Civil Rights and Liberties: Toward the Twenty-First Century

by Domino, John C.

ISBN13:

9780065006124

ISBN10:

0065006127

Format:

Paperback

Pub. Date:

1/1/1994

Publisher(s):

Addison-Wesley

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Summary

This up-to-date analysis of the United States Supreme Court's rulings on civil rights and liberties is a discussion of the facts, legal issues, and constitutional questions surrounding major rulings

Preface

Introduction

(11)

Civil Rights and Liberties

(2)

An Independent Judiciary

(3)

How the Supreme Court Decides

(2)

The Importance of the Court's Opinion

(4)

Freedom of Expression

(47)

Subversive Political Speech: The Evolution of the Clear and Present Danger Doctrine

(19)

Symbolic and Offensive Speech

(17)

Offensive and Racist Speech

(8)

Concluding Comments

(2)

Obscenity: The Limits of Sexually Oriented Expression

(28)

Early Attempts to Define Obscenity

(5)

Private Possession of Obscene Material

(1)

The Miller Test

(4)

Telephone Pornography

(2)

Child Pornography

(4)

Mainstream Forms of Sexual Communications

(1)

Radio Broadcasts

(3)

Erotic Dance and Offensive Music

(5)

Concluding Comments

(2)

Freedom of Religion and Freedom from Religion

(45)

Free Exercise of Religion

(18)

Balancing Religious Liberty with the Needs of Society

(9)

A Narrowing Interpretation of the Free Exercise Clause

(3)

The Use of Illegal Drugs as a Religious Practice

100

(4)

Concluding Comments

104

(1)

The Establishment Clause and State-Sponsored Religion

105

(27)

The Wall of Separation

105

(1)

School Prayer

106

(4)

Bible Reading

110

(2)

Financial Support of Religion

112

(4)

Moment of Silence

116

(2)

Teaching Creation Science

118

(5)

State-Supported Displays of Religious Symbols

123

(2)

Use of Public School Facilities for Religious Activities

125

(3)

Concluding Comments

128

(4)

Due Process Rights and Criminal Justice

132

(56)

Due Process and Incorporation

133

(6)

Searches and Seizures

139

(17)

The Exclusionary Rule

140

(6)

Exceptions to the Warrant Requirement

146

(1)

The Confusing World of Automobile Searches

147

(4)

Searches of Mass Transportation

151

(3)

The ``Seizure'' Question Revisited

154

(2)

Electronic Eavesdropping

156

(4)

Aerial Surveillance

160

(2)

The Right to Counsel

162

(3)

Police Interrogations and the Fifth Amendment

165

(6)

Cruel and Unusual Punishment

171

(12)

The Death Penalty

173

(7)

The Conservative Agenda and the Eighth Amendment

180

(3)

Concluding Comments

183

(5)

Privacy: ``The Right to Be Let Alone'' or ``The Right to Choose''

188

(37)

Tort Law and Fourth Amendment Origins of the Privacy Right

189

(2)

Drug Testing

191

(5)

Privacy as Autonomy and Reproductive Freedom

196

(23)

Elevation of Privacy to a Constitutional Right

198

(2)

Abortion

200

(14)

Privacy and Homosexuality

214

(2)

The Right to Die

216

(3)

Concluding Comments

219

(6)

Equal Protection of the Laws

225

(45)

Racial Discrimination

225

(8)

Introduction: Separate but Equal

225

(2)

Brown v. Board of Education

227

(6)

Implementing Brown

233

(18)

Desegregating Other Public Facilities

236

(3)

Private Facilities

239

(3)

Affirmative Action and Quotas

242

(9)

Sex Discrimination

251

(14)

Sexual Harassment

259

(6)

Concluding Comments

265

(5)

The Rehnquist Court: Revolution or Respect for Precedent?

270

(17)

Setting the Stage for Counterrevolution

270

(2)

Freedom of Expression: New Standards of Review

272

(1)

The Disappearance of the Right of Privacy

273

(1)

The Ghost of Roe v. Wade: The New Abortion Standard

274

(2)

Due Process: Casting Aside Precedent

276

(2)

Church-State Issues: Holding the Line

278

(2)

Equal Protection: Respect for Precedent

280

(1)

Judicial Philosophy and the Direction of the Court

281

(6)

Selected Further Readings

287

(2)

The Constitution of the United States

289

(18)

Index of Cases

307

(6)

Index

313

Civil Rights and Liberties: Toward the Twenty-First Century

9780065006124

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Summary

Table of Contents