Supreme Court Watch 2009 Highlights of the 2007 and 2008 Terms and Preview of the 2009 Term

by O'Brien, David M.

• ISBN13: 9780393935165
• ISBN10: 0393935167
• Format: Paperback
• Copyright: 2009-09-22
• Publisher: W. W. Norton & Company

Summary

Also included are excerpts from the justices' objections and dissents on the Court's most influential cases of the recent term. The Watch is an ideal supplement to the author's two-volume casebook, Constitutional Law and Politics , and serves as an excellent companion to other books and for courses on law, legal studies, and the judiciary. For additional information on the Court and its decisions, be sure to visit the Supreme Court Web Watch at wwnorton.com/scww.

Table of Contents

Preface	p. ix
Law and Politics in the Supreme Court: Jurisdiction and Decision-Making Process	p. 1
The Court's Docket and Screening Cases	p. 4
Inside the court: The Business of the Supreme Court in the 2008-2009 Term	p. 4
Opinion Days and Communicating Decisions	p. 5
Inside the court: Opinion Writing during the 2008-2009 Term	p. 5
The Impact of Supreme Court Decisions: Compliance and Implementation	p. 6
Presidential Power, the Rule of Law, and Foreign Affairs	p. 7
The Treaty-Making Power and Executive Independence	p. 7
War-Making and Emergency Powers	p. 19
The Development of Law: The Treatment of ôEnemy Combatantsö	p. 20
In comparative perspective: The Supreme Court of Canada's 2008 Ruling on the Rights of Detainees	p. 39
The Development of Law: Electronic Surveillance and the Foreign Intelligence Surveillance Court	p. 40
The President as Chief Executive in Domestic Affairs	p. 41
Free Enterprise Fund v. Public Company Accounting Oversight Board	p. 41
Accountability and Immunities	p. 42
The States and American Federalism	p. 43
States' Power over Commerce and Regulation	p. 43
The Development of Law: Other Rulings on State Regulatory Powers in Alleged Conflict with Federal Legislation	p. 43
The Development of Law: Other Rulings on State Regulation of Commerce in the Absence of Federal Legislation	p. 45
Representative Government, Voting Rights, and Electoral Politics	p. 46
Representative Government and the Franchise	p. 46
The Development of Law: Other Rulings Interpreting the Voting Rights Act	p. 46
Voting Rights and the Reapportionment Revolution	p. 47
The Development of Law: Other Post-Shaw v. Reno Rulings on Racial Gerrymandering	p. 48
Campaigns and Elections	p. 48
Ysursa v. Pocatello Educational Association	p. 49
Davis v. Federal Election Commission	p. 49
Citizens United v. Federal Election Commission	p. 50
Crawford v. Marion County Election Board	p. 50
The Development of Law: Other Rulings on Campaigns and Elections	p. 59
Economic Rights and American Capitalism	p. 61
The ôTakings Clauseö and Just Compensation	p. 61
Stop the Beach Renourishment v. Florida	p. 61
The Nationalization of the Bill of Rights	p. 65
The Rise and Retreat of the ôDue Process Revolutionö	p. 65
The Development of Law: Other Recent Rulings on Substantive and Procedural Due Process	p. 65
The Development of Law: The Supreme Court Rules on the Second Amendment Right to Keep and Bear Arms	p. 67
Freedom of Expression and Association	p. 69
Judicial Approaches to the First Amendment	p. 69
United States v. Stevens	p. 70
Pleasant Grove City v. Summum	p. 70
Obscenity, Pornography, and Offensive Speech	p. 76
United States v. Williams	p. 76
Regulating the broadcast and cable media, and the Internet	p. 76
Federal Communications Commission v. Fox Television Stations	p. 77
United States v. Williams	p. 78
Symbolic Speech and Speech-Plus-Conduct	p. 84
The Development of Law: Places That Have Been Held Not to Be Public Forums	p. 84
Freedom from and of Religion	p. 85
The (Dis) Establishment of Religion	p. 85
The Fourth Amendment Guarantee against Unreasonable Searches and Seizures	p. 87
Exceptions to the Fourth Amendment Warrant Requirement	p. 87
The Special Problems of Automobiles in a Mobile Society	p. 88
Other Governmental Searches in the Administrative State	p. 99
Sajjord Unified School District No. 1 v. Redding	p. 99
The Exclusionary Rule	p. 103
Herring v. United States	p. 104
The Fifth Amendment Guarantee against Self-Accusation	p. 112
Coerced Confessions and Police Interrogations	p. 112
Corky v. United States	p. 112
The Right to Counsel and Other Procedural Guarantees	p. 114
The Right to Counsel	p. 114
Plea Bargaining and the Right to Effective Counsel	p. 116
The Development of Law: Rulings on Plea Bargaining and Effective Counsel	p. 116
The Right to an Impartial Jury Trial	p. 117
Kimbrough v. United States	p. 111
Gall v. United States	p. 117
A Speedy and Public Trial	p. 118
The Right to Be Informed of Charges and to Confront Accusers	p. 119
Cruel and Unusual Punishment	p. 120
Noncapital Punishment	p. 120
Capital Punishment	p. 121
The Equal Protection of the Laws	p. 144
Engquist v. Oregon Department of Agriculture	p. 144
Affirmative Action and Reverse Discrimination	p. 145
Nonracial Classifications and the Equal Protection of the Law	p. 146
(4) Alienage and Age	p. 146
The Development of Law: Recent Rulings on Age Discrimination	p. 146
Index of Cases	p. 147
Table of Contents provided by Ingram. All Rights Reserved.