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American Constitutional Development , Volume 2

American Constitutional Development , Volume 2 - 03 edition

ISBN13: 978-0801320217

Cover of American Constitutional Development , Volume 2 03 (ISBN 978-0801320217)
ISBN13: 978-0801320217
ISBN10: 0801320216
Cover type:
Edition/Copyright: 03
Publisher: Longman, Inc.
Published: 2003
International: No

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American Constitutional Development , Volume 2 - 03 edition

ISBN13: 978-0801320217

Richard Randall

ISBN13: 978-0801320217
ISBN10: 0801320216
Cover type:
Edition/Copyright: 03
Publisher: Longman, Inc.

Published: 2003
International: No
Summary

Combining cases and text, Randall's text examines how individual rights have been doctrinally shaped by the Supreme Court through interpretation of constitutional and statutory law.

This book analyzes how America's ideological commitment to rights is transformed by the Supreme Court into law and legal doctrine and then into enforceable rules in specific cases. It presents a two part analytical framework. First, the Court's civil liberties decisions are seen as resolving conflicts between rights and other ends, including national security, public order and safety, public welfare and morality and, at times, other liberties. Second, the analytical framework considers the distributive consequences of the Court's decisions. Decisions of the Court distribute values--gains and losses--in the same way as other actions of government. The text and accompanying cases reflect this analysis while also addressing doctrinal issues.

Features

  • In addition to doctrinal development, the book places unique emphasis on the political, economic, social and developmental aspects of the Supreme Court's civil liberties decisions.
  • Three areas of civil liberties are given unique emphasis: the media, privacy and public morality, and immigration and citizenship. Because these areas are likely to get more attention from the Supreme Court in the future, Randall provides more coverage of them than other casebooks.
  • An abundance of cases, more than 100 in all. Editing has cut down on repetitive or redundant passages where possible, to give each case a tighter, more readable and, in some instances, shorter excerpt.
  • Case questions are posed before each of the 100 cases to guide and stimulate student reading of the excerpt. These deal with doctrinal points, distributive elements of the decision, and political import.
  • Engaging, illustrative "Sidebars" offer concise, self-contained essays related to important topics in each chapter. They include biographical sketches, important historic cases, questions of interpretation, and political struggles over rights and liberties.
  • The abundance of reference material in this volume sets a new standard for a constitutional law casebook. There are suggested additional readings in each chapter, illustrative material such as tables, charts and maps throughout the book, an extensive analytic supplementary bibliography, and several appendices (see Contents to view additional resources in the Appendices).

Table of Contents

Preface.
The Constitution (document).
A Society of Liberties, Rights and Other Values.

I. COMMUNICATION AND BELIEF.

1. Religion: Freedom for, Freedom From.
2. Speech and Association.
3. The Media.

II. SOCIAL CONTROL.

4. Crime and Punishment.
5. Privacy and Public Morality.

III. EQUALITY AND INEQUALITY.

6. Race: The American Dilemma.
7. Immigration and Citizenship.
8. Gender, Age, and Class.
9. Participation and Representation.

Appendix A. Reading a Supreme Court Descision.
Appendix B. Law in the Library and on the Internet.
Appendix C. Justices of the Supreme Court.
Appendix D. The Historic Supreme Courts.
Glossary.
General and Supplemental Bibliography.
Index of Cases.
Index of Subjects.

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