Supreme Court Watch 2005: Highlights of the 2001-2003 Terms, Preview of the 2004 Term

by O'Brien, David M.

• ISBN13: 9780393928181
• ISBN10: 0393928187
• Format: Paperback
• Copyright: 2005-09-01
• Publisher: W W Norton & Co Inc

Table of Contents

Preface	vii
Volume One
Law and Politics in the Supreme Court: Jurisdiction and Decision-Making Process	1	(8)
Jurisdiction And Justiciable Controversies	6	(1)
The Development Of Law: Class Action Suits	6	(1)
The Court's Docket And Screening Cases	7	(1)
Inside The Court: The Business of the Supreme Court in the 2004-2005 Term	7	(1)
Opinion Days And Communicating Decisions	8	(1)
Inside The Court: Opinion Writing during the 2004-2005 Term	8	(1)
Presidential Power, the Rule of Law, and Foreign Affairs	9	(3)
War-Making And Emergency Powers	9	(3)
[Rumsfeld v. Forum for Academic and Institutional Rights]	9	(1)
In Comparative Perspective: The House of Lords Rules Against the Indefinite Detention of Terrorists	10	(2)
Congress: Legislative, Taxing, and Spending Powers	12	(13)
From The New Deal Crisis To The Administrative State	12	(13)
[Gonzales v. Oregon]	12	(1)
Gonzales v. Raich	13	(12)
The States and American Federalism	25	(3)
States' Power Over Commerce And Regulation	25	(3)
The Development Of Law: Other Rulings on State Regulatory Powers in Alleged Conflict with Federal Legislation	25	(1)
The Development Of Law: Other Rulings on State Regulation of Commerce in the Absence of Federal Legislation	26	(2)
Representative Government, Voting Rights, and Electoral Politics	28	(1)
Campaigns And Elections	28	(1)
The Development Of Law: Other Rulings on Campaigns and Elections	28	(1)
Economic Rights and American Capitalism	29	(14)
The ``Takings Clause'' and Just Compensation	29	(14)
Kelo v. City of New London, Connecticut	30	(9)
The Development Of Law: Other Important Rulings on the Takings Clause	39	(4)
Volume Two
The Nationalization of the Bill of Rights	43	(2)
The Rise And (Partial) Retreat Of The ``Due Process Revolution''	43	(2)
The Development Of Law: Other Recent Rulings on Substantive and Procedural Due Process	44	(1)
Freedom of Expression and Association	45	(2)
[Rumsfeld v. Forum for Academic and Institutional Rights] (reprise)	45	(1)
Commercial Speech	45	(2)
The Development Of Law: Other Recent Rulings on Commercial Speech and the First Amendment	45	(2)
Freedom from and of Religion	47	(26)
The (DIS)establishment Clause	47	(25)
Cutter v. Wilkinson	48	(3)
Van Orden v. Perry	51	(11)
McCreary v. American Civil Liberties Union of Kentucky	62	(10)
Free Exercise Of Religion	72	(1)
[Gonzales v. O Centro Espirita Beneficiente Unaio do Vegetal]	72	(1)
The Fourth Amendment Guarantee Against Unreasonable Searches and Seizures	73	(1)
Requirements For A Warrant And Reasonable Searches And Seizures	73	(1)
[Muehler v. Mena]	73	(1)
[Georgia v. Randolph]	73	(1)
Exceptions To The Warrant Requirement	74	(1)
Illinois v. Caballes	74	(4)
The Exclusionary Rule	78	(1)
[Hudson v. Michigan]	78