Preface | p. ix |
A Framework for Analysis | p. 1 |
Law and Courts in Political-Social Context | p. 3 |
Congress, the President, and Administrative Officials | p. 5 |
Interest Groups and the Dynamics of Civil Liberties | p. 7 |
More on the Court: Inside the Marble Palace | p. 7 |
The "Rules of the Game" and American Political Values | p. 11 |
Civil Liberties in the Context of Federalism | p. 13 |
The Supreme Court, the Bill of Rights, and the Fourteenth Amendment | p. 14 |
State Constitutions | p. 17 |
State Judicial Selection | p. 20 |
Conclusion | p. 21 |
Palko v. Connecticut | p. 21 |
Duncan v. Louisiana | p. 23 |
Selected References | p. 29 |
Religious Liberty | p. 31 |
Transportation, Books, Teachers, Facilities: Parochiaid Expands | p. 32 |
The Emergence of Parochiaid Controversies: From Transportation to Textbooks | p. 32 |
Everson v. Board of Education | p. 33 |
Board of Education v. Allen | p. 36 |
Expanding Parochiaid: The Lemon Test and Doctrinal Development | p. 40 |
Lemon v. Kurtzman | p. 42 |
Committee for Public Education and Religious Liberty v. Nyquist | p. 47 |
Mueller v. Allen | p. 51 |
Agostini v. Felton | p. 55 |
Parochiaid and Higher Education | p. 62 |
Tilton v. Richardson | p. 63 |
Selected References | p. 67 |
Prayer and Religious Activities in the Public Schools and Other Public Places | p. 68 |
Prayer and Religious Instruction in Public Schools | p. 68 |
School District of Abington Township, Pennsylvania v. Schempp | p. 74 |
Board of Education of Westside Community Schools v. Mergens | p. 78 |
Lee v. Weisman | p. 84 |
Rosenberger v. The Rector of the University of Virginia | p. 92 |
Edwards v. Aguillard | p. 103 |
Government-Sponsored Religious Displays | p. 110 |
Lynch v. Donnelly | p. 111 |
Selected References | p. 115 |
The State, Religious Beliefs, Religious Practices, and Ceremonies: Free Exercise Clause Controversies | p. 116 |
Jehovah's Witnesses and Early Free Exercise Jurisprudence | p. 116 |
Minersville School District v. Gobitis | p. 116 |
Murdock v. Pennsylvania | p. 121 |
The State, Religious Beliefs and Practices, and the Free Exercise Clause | p. 124 |
Sherbert v. Verner | p. 128 |
Wisconsin v. Yoder | p. 131 |
Hobbie v. Unemployment Appeals Commission of Florida | p. 136 |
Department of Human Resources of Oregon v. Smith | p. 138 |
City of Boerne, Texas v. Flores | p. 143 |
Churches and Taxes | p. 149 |
Walz v. Tax Commission of City of New York | p. 150 |
Jimmy Swaggart Ministries v. Board of Equalization of California | p. 153 |
Religious Liberty and Compulsory Military Service | p. 156 |
Welsh v. United States | p. 158 |
Selected References | p. 162 |
Freedom of Expression, Assembly, and Association | p. 163 |
Freedom of Expression | p. 164 |
The Constitutional Law of Speech | p. 165 |
Schenck v. United States | p. 169 |
Abrams v. United States | p. 170 |
Gitlow v. New York | p. 174 |
Whitney v. California | p. 176 |
Dennis v. United States | p. 179 |
Brandenburg v. Ohio | p. 186 |
Time, Place, and Manner Restrictions | p. 190 |
Cohen v. California | p. 198 |
Feiner v. New York | p. 199 |
Adderly v. State of Florida | p. 202 |
PruneYard Shopping Center v. Robins | p. 205 |
Frisby v. Schultz | p. 209 |
Madsen v. Women's Health Center, Inc. | p. 213 |
Freedom of Expression in Special Contexts and Freedom of Association | p. 220 |
Symbolic Speech and the Speech/Conduct Distinction | p. 220 |
Texas v. Johnson | p. 222 |
R.A. V. v. St. Paul, Minnesota | p. 226 |
Wisconsin v. Mitchell | p. 234 |
Commercial Speech | p. 235 |
Money as Speech | p. 237 |
Obscenity | p. 238 |
Miller v. California | p. 243 |
Barnes v. Glen Theatre, Inc. | p. 247 |
Student Rights and Free Expression | p. 254 |
Tinker v. Des Moines Independent Community School District | p. 255 |
Bethel School District No. 403 v. Fraser | p. 259 |
Hazelwood School District v. Kuhlmeier | p. 264 |
Association | p. 271 |
National Association for the Advancement of Colored People v. Alabama | p. 272 |
New York State Club Association, Inc. v. City of New York | p. 275 |
Freedom of the Press | p. 279 |
Prior Restraint and Access | p. 280 |
Near v. Minnesota | p. 280 |
