Constitutional Law: 2004 Constitutional Law

by Chemerinsky, Erwin

• ISBN13: 9780735544642
• ISBN10: 0735544646
• Edition: Supplement
• Format: Paperback
• Copyright: 2004-08-19
• Publisher: Wolters Kluwer

Summary

To ensure that you have the most up-to-date materials for your constitutional law class, make sure you use Chemerinsky's 2004 Case Supplement. The expert author brings you the very latest cases and materials through the 2003-2004 Supreme Court term.

Author Biography

Erwin Chemerinsky Alston and Bird Professor of Law Duke Law School

Table of Contents

Preface	p. xiii
Introduction: Are Military Tribunals Constitutional?	p. 1
Detention, Treatment, and Trial of Certain Non-Citizens in the War Against Terrorism	p. 1
Ex parte Quirin	p. 6
The Federal Judicial Power	p. 17
Limits on the Federal Judicial Power	p. 17
Justiciability Limits	p. 17
Standing	p. 17
Prudential Standing Requirements (casebook, p. 54)	p. 17
Elk Grove Unified School Dist. v. Newdow	p. 17
Ripeness (casebook, p. 66)	p. 30
The Political Question Doctrine	p. 31
The Policitcal Question Doctrine Defined: The Issue of Partisan Gerrymandering (casebook, p. 81)	p. 31
Vieth v. Jubelirer	p. 31
The Political Question Doctrine Applied: Congressional Self-Governance (casebook, p. 81)	p. 47
The Federal Legislative Power	p. 49
Introduction: Congress and the States	p. 49
McCulloch v. Maryland	p. 49
The Commerce Power	p. 59
1990s-???: Narrowing of the Commerce Power and Revival of the Tenth Amendment as a Constraint on Congress	p. 59
What Is Congress's Authority to Regulate "Commerce Among the States"? (casebook, p. 143)	p. 59
Solid Waste Agency of Northern Cook County v. United States Army Corps of Engineers	p. 59
Pierce County, Washington v. Guillen	p. 65
The Taxing and Spending Power (casebook, p. 180)	p. 67
Sabri v. United States	p. 67
Congress's Power to Authorize Suits Against State Governments	p. 71
Background on the Eleventh Amendment and State Sovereign Immunity (casebook, p. 201)	p. 71
Lapides v. Board of Regents of the University System of Georgia	p. 71
Congress's Power to Authorize Suits Against State Governments (casebook, p. 203)	p. 72
Board of Trustees, University of Alabama v. Garrett	p. 73
Nevada Department of Human Resources v. Hibbs	p. 83
Tennessee v. Lane	p. 91
Congress's Power to Authorize Suits Against State Governments in Federal Administrative Proceedings (new, to be inserted after casebook p. 230)	p. 102
Federal Maritime Commission v. South Carolina State Port Authority	p. 102
The Federal Executive Power	p. 115
Inherent Presidential Power	p. 115
The Scope of Inherent Power: The Issue of Executive Privilege (casebook, p. 240)	p. 115
Cheney v. U.S District Court for the District of Columbia	p. 115
The Constitutional Problems of the Administrative State	p. 119
The Non-Delegation Doctrine and Its Demise (casebook, p. 252)	p. 119
Whitman v. American Trucking Association, Inc.	p. 120
Separation of Powers and Foreign Policy (casebook, p. 281)	p. 123
Hamdi v. Rumsfeld	p. 123
Limits on State Regulatory and Taxing Power	p. 137
Preemption of State and Local Laws	p. 137
Express Preemption (casebook, p. 306)	p. 137
Lorillard Tobacco Co. v. Reilly	p. 137
The Structure of the Constitution's Protection of Civil Rights and Civil Liberties	p. 145
The Application of the Bill of Rights to the States	p. 145
The Incorporation of the Bill of Rights into the Due Process Clause of the Fourteenth Amendment	p. 145
The Application of the Bill of Rights and the Constitution to Private Conduct	p. 146
The Exceptions to the State Action Doctrine (casebook, p. 405)	p. 146
Brentwood Academy v. Tennessee Secondary School Athletic Association	p. 146
Economic Liberties	p. 155
Economic Substantive Due Process	p. 155
Economic Substantive Due Process Since 1937 (casebook, p. 477)	p. 155
State Farm Mutual Automobile Insurance Co. v. Campbell	p. 155
The Takings Clause	p. 163
Is There a "Taking"? (casebook, p. 498)	p. 163
Palazzolo v. Rhode Island	p. 163
Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency	p. 171
What Is the Requirement for "Just Compensation"? (casebook, p. 525)	p. 182
