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Constitutional Law for a Changing America : Rights, Liberties, and Justice

Constitutional Law for a Changing America : Rights, Liberties, and Justice - 5th edition

ISBN13: 978-1568029924

Cover of Constitutional Law for a Changing America : Rights, Liberties, and Justice 5TH 04 (ISBN 978-1568029924)
ISBN13: 978-1568029924
ISBN10: 1568029926
Cover type: Paperback
Edition/Copyright: 5TH 04
Publisher: Congressional Quarterly
Published: 2004
International: No

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Constitutional Law for a Changing America : Rights, Liberties, and Justice - 5TH 04 edition

ISBN13: 978-1568029924

Lee Epstein and Thomas G. Walker

ISBN13: 978-1568029924
ISBN10: 1568029926
Cover type: Paperback
Edition/Copyright: 5TH 04
Publisher: Congressional Quarterly

Published: 2004
International: No
Summary

Congratulations to Lee Epstein and Thomas G. Walker, winners of APSA'S 2003 Law & Courts Teaching and Mentoring Award

So much more than a traditional casebook, this innovative text gets students to realize--quite powerfully--that Supreme Court cases are more than just legal names and citations. The landmark cases analyzed and excerpted in this highly successful two-volume set involve real people embroiled in real disputes whose cases have real political consequences. Blending the best of legal and political science approaches to constitutional law, Epstein and Walker explain the political factors that influence judicial decisions. Their emphasis on political context--arguments and input from lawyers and interest groups, justices' ideological and behavioral inclinations, elected officials' partisan positions, as well as public opinion--allows students to see the development of constitutional doctrine within a decidedly political environment.

Examining the Supreme Court's interpretation of the basic liberties guaranteed by the Bill of Rights and subsequent amendments to the Constitution, the authors cover such important topics as freedom of speech, the right to bear arms, discrimination, and political participation. Bringing the fifth edition fully up to date, this comprehensive volume assesses recent rulings on affirmative action, privacy, and regulation of the Internet, as well as tackles the impact of war and terrorism on the government's authority to restrict civil rights.

Authored commentary, wrapped around the cases, helps students understand a particular case, as well as place it within the larger picture of an evolving and dynamic body of law. To help students see alternative points of view, the authors have included excerpts of important concurring and dissenting opinions for virtually all cases in the book. Curious students will appreciate both the Aftermath boxes which describe what happened to litigants after a ruling, and the Global Perspective boxes which compare U.S. case law to similar rulings and tenets in foreign judicial systems. Epstein and Walker also include profiles of influential groups and justices, photographs of litigants, exhibits from cases, and lively descriptions of the events that led to the suits. Website addresses are included throughout, giving students easy access to the full text of opinions as well as to an audio recording of oral arguments when available.

The electronic case archive you've been waiting for... Point and click to over 200 excerpted cases on clca.cqpress.com. It's free with Constitutional Law for a Changing America.

So useful and comprehensive, you are not going to believe it's FREE. With the publication of the fifth edition of the Rights, Liberties, and Justice volume, CQ Press is launching an electronic archive of more than 200 cases mentioned or referenced in the text's commentary. What's more, Epstein and Walker have excerpted these supporting cases so you can count on consistency from case to case and be confident that each decision has been edited with great sensitivity. Following the same format as those appearing in the printed text, archived cases will present the justices' votes, a summary of case facts, and a carefully edited version of the justices' opinions. By assigning cases in the archive, instructors can substitute or supplement the decisions that appear in the book without the hassle of editing or requiring students to read the full version of the Court's opinions. Offering maximum flexibility, instructors can now assign a favorite case, or send students to a quality resource for paper assignments and further study.

Author Bio

Epstein, Lee : Washington University

Lee Epstein is the Edward Mallinckrodt Distinguished University Professor of Political Science and Professor of Law at Washington University. She received a Ph.D. from Emory University. She is the author, coauthor, or editor of twelve books, including Constitutional Law for a Changing America (2001); The Choices Justices Make (1998), which won the C. Herman Pritchett Award for the best book on law and courts; Contemplating Courts (1995); and The Supreme Court and Legal Change: Abortion and the Death Penalty (1992).


