Supreme Court Watch - 2001

by O'Brien, David M.

• ISBN13: 9780393977509
• ISBN10: 0393977501
• Format: Paperback
• Copyright: 2001-10-01
• Publisher: W W Norton & Co

Table of Contents

Preface	xi
Law and Politics in the Supreme Court: Jurisdiction and Decision-Making Process	3	(6)
Jurisdiction and Justiciable Controversies	3	(1)
The Development of Law: Other Important Rulings on Standing	3	(1)
The Court's Docket and Screening Cases	4	(3)
Inside the Court: The Business of the Supreme Court in the 2000--2001 Term	6	(1)
Opinion Days and Communicating Decisions	7	(2)
Inside the Court: Opinion Writing during the 2000--2001 Term	7	(1)
Inside the Court: Voting Alignments in the Rehnquist Court, 1986--1999 Terms	8	(1)
The President as Chief Executive in Domestic Affairs	9	(1)
Legislative Powers in the Administrative State	9	(1)
[Food and Drug Administration v. Brown and Williamson]	9	(1)
Congress: Membership, Immunities, and Investigatory Powers	10	(1)
Membership and Immunities	10	(1)
[Cook v. Gralike]	10	(1)
Congress: Legislative, Taxing, and Spending Powers	11	(15)
From the New Deal Crisis to the Administrative State	11	(15)
[Jones v. United States]	11	(1)
Reno v. Condon	12	(1)
United States v. Morrison	13	(13)
The States and American Federalism	26	(14)
States' Power over Commerce and Regulation	26	(1)
The Development of Law: Other Rulings on State Regulatory Powers in Alleged Conflict with Federal Legislation	26	(1)
The Tenth Amendment and the States	27	(13)
[Florida Prepaid Postsecondary Education Expense Board v. College Savings Bank]	27	(1)
[Vermont Agency of Natural Resources v. United States ex rel. Stevens]	28	(1)
[Board of Trustees of the University of Alabama at Birmingham v. Garrett]	28	(1)
Alden v. Maine	29	(7)
Kimel v. Florida Board of Regents	36	(4)
Representative Government, Voting Rights, and Electoral Politics	40	(31)
Representative Government and the Franchise	40	(1)
The Development of Law: Other Rulings Interpreting the Voting Rights Act	40	(1)
Voting Rights and the Reapportionment Revolution	41	(6)
Hunt v. Cromartie	41	(6)
Campaigns and Elections	47	(24)
The Development of Law: Other Rulings on Campaign Finance	47	(1)
The Development of Law: Other Rulings on Campaigns and Elections	48	(1)
California Democratic Party v. Jones	48	(4)
Bush v. Gore	52	(11)
Federal Election Commission v. Colorado Republican Federal Campaign Committee	63	(8)
Economic Rights and American Capitalism	71	(1)
The ``Takings Clause'' and Just Compensation	71	(1)
The Development of Law: Other Important Rulings on the Takings Clause	71	(1)
The Nationalization of the Bill of Rights	72	(2)
The Rise and Retreat of the ``Due Process Revolution''	72	(2)
[Kansas v. Crane]	72	(1)
The Development of Law: Rulings on Substantive and Procedural Due Process	73	(1)
Freedom of Expression and Association	74	(33)
Judicial Approaches to the First Amendment	74	(5)
(2) Judicial Line Drawing: Ad Hoc and Definitional Balancing	74	(1)
[Legal Services Corporation v. Velazquez]	74	(1)
Board of Regents of the University of Wisconsin System v. Southworth	75	(4)
Obscenity, Pornography, and Offensive Speech	79	(7)
(1) Obscenity and Pornography	79	(1)
[Los Angeles, California v. Alameda Books, Inc.]	79	(1)
City of Erie v. Pap's A.M.	79	(6)
(2) Fighting Words and Offensive Speech	85	(1)
[Apprendi v. New Jersey]	85	(1)
Commercial Speech	86	(9)
Lorillard Tobacco Co. v. Reilly	86	(7)
The Development of Law: Other Important Rulings on Commercial Speech and the First Amendment	93	(2)
Freedom of the Press	95	(1)
[Bartnicki v. Vopper]	95	(1)
Regulating the Broadcast and Cable Media, and the Internet	95	(1)
[United States v. Playboy Entertainment Group, Inc.]	96	(1)
[Ashcroft v. American Civil Liberties Union]	96	(1)
Symbolic Speech and Speech-Plus-Conduct	96	(1)
[Hill v. Colorado]	97	(1)
[Thomas v. Chicago Park District]	97	(1)
Freedom of Association	97	(10)
[California Democratic Party v. Jones]	97	(1)
Boy Scouts of America v. Dale	97	(10)
Freedom from and of Religion	107	(23)
The (Dis)Establishment of Religion	107	(23)
Santa Fe Independent School District v. Doe	107	(5)
Mitchell v. Helms	112	(11)
Good News Club v. Milford Central School	123	(7)
The Fourth Amendment Guarantee against Unreasonable Searches and Seizures	130	(35)
Requirements for a Warrant and Reasonable Searches and Seizures	130	(5)
[Illinois v. McArthur]	130	(1)
[United States v. Arvizu]	131	(1)
Wilson v. Layne	131	(4)
Exceptions to the Warrant Requirement	135	(5)
[Maryland v. Dyson]	135	(1)
[Flippo v. West Virginia]	135	(1)
[Florida v. J.L.]	135	(1)
[United States v. Knights]	135	(1)
Illinois v. Wardlow	136	(2)
Bond v. United States	138	(2)
The Special Problems of Automobiles in a Mobile Society	140	(14)
Wyoming v. Houghton	141	(2)
Florida v. White	143	(2)
Indianapolis v. Edmond	145	(3)
Atwater v. Lago Vista	148	(6)
Other Governmental Searches in the Administrative State	154	(5)
Ferguson v. Charleston	154	(5)
Wiretapping, Bugging, and Police Sureillance	159	(6)
Kyllo v. United States	160	(5)
The Fifth Amendment Guarantee against Self-Accusation	165	(7)
[McKune v. Lile]	165	(1)
Coerced Confessions and Police Interrogations	165	(7)
[Texas v. Cobb]	165	(1)
Dickerson v. United States	166	(6)
The Rights to Counsel and Other Procedural Guarantees	172	(2)
The Right to Counsel	172	(1)
[Martinez v. Court of Appeal of California]	172	(1)
Plea Bargaining and the Right to Effective Counsel	172	(2)
The Development of Law: Rulings on Plea Bargaining and Effective Counsel	172	(2)
Cruel and Unusual Punishment	174	(2)
Capital Punishment	174	(2)
[McCarver v. North Carolina]	174	(1)
The Development of Law: Post-Furman Rulings on Capital Punishment	174	(2)
The Right of Privacy	176	(10)
Privacy and Reproductive Freedom	176	(10)
Stenberg v. Carhart	176	(10)
The Equal Protection of the Laws	186	(7)
Racial Discrimination and State Action	186	(1)
The Development of Law: Other Rulings on State Action	186	(1)
Affirmative Action and Reverse Discrimination	186	(1)
[Adarand Constructors, Inc. v. Mineta]	186	(1)
Nonracial Classifications and the Equal Protection of the Laws	187	(6)
Gender-Based Discrimination	187	(1)
The Development of Law: Other Rulings Upholding Gender-Based Distinctions under the Constitution	187	(1)
Wealth, Poverty, and Illegitimacy	187	(1)
Saenz v. Roe	188	(4)
Alienage and Age	192	(1)
The Development of Law: Recent Rulings on Age Discrimination	192	(1)
Index of Cases	193