New York Times v. United States [The Pentagon Papers Case] | p. 283 |
Is the Press "Special"? | p. 289 |
Freedom of the Press and the Judicial Process | p. 292 |
Branzburg v. Hayes | p. 297 |
Nebraska Press Association v. Stuart | p. 305 |
New York Times v. Sullivan | p. 308 |
The Various Media | p. 313 |
Reno v. American Civil Liberties Union | p. 314 |
Selected References | p. 320 |
Rights of the Accused and the Criminal Justice System | p. 321 |
The Exclusionary Rule and Other Fourth Amendment Controversies | p. 323 |
Fourth Amendment Problems: The Exclusionary Rule Controversy | p. 323 |
Mapp v. Ohio | p. 324 |
The Fourth Amendment in Retreat? Expanding Warrantless Searches | p. 328 |
United States v. Leon | p. 336 |
California v. Greenwood | p. 342 |
Florida v. Bostick | p. 345 |
Maryland v. Wilson | p. 349 |
Selected References | p. 353 |
Protection Against Compulsory Self-Incrimination and the Right to Counsel | p. 354 |
From Coerced Confessions to Miranda Warnings | p. 354 |
Miranda v. Arizona | p. 356 |
Developing Miranda Jurisprudence in the Warren, Burger, and Rehnquist Courts | p. 361 |
New York v. Quarles | p. 364 |
Illinois v. Perkins | p. 368 |
Davis v. United States | p. 372 |
Assistance of Counsel | p. 375 |
Gideon v. Wainwright | p. 377 |
Strickland v. Washington | p. 380 |
Selected References | p. 384 |
Other Constitutional Guarantees in the Criminal Process: Trials, Sentencing, and Incarceration | p. 385 |
Trial by Jury and Jury Selection Problems | p. 385 |
Batson v. Kentucky | p. 388 |
Georgia v. McCollum | p. 394 |
The Death Penalty Controversy | p. 398 |
Gregg v. Georgia | p. 404 |
Stanford v. Kentucky/Wilkins v. Missouri | p. 408 |
Payne v. Tennessee | p. 413 |
Calderon v. Thompson | p. 419 |
Bail and Preventive Detention | p. 425 |
Kansas v. Hendricks | p. 426 |
Confrontation and Cross-Examination | p. 434 |
Coy v. Iowa | p. 434 |
Prisoners' Rights | p. 437 |
Wilson v. Seiter | p. 441 |
Hudson v. McMillian | p. 443 |
Juvenile Rights | p. 448 |
In re Gault | p. 449 |
Selected References | p. 454 |
Protecting Against Bias: Segregation and Discrimination | p. 455 |
The Development and Legal Demise of Racial Segregation | p. 457 |
Slavery under the Rubric of Compromise | p. 457 |
From Reconstruction to Home Rule | p. 458 |
Civil Rights Cases | p. 459 |
Constitutionalization of Racial Segregation | p. 463 |
Plessy v. Ferguson | p. 464 |
Public Accommodation and Housing | p. 468 |
Negating Black Participation | p. 469 |
Separate and Unequal: Public Education from Plessy to Brown | p. 470 |
Brown v. Board of Education (I) | p. 472 |
Brown v. Board of Education (II) | p. 473 |
Selected References | p. 474 |
The Rocky Road of School Desegregation | p. 475 |
Onward from Brown I: Issues of Implementation | p. 475 |
"It's Not the Bus; It's Us": Desegregation Moves North | p. 476 |
Milliken v. Bradley | p. 481 |
Board of Education of Oklahoma City Public Schools v. Dowell | p. 486 |
Freeman v. Pitts | p. 490 |
Missouri v. Jenkins | p. 497 |
Desegregation Issues in Higher Education | p. 500 |
United States v. Fordice | p. 501 |
Selected References | p. 509 |
The Continuing Significance of Race: the Prevalence of Biases and the Affirmative Action Controversy | p. 510 |
Some Judicial Standards and Equal Protection Review | p. 512 |
Eliminating Job Bias | p. 512 |
Griggs v. Duke Power Co. | p. 513 |
Affirmative Action and the Inclusion of the Excluded | p. 515 |
Wards Cove Packing Co. v. Atonio | p. 520 |
Patterson v. McLean Credit Union | p. 524 |
Regents of the University of California v. Bakke | p. 529 |
City of Richmond v. J. A. Croson Co. | p. 538 |
Adarand Constructors, Inc. v. Pena | p. 545 |
Hopwood v. Texas | p. 552 |
"But Not Next Door": The Controversy over Racially Segregated Housing | p. 558 |
Commentary | p. 560 |
Selected References | p. 561 |
The Continuing Significance of Race: Voting and Political Representation | p. 562 |
Negating Black Political Participation: State Defiance of the Fifteenth Amendment | p. 564 |
Gomillion v. Lightfoot | p. 565 |
From the Streets to the Congress: Renewing the Fifteenth Amendment's Commitment | p. 567 |
