951).
Brandenburg v. Ohio (1969).
NAACP v. Alabama (1958).
Boy Scouts of America v. Dale (2000).
United States v. O'Brien (1968).
Texas v. Johnson (1989).
R.A.V. v. St. Paul (1992).
Wisconsin v. Mitchell (1993).
Edwards v. South Carolina (1963).
Hill v. Colorado (2000).
Tinker v. Des Moines Independent School District (1969).
4. The Media.
Prior Restraints.
Regulations of the Media as Business.
Access of the Media to Trials and Other Works of Government.
Access to the Media.
Sidebar: The Newsman and the Accused: The Case of M.A. Farber and YDr. X.”
Fairness in Criticism and Opinion.
Commercial Speech.
Defamation.
Informational Privacy.
Obscenity and Pornography.
Cases.
New York Times v. United States (1971).
Sheppard v. Maxwell (1966).
Branzburg v. Hayes (1972).
Red Lion Broadcasting Co. v. Federal Communications Commission (1969).
Central Hudson Gas and Electric v. Public Service Commission (1980).
New York Times v. Sullivan (1964).
Gertz v. Robert Welch, Inc. (1974).
Hustler Magazine v. Falwell (1988).
Time, Inc. v. Hill (1967).
Bartnicki v. Hopper (2001).
Roth v. United States (1957).
Miller v. California (1973).
Reno v. American Civil Liberties Union (1997).
Ashcroft v. Free Speech Coalition (2002).
III. SOCIAL CONTROL.
5. Privacy and Public Morality.
Reproductive Freedom.
Sidebar: A Journey on the Court.
Consent and Notification.
Access to Public Medical Resources.
Sexual Conduct.
Death.
Autonomy Revisited.
Cases.
Roe v. Wade (1973).
Planned Parenthood of Southeastern Pennsylvania v. Casey (1992).
Harris v. McRae (1980).
Bowers v. Hardwick (1986).
Cruzan v. Director, Missouri Department of Mental Health.
Washington v. Glucksberg (1997).
6. Crime and Punishment.
Search.
Searches without Warrants.
New Technology.
The Exclusionary Rule.
Arrest.
Counsel.
Self-Incrimination.
Accusation and Plea Bargaining.
Bail and Detention.
Trial.
Sidebar: The Highest Crime.
External Pressure and Prejudice.
Impartial Judge and Jury.
Representative Jury.
Speedy and Public Trial.
Confronting and Obtaining Witnesses.
Double Jeopardy.
Punishment.
The Death Penalty.
Sidebar: The Demographics of Death Row.
Cases.
Chimel v. California (1969).
Terry v. Ohio (1968).
United States v. Ross (1982).
Ferguson v. Charleston (2001).
Kyllo v. United States (2001).
Mapp v. Ohio (1961).
Indianapolis v. Edmond (2000).
Escobedo v. Illinois (1964).
Miranda v. Arizona (1966).
Dickerson v. United States (2000).
Gideon v. Wainwright (1963).
Malloy v. Hogan (1964).
Batson v. Kentucky (1986).
Maryland v. Craig (1990).
Gregg v. Georgia (1976).
McCleskey v. Kemp (1987).
IV. EQUALITY AND INEQUALITY.
7. Racial Integration and Discrimination.
The Antebellum Period.
Reconstruction Gains and Loses.
Not-So-Benign Neglect.
New Initiatives.
The Brown Case.
A Decade of “Deliberate Speed.”
The Civil Rights Movement.
New National Legislation.
A New Era of Complex Civil Rights.
Schools: Desegregation or Racial Balance?
Sidebar: From Advocate to Justice.
Discrimination in Employment.
Cases.
Shelley v. Kraemer (1948).
Brown v. Board of Education of Topeka I (1954).
Brown v. Board of Education of Topeka II (1955).
Cooper v. Aaron (1958).
Loving v. Virginia (1967).
Moose Lodge No. 107 v. Irvis.
Swann v. Charlotte-Mecklenburg Board of Education (1971).
Milliken v. Bradley (1974).
Missouri v. Jenkins (1990).
Regents of the University of California v. Bakke (1978).
Adarand Constructors v. Pena (1995).
8. Alienage and Citizenship.
Those Who Were Here First.
Immigration as National Policy.
Opposition and Conflict.
Citizenship and Naturalization.
Denaturalization and Expatriation.
Deportation.
Alienage and Equal Protection.
Expanding Protection.
Sidebar: Removal.
Federal Power.
Cases.
Yick Wo v. Hopkins (1886).
Graham v. Richardson (1971).
Ambach v. Norwick (1979).
Plyler v. Doe (1982).
9. Gender and Other Discrimination.
Gender.
Women in Need of Protection.
Modern Issues of Opportunity.
Sexual Harassment.
Age.
Birth Status.
Sexual Orientation.
Economic Discrimination.
Cases.
Frontiero v. Richardson (1973).
Craig v. Boren (1976).
Rostker v. Goldberg (1981).
United States v. Virginia (1996).
Massachusetts Board of Retirement v. Murgia (1976).
Romer v. Evans (1996).
Shapiro v. Thompson (1969).
San Antonio Independent School District v. Rodriguez (1973).
10. Voting and Representation.
The Right to Vote.
Other Issues.
Sidebar: The Right to Have One's Vote Recounted Equally.
Representation.
Multimember Districts.
Gerrymanders.
Candidacies and Terms.
Campaigns.
Cases.
Wesberry v. Sanders (1964).
Reynolds v. Sims (1964).
Gomillion v. Lightfoot (1960).
Shaw v. Reno (1993).
Miller v. Johnson (1995).
Buckley v. Valeo (1976).
Appendix A. Reading a Supreme Court Descision.
Appendix B. Law in the Library and on the Internet.
Appendix C. Justices of the Supreme Court.
Appendix D. The Historic Supreme Courts.
Glossary.
General and Supplemental Bibliography.
Index of Cases.
Index of Subjects.
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