Supreme Court Watch 2002

by O'Brien, David M.

• ISBN13: 9780393979589
• ISBN10: 039397958X
• Format: Paperback
• Copyright: 2002-10-04
• Publisher: W. W. Norton & Company

Summary

Each annual edition of Supreme Court Watch offers students narratives and analyses of legal disputes, political battles, and social confrontations as they unfold before the Supreme Court. Also included are numerous excerpts from the justices' opinions and dissents on the Court's most influential cases of the past three terms, as well as a running preview of the cases awaiting the Court in the forthcoming term. Supreme Court Watch is an indispensable resource for any course on law, legal studies, and the judiciary.

Table of Contents

Preface	vii
Law and Politics in the Supreme Court: Jurisdiction and Decision-Making Process	1	(5)
The Court's Docket and Screening Cases	1	(3)
Inside the Court: The Business of the Supreme Court in the 2001--2002 Term	3	(1)
Opinion Days and Communicating Decisions	4	(2)
Inside the Court: Opinion Writing During the 2001--2002 Term	4	(1)
Inside the Court: Voting Alignments in the Rehnquist Court, 1986--2000 Terms	5	(1)
Presidential Power, the Rule of Law, and Foreign Affairs	6	(3)
War-Making and Emergency Powers	6	(3)
Constitutional History: Terrorists, ``Enemy Combatants,'' and Military Tribunals	6	(2)
The Development of Law: The USA PATRIOT Act of 2001	8	(1)
Congress: Membership, Immunities, and Investigatory Powers	9	(1)
Membership and Immunities	9	(1)
[Utah V. Evans]	9	(1)
The States and American Federalism	10	(3)
The Tenth and Eleventh Amendments and the States	10	(3)
[Pierce Country V. Guillen]	10	(1)
The Development of Law: Other Rulings on the Eleventh Amendment	11	(2)
Representative Government, Voting Rights, and Electoral Politics	13	(6)
Campaigns and Elections	13	(6)
Republican Party of Minnesota V. White	13	(6)
Economic Rights and American Capitalism	19	(10)
The ``Takings Clause'' and Just Compensation	19	(10)
Tahoe-Sierra Preservation Council, Inc. V. Tahoe Regional Planning Agency	19	(10)
Economic Rights and American Capitalism	29	(1)
The ``Takings Clause'' and Just Compensation	29	(1)
Tahoe-Sierra Preservation Council, Inc. V. Tahoe Regional Planning Agency (reprise)	29	(1)
The Nationalization of the Bill of Rights	30	(2)
The Rise and Retreat of the ``Due Process Revolution''	30	(2)
[Connecticut Department of Public Safety V. Doe]	30	(1)
The Development of Law: Rulings on Substantive and Procedural Due Process	31	(1)
Freedom of Expression and Association	32	(29)
Watchtower Bible & Tract Society of New York, Inc. V. Village of Stratton	32	(5)
Obscenity, Pornography, and Offensive Speech	37	(11)
City of Los Angeles V. Alameda Books, Inc.	38	(5)
Ashcroft V. Free Speech Coalition	43	(5)
Commercial Speech	48	(5)
Thompson V. Western States Medical Center	49	(4)
Regulating the Broadcast and Cable Media, and the Internet	53	(7)
Ashcroft V. American Civil Liberties Union	53	(7)
Symbolic Speech and Speech-Plus-Conduct	60	(1)
[Thomas V. Chicago Park District]	60	(1)
[Virginia V. Black]	60	(1)
Freedom from and of Religion	61	(12)
The (DIS) Establishment of Religion	61	(12)
Zelman V. Simmons-Harris	61	(12)
The Fourth Amendment Guarantee Against Unreasonable Search and Seizures	73	(7)
Exception to the Warrant Requirement	73	(2)
[United States V. Drayton]	73	(2)
The Special Problems of Automobiles in a Mobile Society	75	(1)
The Development of Law: Automobiles and Border Patrol Searches	75	(1)
Other Governmental Searches in the Administrative State	75	(5)
Board of Education of Independent School District No. 92 of Pottawatomie City V. Earls	75	(5)
The Fifth Amendment Guarantee Against Self-Accusation	80	(7)
Grants of Immunity	80	(7)
McKune V. Lile	80	(7)
The Rights to Counsel and Other Procedural Guarantees	87	(2)
The Right to Counsel	87	(1)
[Alabama V. Shelton]	87	(1)
Plea Bargaining and the Right to Effective Counsel	88	(1)
The Development of Law: Rulings on Plea Bargaining and Effective Counsel	88	(1)
Cruel and Unusual Punishment	89	(9)
Noncapital Punishment	89	(1)
[Ewing V. California and Lockyer V. Andrade]	89	(1)
Capital Punishment	90	(8)
Atkins V. Virginia	90	(6)
The Development of Law: Post-Furman Rulings on Capital Punishment	96	(2)
The Equal Protection of the Laws	98	(1)
Racial Discrimination and State Action	98	(1)
[City of Cuyahoga Falls V. Buckeye Community Hope Foundation]	98	(1)
Index of Cases	99