South Carolina v. Katzenbach | p. 571 |
City of Mobile, Alabama v. Bolden | p. 576 |
Chisom v. Roemer | p. 582 |
Presley v. Etowah County Commission | p. 585 |
Reapportionment and Related Problems | p. 591 |
Baker v. Carr | p. 593 |
Shaw v. Reno | p. 599 |
Miller v. Johnson | p. 603 |
Shaw v. Hunt | p. 611 |
Selected References | p. 621 |
Age and Disability Discrimination | p. 623 |
Age and the Workplace: The Development of the Law | p. 623 |
Massachusetts Board of Retirement v. Murgia | p. 625 |
Bona Fide Occupational Qualifications | p. 629 |
Vance v. Bradley | p. 631 |
Gregory v. Ashcroft | p. 634 |
Proof of Violations | p. 643 |
O'Connor v. Consolidated Coin Caterers Corp. | p. 643 |
Disability in the Workplace | p. 644 |
Southeastern Community College v. Davis | p. 646 |
School Board of Nassau County, Florida v. Arline | p. 649 |
Bragdon v. Abbott | p. 652 |
Selected References | p. 659 |
Native Americans--Race and Culture: Promises Made, Promises Broken | p. 660 |
Doctrines of Discovery and Conquest | p. 660 |
Johnson v. McIntosh | p. 663 |
Cherokee Nation v. Georgia | p. 668 |
Worcester v. Georgia | p. 670 |
Seven Periods of Broken Promises: Issues in Civil Rights | p. 675 |
The Rights of Native Americans and Treaties: The Civil Rights of Groups | p. 677 |
Morton v. Mancari | p. 679 |
United States v. Sioux Nation | p. 683 |
Criminal Jurisdiction: Issues of Culture and Power | p. 692 |
Ex parte Crow Dog | p. 694 |
United States v. Kagama | p. 699 |
American Indians' Self-Government and the Constitution | p. 702 |
American Indians and Civil Rights: The Struggle for Cultural Recognition | p. 703 |
American Indians' Culture as a Civil Right | p. 704 |
Selected References | p. 705 |
Gender-Based Discrimination, Privacy in Varied Contexts, and the Poor in Court | p. 707 |
Equal Rights for Women and Gender-Based Discrimination | p. 709 |
Sex Discrimination and the Evolution of Judicial Policies | p. 709 |
Bradwell v. Illinois | p. 715 |
Muller v. Oregon | p. 717 |
Reed v. Reed | p. 719 |
Frontiero v. Richardson | p. 720 |
Craig v. Boren | p. 723 |
Orr v. Orr | p. 725 |
Personnel Administrator of Massachusetts v. Feeney | p. 727 |
Rostker v. Goldberg | p. 732 |
Michael M. v. Superior Court of Sonoma County | p. 735 |
Mississippi University for Women v. Hogan | p. 739 |
Grove City College v. Bell | p. 742 |
United States v. Virginia | p. 745 |
Miller v. Albright | p. 749 |
Constitutional Politics: The Saga of the Era | p. 752 |
Privacy and Individual Rights in Varied Contexts | p. 753 |
Beyond the Fourth Amendment: Privacy as a Constitutional Right and the Abortion Controversy | p. 753 |
Griswold v. Connecticut | p. 756 |
Roe v. Wade | p. 759 |
Webster v. Reproductive Health Services | p. 763 |
Planned Parenthood of Southeastern Pennsylvania v. Casey | p. 766 |
Privacy in Varied Contexts: Sexual Orientation, Sexual Harassment, the Right to Die, and So on | p. 771 |
Bowers v. Hardwick | p. 776 |
Romer v. Evans | p. 781 |
Oncale v. Sundowner Offshore Services, Inc. | p. 786 |
Washington v. Glucksberg | p. 788 |
Vernonia School District 47J v. Acton | p. 793 |
Selected References | p. 798 |
The Poor in Court: Expanding and Contracting Rights | p. 800 |
Structural Obstacles Facing the Poor | p. 801 |
Welfare Benefits | p. 802 |
Shapiro v. Thompson | p. 805 |
Goldberg v. Kelly | p. 810 |
Wyman v. James | p. 814 |
Poverty, Public Schools, and the Property Tax | p. 818 |
San Antonio Independent School District v. Rodgriguez | p. 819 |
The Poor and Housing | p. 826 |
Access to the Courts | p. 827 |
Lawyers, Legal Services, and Rights of the Poor | p. 829 |
The Reagan, Bush, and Clinton Years: Limitations on Achieving Economic Justice through the Courts and the Law | p. 830 |
The Future of Poverty: Capacity and Limits of the Courts and the Law | p. 832 |
Selected References | p. 834 |
The Bork Confirmation Battle: A Case Study | p. 835 |
The Downfall of Separate but Equal: Brown v. Board of Education | p. 846 |
Constitution of the United States | p. 864 |
Table of Cases | p. 872 |
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