Brown v. Legal Foundation of Washington	p. 182
Equal Protection	p. 189
Classifications Based on Race and National Origin	p. 189
Racial Classifications Benefiting Minorities (casebook, p. 615)	p. 189
Grutter v. Bollinger	p. 189
Gratz v. Bollinger	p. 210
Easley v. Cromartie	p. 219
Gender Classifications	p. 225
Gender Classifications Benefiting Women (casebook, p. 658)	p. 225
Nguyen v. Immigration and Naturalization Service	p. 226
Fundamental Rights Under Due Process and Equal Protection	p. 235
Constitutional Protection for Sexual Orientation and Sexual Activity (casebook, p. 799)	p. 235
Lawrence v. Texas	p. 235
The Right to Vote	p. 249
Counting "Uncounted" Votes in a Presidential Election: Bush v. Gore (new, following casebook, p. 832)	p. 249
The Events Leading Up to Bush v. Gore	p. 250
The Decision	p. 253
Bush v. Gore	p. 253
Issues to Consider Concerning Bush v. Gore	p. 276
First Amendment: Freedom of Expression	p. 277
Free Speech Methodology	p. 277
The Distinction Between Content-Based and Content-Neutral Laws	p. 277
The Importance of the Distinction (casebook, p. 904)	p. 277
Republican Party of Minnesota v. White	p. 277
Problems in Applying the Distinction Between Content-Based and Content-Neutral Laws	p. 292
United States v. American Library Association, Inc.	p. 292
Vagueness and Overbreadth (casebook, p. 919)	p. 303
Overbreadth (casebook, p. 921)	p. 303
Virginia v. Hicks	p. 303
Prior Restraints	p. 307
Licensing as a Prior Restraint	p. 307
Thomas and Windy City Hemp Development Board v. Chicago Park District	p. 308
City of Littleton, Colo. v. Z.J. Gifts	p. 311
Watchtower Bible and Tract Society of New York, Inc. v. Village of Stratton	p. 315
What Is an Infringement of Freedom of Speech?	p. 322
Legal Services Corporation v. Velazquez	p. 322
Types of Unprotected and Less Protected Speech	p. 329
Fighting Words, the Hostile Audience, and the Problem of Racist Speech (casebook, p. 991)	p. 329
Prohibiting Threatening Speech	p. 329
Virginia v. Black	p. 330
Sexually Oriented Speech	p. 343
Child Pornography (casebook, p. 1022)	p. 343
Ashcroft v. The Free Speech Coalition	p. 343
Protected, but Low Value Sexual Speech	p. 353
Zoning Ordinances (casebook, p. 1025)	p. 353
City of Los Angeles v. Alameda Books, Inc.	p. 352
Profanity and "Indecent" Speech	p. 360
The Internet (casebook, p. 1044)	p. 360
Ashcroft v. American Civil Liberties Union	p. 361
Commercial Speech	p. 367
The Test for Evaluating Regulation of Commercial Speech (casebook, p. 1063)	p. 367
Regulating Commercial Speech to Achieve Other Goals (casebook, p. 1072)	p. 367
Lorillard Tobacco Co. v. Reilly	p. 367
Thompson v. Western States Medical Center	p. 378
Reputation, Privacy, Publicity and the First Amendment: Torts and the First Amendment	p. 379
Public Disclosure of Private Facts (casebook, p. 1097)	p. 379
Bartnicki v. Vopper	p. 380
Conduct that Communicates	p. 389
When May the Government Regulate Conduct that Communicates?	p. 389
Spending Money as Political Speech (casebook, p. 1113)	p. 389
The Continuing Distinction Between Contributions and Expenditures (casebook, p. 1121)	p. 389
McConnell v. Federal Election Commission	p. 390
Is Corporate Spending Protected Speech? (casebook p. 1124)	p. 409
Federal Election Commission v. Beaumont	p. 409
What Places Are Available for Speech?	p. 414
Government Properties and Speech	p. 414
Designated (Limited) Public Forums (casebook, p. 1146)	p. 414
Speech in Authoritarian Environments: Military, Prisons, and Schools	p. 415
Prisons (casebook, p. 1166)	p. 415
Shaw v. Murphy	p. 415
First Amendment: Religion	p. 417
The Free Exercise Clause	p. 417
Is the Denial of Funding for Religious Education a Violationof Free Exercise of Religion? (casebook, p. 1266)	p. 417
Locke v. Davey	p. 417
The Establishment Clause	p. 423
Religious Speech and the First Amendment	p. 423
Religious Group Access to School Facilities (casebook, p. 1282)	p. 423
Good News Club v. Milford Central School	p. 423
When Can Government Give Aid to Parochial Schools? (casebook, p. 1305)	p. 434
Zelman v. Simmons-Harris	p. 434
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