Walker, Thomas G. : Emory University

Thomas G. Walker is professor and chair of the Political Science Department at Emory University. He received a Ph.D. from the University of Kentucky. He is the author or coauthor of ten books, including Constitutional Law for a Changing America (2001) and A Court Divided (1988), which received the V.O. Key Award for the best book on southern politics.

Table of Contents

All chapters contain readings at the end.

Part I. THE SUPREME COURT AND THE CONSTITUTION
The Living Constitution
The Road to the Bill of Rights
The Amendment Process
The Supreme Court and the Amendment Process


Understanding the U.S. Supreme Court
Processing Supreme Court Cases
Supreme Court Decision Making: The Role of Law
Supreme Court Decision Making: The Role of Politics
Conducting Research on the Supreme Court


The Judiciary: Institutional Powers and Constraints
Judicial Review
Marbury v. Madison (1803)
Constraints on Judicial Power
Ex parte McCardle (1869)


Incorporation of the Bill of Rights
Must States Abide by the Bill of Rights? Initial Responses
Barron v. Baltimore (1833)
Incorporation through the Fourteenth Amendment: Early Interpretations
Hurtado v. California (1884)
A Standard Emerges
Palko v. Connecticut (1937)
Incorporation in the Aftermath of Palko
Duncan v. Louisiana (1968)

PART II. CIVIL LIBERTIES
Approaching Civil Liberties


Religion: Exercise and Establishment
Defining Religion
Free Exercise of Religion
Cantwell v. Connecticut (1940)
Sherbert v. Verner (1963)
Wisconsin v. Yoder (1972)
Employment Division, Department of Human Resources of Oregon v. Smith (1990)
City of Boerne v. Flores (1997)
Religious Establishment
Everson v. Board of Education (1947)
Lemon v. Kurtzman; Earley v. DiCenso (1971)
Agostini v. Felton(1997)
Zellman v. Simmons-Harris (2002)
Edwards v. Aguillard (1987)
School District of Abington Township v. Schempp (1963)
Lee v. Weisman (1992)


Freedom of Speech, Assembly, and Association
The Development of Legal Standards: The Emergence of Law in Times of Crisis
Schenck v. United States (1919)
Abrams v. United States (1919)
Gitlow v. New York (1925)
Dennis v. United States (1951)
Brandenburg v. Ohio (1969)
Regulating Expression: Content and Contexts
United States v. O'Brien (1968)
Tinker v. Des Moines (1969)
Texas v. Johnson (1989)
Chaplinsky v. New Hampshire (1942)
Cohen v. California (1971)
Hill v. Colorado (2000)
R. A. V. v. City of St. Paul, Minnesota (1992)
Wisconsin v. Mitchell (1993)
West Virginia Board of Education v. Barnette (1943)
Buckley v. Valeo (1976)
Bates v. State Bar of Arizona (1977)
Central Hudson Gas and Electric Corporation v. Public Service Commission of New York (1980)
Boy Scouts of America v. Dale (2000)


Freedom of the Press
Prior Restraint
Near v. Minnesota (1931)
New York Times v. United States (1971)
Hazelwood School District v. Kuhlmeier (1988)
Government Control of Press Content
Red Lion Broadcasting v. FCC (1969)
The Media and Special Rights
Branzburg v. Hayes (1972)


The Boundaries of Free Expression: Obscenity and Libel
Obscenity
Roth v. United States (1957)
Miller v. California (1973)
New York v. Ferber (1982)
Ashcroft v. Free Speech Coalition (2002)
Reno v. American Civil Liberties Union (1997)
Libel
New York Times v. Sullivan (1964)
Gertz v.Welch (1974)
Hustler Magazine v. Falwell (1988)


