Civil Rights & Liberties in the 21st Century

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  • Edition: 3rd
  • Format: Nonspecific Binding
  • Copyright: 2009-02-20
  • Publisher: Routledge
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This up-to-date analysis of the Supreme Court's landmark rulings on civil rights and liberties is a discussion of the facts, legal issues, and constitutional questions surrounding those rulings. Domino's text serves as either a core text in courses on civil liberties and civil rights, or as a supplementary text in courses on constitutional law and the judiciary. Written in the belief that the key to understanding constitutional law is not having the right answers but asking the right questions, the book encourages students to be active and critical thinkers and provides a historical context so that students can better understand competing social, legal, and political interests affecting the Supreme Court's decisions today. It also includes numerous short excerpts from some of the more influential, eloquent, and controversial Supreme Court opinions to illustrate the handiwork of the powerful legal minds who have helped to shape our society, and to remind us that "the Court" is not some abstract legal mechanism, but a group of human beings with divergent points of view.

Table of Contents

Prefacep. xiii
Introduction: Rights and Liberties and the Supreme Courtp. 1
Civil Rights and Liberties: Building a Consensusp. 1
Constitutional Foundations of Civil Rights and Libertiesp. 2
Constitutional Questionsp. 3
Purpose of This Bookp. 4
A Cultural Tribunal? The Supreme Court's Role in Diverse Societyp. 5
The Power and Operation of the Supreme Courtp. 10
Judicial Reviewp. 10
An Independent Judiciaryp. 12
The Application of Judicial Review: Judicial Activism and Judicial Restraintp. 14
Operation of the Supreme Court: How the Court Decides a Casep. 16
Setting the Court's Agendap. 16
Requirements for Judicial Reviewp. 17
Jurisdictionp. 17
Rules of Accessp. 18
Granting Certiorari: The Decision to Hear an Appealp. 19
Oral Argumentp. 21
Conference and Votep. 22
The Opinionp. 22
The Importance of the Court's Opinionsp. 23
Compliance and Implementation of the Court's Decisionsp. 24
Organization of This Bookp. 24
Finding the Full Text of The U.S. Supreme Court Opinions on the World Wide Webp. 25
Freedom of Expressionp. 29
Subversive Political Speech: The Evolution of the Clear and Present Danger Doctrinep. 30
The Rise and Fall of the Clear and Present Danger Testp. 30
The Red Scarep. 35
Guilt by Associationp. 40
Retreat from the Clear and Present Danger Testp. 43
Inflammatory Wordsp. 44
Economic Boycotts as Speechp. 46
Symbolic and Offensive Speechp. 48
Compulsory Flag Salutep. 48
Conduct as Speech: Of Armbands, Draft Cards, and Flag Burningp. 55
Offensive and Racist Speechp. 66
Vulgar Languagep. 67
Hate Speechp. 69
Regulating Hate Speechp. 72
Competing Rights: Abortion Clinic Protestsp. 81
Concluding Commentsp. 87
Freedom of Religion and Freedom from Religionp. 90
Free Exercise of Religionp. 91
Balancing Religious Liberty with the Needs of Societyp. 91
Religious Exemptions to the Lawp. 91
A Narrowing Interpretation of the Free Exercise Clausep. 102
Unorthodox Practices: The Use of Illegal Drugs and Animal Sacrifice as an Expression of Religious Beliefp. 105
Animal Sacrifice as Religious Conductp. 108
Hallucinogenic Tea in Religious Ritualp. 110
The Establishment Clause and State-Sponsored Religionp. 113
Separation of Church and Statep. 113
School Prayerp. 115
Bible Readingp. 119
Prayer at Football Gamesp. 122
Financial Support of Religionp. 125
Moment of Silencep. 131
Teaching Creation Science versus Evolutionp. 134
Displays of Religious Symbols on Public Propertyp. 143
Concluding Commentsp. 154
Due Process Rights and Criminal Justicep. 159
Due Process and Incorporationp. 159
Searches and Seizuresp. 165
The Exclusionary Rulep. 165
Exceptions to the Warrant Requirementp. 172
The Confusing World of Automobile Searchesp. 173
Searches of Mass Transportationp. 178
The "Seizure" Question Revisitedp. 181
Clarifying Terryp. 183
Media Ride-Alongsp. 184
Electronic Eavesdroppingp. 186
Aerial Searches and Thermal Imagingp. 191
The Right to Counselp. 197
Police Interrogations and the Fifth Amendmentp. 201
Miranda Revisitedp. 208
Cruel and Unusual Punishmentp. 211
Capital Punishmentp. 212
Victim Impact Statementsp. 221
Challenging the Method of Execution: Lethal Injectionp. 223
Concluding Commentsp. 226
Privacy: "The Right to Be Let Alone" or "The Right to Choose"?p. 231
The Fourth Amendment and the Right to Privacyp. 232
Drug Testingp. 235
Privacy as Autonomy and Reproductive Freedomp. 240
Elevation of Privacy to a Constitutional Rightp. 241
Abortionp. 246
Roe v. Wadep. 247
Post-Roe v. Wadep. 250
"Partial Birth" Abortionp. 265
Privacy and Sexual Orientationp. 270
The Right to Diep. 276
Physician-Assisted Suicidep. 280
Concluding Commentsp. 283
Equal Protection of the Lawsp. 288
Racial Discriminationp. 288
Separate but Equalp. 288
Brown v. Board of Educationp. 292
Implementing Brownp. 297
Desegregating Other Public Facilitiesp. 302
Private Facilitiesp. 303
Affirmative Action, Culture, and the Courtp. 306
A Return to Race-Based College and Public School Admissions Decisionsp. 316
Sex Discriminationp. 327
Single-Sex Colleges: The VMI Casep. 334
Sexual Harassmentp. 338
Discrimination on the Basis of Sexual Orientation: An Equal Protection Question?p. 346
Concluding Commentsp. 353
Trends on the Supreme Courtp. 358
Revolution and Counterrevolutionp. 358
Freedom of Expression: New Standards of Reviewp. 361
Church-State Issuesp. 362
Free Exercise of Religionp. 362
Establishment of Religionp. 363
Due Processp. 364
Privacy: Transformation from a Constitutional Right to a Liberty Interestp. 366
Abortion Rightsp. 367
Equal Protection: Respect for Precedentp. 369
The Legacy of the Rehnquist Courtp. 370
The Supreme Court's Role In Our Diverse Culture: Some Final Thoughtsp. 374
Selected Further Readingsp. 378
Index of Casesp. 381
Indexp. 385
Table of Contents provided by Ingram. All Rights Reserved.

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