Civil liberties and the Constitution : cases and commentaries

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(cover) Frontmatter PREFACE PART I: A FRAMEWORK FOR ANALYSIS CHAPTER 1: LAW AND COURTS IN POLITICAL-SOCIAL CONTEXT Congress, the President, and Administrative Officials Interest Groups and the Dynamics of Civil Liberties More on the Court: Inside the Marble Palace The Rules of the Game and American Political Values Selected References CHAPTER 2: CIVIL LIBERTIES IN THE CONTEXT OF FEDERALISM The Supreme Court, the Bill of Rights, and the Fourteenth Amendment State Constitutions State Judicial Selection Conclusion Selected References PART II: FREEDOM OF EXPRESSION, ASSEMBLY, AND ASSOCIATION CHAPTER 3: FREEDOM OF EXPRESSION Development of the Constitutional Law of Speech Core principles, Subversive Advocacy, and Clear and Present Danger Schenck v. United States (1919) Abrams v. United States (1919) Gitlow v. New York (1925) Whitney v. California (1927) Dennis v. United States (1951) Brandenburg v. Ohio (1969) Public Peace and Order Feiner v. New York (1951) Edwards et al. v. South Carolina (1963) Time, Place, and Manner Restrictions Frisby v. Schultz (1988) Overview of Current Doctrine Symbolic Speech, Hate Speech, and Conduct That Communicates United States v. O'Brien (1968) Texas v. Johnson (1989) R.A.V. v. St. Paul, Minnesota (1992) Selected References CHAPTER 4: FREEDOM OF EXPRESSION IN SPECIAL CONTEXTS Obscenity; Sexually Explicit Expression; the Offensive, Indecent, Lewd, and Profane Cohen v. California (1971) Obscenity Miller v. California (1973) Paris Adult Theatre I v. Slaton (1973) Regulating Indecent Speech Federal Communications Commission v. Pacifica Foundation et al. (1978) Movies and Censorship Nude Dancing Barnes v. Glen Theatre, Inc. (1991) Internet Reno v. American Civil Liberties Union (1997) Commercial Speech and Corporate Speech Money as Speech Student Rights and Free Expression Tinker v. Des Moines Independent Community School District (1969) Morse, et al., v. Joseph Frederick (2007) Selected References CHAPTER 5: FREEDOM OF THE PRESS AND ASSOCIATION Prior Restraint New York Times v. United States [The Pentagon Papers Case] (1971) The Various Media Is the Press Special? Freedom of the Press and the Judicial Process Confidentiality of News Sources The Press and Damage to Reputation New York Times v. Sullivan (1964) Freedom of Association National Association for the Advancement of Colored People v. Alabama (1958) Selected References PART III: FREEDOM OF RELIGION CHAPTER 6: THE ESTABLISHMENT CLAUSE History and Context Current Judicial Approaches Religious Schools and Public Money: Parochiaid Everson v. Board of Education (1947) The Lemon Test and More Parochiaid Parochiaid and Higher Education Prayer and Religion in Public Schools Engel et al. v. Vitale et al. (1962) School District of Abington Township, Pennsylvania v. Schempp (1963) Board of Education of Westside Community Lee v. Weisman (1992) Santa Fe Independent School District v. Doe (2000) Government-Sponsored Religious Symbols, Traditions, and Tax Exemptions Lynch v. Donnelly (1984) Selected References CHAPTER 7: THE FREE EXERCISE OF RELIGION Early Free Exercise Jurisprudence The State, Religious Beliefs and Practices, and the Free Exercise Clause Sherbert v. Verner (1963) Wisconsin v. Yoder (1972) Department of Human Resources of Oregon v. Smith (1990) Religious Liberty and Compulsory Military Service Welsh v. United States (1970) Selected References PART IV: THE RIGHT OF THE ACCUSED AND THE CRIMINAL JUSTICE SYSTEM CHAPTER 8: THE EXCLUSIONARY RULE AND OTHER FOURTH AMENDMENT CONTROVERSIES Fourth Amendment Problems: The Exclusionary Rule Controversy Mapp v. Ohio (1961) The Fourth Amendment in Retreat? Expanding Warrantless Searches City of Indianapolis v. Edmond (2000) Virginia v. Moore (2008) District Attorney's Office for the Third Judicial District, et al. v. Arizona v. Gant (2009) Selected References CHAPTER 9: PROTECTION AGAINST COMPULSORY SELF-INCRIMINATION AND THE RIGHT TO COUNSEL Assistance of Counsel Gideon v. Wainwright (1963) Strickland v. Washington (1984) From Coerced Confessions to Miranda Warnings Miranda v. Arizona (1966) Developing Miranda Jurisprudence in the Warren, Burger, Rehnquist, and Roberts Courts New York v. Quarles (1984) Illinois v. Perkins (1990) Vermont v. Brillon (2009) Selected References CHAPTER 10: OTHER CONSTITUTIONAL GUARANTEES IN THE CRIMINAL PROCESS: TRIALS, SENTENCING, AND INCARCERATION Trials, Jury Selection, and Sentencing Problems Batson v. Kentucky (1986) Snyder v. Louisiana (2008) The Death Penalty Controversy Gregg v. Georgia (1976) McCleskey v. Kemp (1987) Payne v. Tennessee (1991) Cruel and Unusual Punishment Bail and Preventive Detention Confrontation