Rent 9780321436047 | Civil Rights and Liberties in the 21st Century

Summary Table of Contents

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 crit... MORE

Preface	p. xiii
Introduction: Rights and Liberties and the Supreme Court	p. 1
Civil Rights and Liberties: Building a Consensus	p. 1
Constitutional Foundations of Civil Rights and Liberties	p. 2
Constitutional Questions	p. 3
Purpose of This Book	p. 4
A Cultural Tribunal? The Supreme Court's Role in Diverse Society	p. 5
The Power and Operation of the Supreme C... MOREourt	p. 10
Judicial Review	p. 10
An Independent Judiciary	p. 12
The Application of Judicial Review: Judicial Activism and Judicial Restraint	p. 14
Operation of the Supreme Court: How the Court Decides a Case	p. 16
Setting the Court's Agenda	p. 16
Requirements for Judicial Review	p. 17
Jurisdiction	p. 17
Rules of Access	p. 18
Granting Certiorari: The Decision to Hear an Appeal	p. 19
Oral Argument	p. 21
Conference and Vote	p. 22
The Opinion	p. 22
The Importance of the Court's Opinions	p. 23
Compliance and Implementation of the Court's Decisions	p. 24
Organization of This Book	p. 24
Finding the Full Text of The U.S. Supreme Court Opinions on the World Wide Web	p. 25
Freedom of Expression	p. 29
Subversive Political Speech: The Evolution of the Clear and Present Danger Doctrine	p. 30
The Rise and Fall of the Clear and Present Danger Test	p. 30
The Red Scare	p. 35
Guilt by Association	p. 40
Retreat from the Clear and Present Danger Test	p. 43
Inflammatory Words	p. 44
Economic Boycotts as Speech	p. 46
Symbolic and Offensive Speech	p. 48
Compulsory Flag Salute	p. 48
Conduct as Speech: Of Armbands, Draft Cards, and Flag Burning	p. 55
Offensive and Racist Speech	p. 66
Vulgar Language	p. 67
Hate Speech	p. 69
Regulating Hate Speech	p. 72
Competing Rights: Abortion Clinic Protests	p. 81
Concluding Comments	p. 87
Freedom of Religion and Freedom from Religion	p. 90
Free Exercise of Religion	p. 91
Balancing Religious Liberty with the Needs of Society	p. 91
Religious Exemptions to the Law	p. 91
A Narrowing Interpretation of the Free Exercise Clause	p. 102
Unorthodox Practices: The Use of Illegal Drugs and Animal Sacrifice as an Expression of Religious Belief	p. 105
Animal Sacrifice as Religious Conduct	p. 108
Hallucinogenic Tea in Religious Ritual	p. 110
The Establishment Clause and State-Sponsored Religion	p. 113
Separation of Church and State	p. 113
School Prayer	p. 115
Bible Reading	p. 119
Prayer at Football Games	p. 122
Financial Support of Religion	p. 125
Moment of Silence	p. 131
Teaching Creation Science versus Evolution	p. 134
Displays of Religious Symbols on Public Property	p. 143
Concluding Comments	p. 154
Due Process Rights and Criminal Justice	p. 159
Due Process and Incorporation	p. 159
Searches and Seizures	p. 165
The Exclusionary Rule	p. 165
Exceptions to the Warrant Requirement	p. 172
The Confusing World of Automobile Searches	p. 173
Searches of Mass Transportation	p. 178
The "Seizure" Question Revisited	p. 181
Clarifying Terry	p. 183
Media Ride-Alongs	p. 184
Electronic Eavesdropping	p. 186
Aerial Searches and Thermal Imaging	p. 191
The Right to Counsel	p. 197
Police Interrogations and the Fifth Amendment	p. 201
Miranda Revisited	p. 208
Cruel and Unusual Punishment	p. 211
Capital Punishment	p. 212
Victim Impact Statements	p. 221
Challenging the Method of Execution: Lethal Injection	p. 223
Concluding Comments	p. 226
Privacy: "The Right to Be Let Alone" or "The Right to Choose"?	p. 231
The Fourth Amendment and the Right to Privacy	p. 232
Drug Testing	p. 235
Privacy as Autonomy and Reproductive Freedom	p. 240
Elevation of Privacy to a Constitutional Right	p. 241
Abortion	p. 246
Roe v. Wade	p. 247
Post-Roe v. Wade	p. 250
"Partial Birth" Abortion	p. 265
Privacy and Sexual Orientation	p. 270
The Right to Die	p. 276
Physician-Assisted Suicide	p. 280
Concluding Comments	p. 283
Equal Protection of the Laws	p. 288
Racial Discrimination	p. 288
Separate but Equal	p. 288
Brown v. Board of Education	p. 292
Implementing Brown	p. 297
Desegregating Other Public Facilities	p. 302
Private Facilities	p. 303
Affirmative Action, Culture, and the Court	p. 306
A Return to Race-Based College and Public School Admissions Decisions	p. 316
Sex Discrimination	p. 327
Single-Sex Colleges: The VMI Case	p. 334
Sexual Harassment	p. 338
Discrimination on the Basis of Sexual Orientation: An Equal Protection Question?	p. 346
Concluding Comments	p. 353
Trends on the Supreme Court	p. 358
Revolution and Counterrevolution	p. 358
Freedom of Expression: New Standards of Review	p. 361
Church-State Issues	p. 362
Free Exercise of Religion	p. 362
Establishment of Religion	p. 363
Due Process	p. 364
Privacy: Transformation from a Constitutional Right to a Liberty Interest	p. 366
Abortion Rights	p. 367
Equal Protection: Respect for Precedent	p. 369
The Legacy of the Rehnquist Court	p. 370
The Supreme Court's Role In Our Diverse Culture: Some Final Thoughts	p. 374
Selected Further Readings	p. 378
Index of Cases	p. 381
Index	p. 385
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