The Right to Keep and Bear Arms
The Supreme Court and the Second Amendment
United States v. Miller (1939)
The States and the Second Amendment
Rethinking the Second Amendment


The Right to Privacy
The Right to Privacy: Foundations
Griswold v. Connecticut (1965)
Reproductive Freedom and the Right to Privacy: Abortion
Roe v.Wade (1973)
Planned Parenthood of Southeastern Pennsylvania v. Casey (1992)
Private Activities and the Application of Griswold
Bowers v. Hardwick (1986)
Lawrence v. Texas (2003)
Cruzan v. Director, Missouri Department of Health (1990)

PART III. THE RIGHTS OF THE CRIMINALLY ACCUSED
The Criminal Justice System and Constitutional Rights
Overview of the Criminal Justice System
Trends in Court Decision Making


Investigations and Evidence
The Fourth Amendment: Historical Notes
The Supreme Court and the Fourth Amendment
Illinois v. Gates (1983)
Katz v. United States (1967)
Ferguson v. City of Charleston (2001)
Terry v. Ohio (1968)
Enforcing the Fourth Amendment: The Exclusionary Rule
Mapp v. Ohio (1961)
United States v. Leon (1984)
The Fifth Amendment and Self-Incrimination
Escobedo v. Illinois (1964)
Miranda v. Arizona (1966)
Dickerson v. United States (2000)


Attorneys, Trials, and Punishments
The Right to Counsel
Powell v. Alabama (1932)
Gideon v.Wainwright (1963)
The Pretrial Period and the Right to Bail
United States v. Salerno (1987)
The Sixth Amendment and Fair Trials
Batson v. Kentucky (1986)
Sheppard v. Maxwell (1966)
Richmond Newspapers v. Virginia (1980)
Trial Proceedings
Final Trial Stage: An Overview of Sentencing
The Eighth Amendment
Gregg v. Georgia (1976)
Atkins v. Virginia (2002)
Ewing v. California (2003)
Post-Trial Protections and the Double Jeopardy Clause
Post-Release Protections
Attorneys, Trials, and Punishments: (Re)Emerging Issues

PART IV. CIVIL RIGHTS
Civil Rights and the Constitution
The Fourteenth Amendment
The Fifteenth Amendment


Discrimination
Racial Discrimination
Plessy v. Ferguson (1896)
Sweatt v. Painter (1950)
Brown v. Board of Education (I) (1954)
Brown v. Board of Education (II) (1955)
Swann v. Charlotte-Mecklenburg Board of Education (1971)
Loving v. Virginia (1967)
Shelley v. Kraemer (1948)
Burton v. Wilmington Parking Authority (1961)
Moose Lodge No. 107 v. Irvis (1972)
Sex Discrimination
Reed v. Reed (1971)
Frontiero v. Richardson (1973)
Craig v. Boren (1976)
United States v. Virginia (1996)
Rostker v. Goldberg (1981)
Discrimination Based on Sexual Orientation
Romer v. Evans (1996)
Other Forms of Discrimination
San Antonio Independent School District v. Rodriguez (1973)
Saenz v. Roe (1999)
Remedying the Effects of Discrimination: Affirmative Action
Regents of the University of California v. Bakke (1978)
City of Richmond v. J. A. Croson Co. (1989)
Adarand Constructors, Inc. v. Peña (1995)
Grutter v. Bollinger (2003)
Contemporary Developments in Discrimination Law


Voting and Representation
The Supreme Court and Elections
Bush v. Gore (2000)
Voting Rights
Louisiana v. United States (1965)
South Carolina v. Katzenbach (1966)
California Democratic Party v. Jones (2000)
Political Representation
Baker v. Carr (1962)
Reynolds v. Sims (1964)
Miller v. Johnson (1995)

Reference Material
Constitution of the United States
Federalist Paper, No. 78
U.S. Presidents
Thumbnail Sketch of the Supreme Court's History
The Justices
Natural Courts
Supreme Court Calendar
Briefing Supreme Court Cases
Glossary

Subject Index
Case Index

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