and Cross-Examination Prisoners' Rights Hudson v. McMillian (1992) Juvenile Rights In Re Gault (1967) Selected References PART V: PROTECTING AGAINST BIAS: SEGREGATION AND DISCRIMINATION CHAPTER 11: THE DEVELOPMENT AND LEGAL DEMISE OF RACIAL SEGREGATION Slavery in the Shadow of the Constitution The Troubled Legacy of Slavery Constitutionalization of Racial Segregation Plessy v. Ferguson (1896) Public Accommodation and Housing: The Color Line Strategies for Political Exclusion Separate and Unequal: Public Education From Plessy to Brown Brown v. Board of Education (I) (1954) Brown v. Board of Education (II) (1955) Selected References CHAPTER 12: THE ROCKY ROAD OF SCHOOL DESEGREGATION The Journey From Brown I: Issues of Resistance and Implementation It's Not The Bus; It's Us: Desegregation Moves North From Affirmative Duty to Good Faith Standard Board of Education of Oklahoma City Public Schools v. Dowell (1991) Parents Involved in Community Schools v. Seattle School District No. 1 et al. (2007) Desegregation Issues in Higher Education Selected References CHAPTER 13: THE CONTINUING SIGNIFICANCE OF RACE: THE PREVALENCE OF BIASES AND THE AFFIRMATIVE ACTION CONTROVERSY Brown: The Catalyst for Racial Change in the Workplace Some Judicial Standards and Equal Protection Review Eliminating Job Bias Griggs v. Duke Power Co. (1971) Affirmative Action and the Inclusion of the Excluded Regents of the University of California v. Bakke (1978) Grutter v. Bollinger (2003) Ricci et al. v. Destefano et al. (2009) But Not Next Door: The Controversy Over Racially Segregated Housing Commentary Selected References CHAPTER 14: THE CONTINUING SIGNIFICANCE OF RACE: VOTING AND REPRESENTATION Negating Black Political Participation: State Defiance of the Fifteenth Amendment Gomillion v. Lightfoot (1960) From the Streets to the Congress: Renewing the Fifteenth Amendment's Commitment South Carolina v. Katzenbach (1966) Reapportionment and Related Problems Baker v. Carr (1962) Shaw v. Reno (1993) Presidential Election Northwest Austin Municipal Utility Dist. No. 1. v. Holder (2009) Selected References CHAPTER 15: NATIVE AMERICANS-RACE AND CULTURE: PROMISES MADE, PROMISES BROKEN Doctrines of Discovery and Conquest Johnson v. McIntosh (1823) Seven Periods of Broken Promises: The Historical Background for the Twenty-First Century The Rights of Native Americans and Treaties: The Civil Rights of Groups (Nations) Federal Power To Recognize and Terminate Indian Country Status City of Sherrill v. Oneida Indian Nation of New York (2005) Carcieri v. Salazar (2009) Criminal Jurisdiction: Issues of Culture and Power American Indians' Self-Government and the Constitution American Indians and Civil Rights: The Struggle for Cultural Recognition American Indians' Culture as a Civil Right Selected References PART VI: GENDER-BASED DISCRIMINATION, PRIVACY, POVERTY, AND AGE DISABILITY CHAPTER 16: EQUAL RIGHTS FOR WOMEN AND GENDER-BASED DISCRIMINATION Sex Discrimination and the Evolution of Judicial Policies Bradwell v. Illinois (1872) Frontiero v. Richardson (1973) Rostker v. Goldberg (1981) United States v. Virginia (1996) Constitutional Politics: The Saga of the ERA Selected References CHAPTER 17: PRIVACY AND INDIVIDUAL RIGHTS IN VARIED CONTEXTS Beyond the Fourth Amendment: Privacy as a Constitutional Right and the Abortion Controversy Griswold v. Connecticut (1965) Roe v. Wade (1973) Privacy in Varied Contexts: Sexual Orientation, Sexual Harassment, The Right to Die, and So on Privacy and Congressional Legislation The Issue of Privacy: A Conceptual Framework Oncale v. Sundowner Offshore Services, Inc. (1998) Lawrence et al. v. Texas (2003) Washington v. Glucksberg (1997) Selected References CHAPTER 18: THE POOR IN COURT: EXPANDING AND CONTRACTING RIGHTS Structural Obstacles Facing the Poor Welfare Benefits Shapiro v. Thompson (1969) Rita L. Saenz, Director, California Department of Social Services, et al., Poverty, Public Schools, and the Property Tax San Antonio Independent School District v. Rodriguez (1973) The Poor and Housing Access to the Courts Lawyers, Legal Services, and Rights of the Poor The Modern Era: Limitations on Achieving Economic Justice Through the Courts and the Law The Future of Poverty: Capacity and Limits of the Courts and the Law Selected References CHAPTER 19: AGE, AND DISABILITY DISCRIMINATION Age and the Workplace: The Development of the Law Gross v. FBL Financial Services, Inc. (2009) Bona Fide Occupational Qualifications Proof of Violations O'Connor v. Consolidated Coin Caterers Corp. (1996) Disability in the Workplace Selected References APPENDIX I: CONSTITUTION OF THE UNITED STATES APPENDIX II: GLOSSARY OF TERMS AND KEY CONCEPTS APPENDIX III: MEMBERS OF THE SUPREME COURT OF THE UNITED STATES TABLE OF CASES