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Constitutional Law for a Changing America : Rights, Liberties, and Justice / With 1997-1999 Supplement

Constitutional Law for a Changing America : Rights, Liberties, and Justice / With 1997-1999 Supplement - 3rd edition

Constitutional Law for a Changing America : Rights, Liberties, and Justice / With 1997-1999 Supplement - 3rd edition

ISBN13: 9781568024301

ISBN10: 1568024304

Constitutional  Law for a Changing America : Rights, Liberties, and Justice / With 1997-1999 Supplement by Lee Epstein and Thomas G. Walker - ISBN 9781568024301
Edition: 3RD 98
Copyright: 1998
Publisher: Congressional Quarterly
Published: 1998
International: No
Constitutional  Law for a Changing America : Rights, Liberties, and Justice / With 1997-1999 Supplement by Lee Epstein and Thomas G. Walker - ISBN 9781568024301

ISBN13: 9781568024301

ISBN10: 1568024304

Edition: 3RD 98


This new edition of Rights, Liberties, and Justice is part of the innovative, highly successful two-volume text that blends the best of legal and political science approaches to constitutional law. Lee Epstein and Thomas G. Walker have carefully selected excerpts from important cases and have provided extensive commentary to help students follow the path of the evolving law.

While Epstein and Walker excerpt in the traditional manner both new and classic cases that best illustrate the development of constitutional law, their approach is distinctive in that it also recognizes the political factors that influence judicial decisions. They emphasize the arguments raised by lawyers and interest groups, and include material that brings out the rich political context in which decisions are made, including the ideological and behavioral inclinations of justices, the politics of judicial selection, and the impact of public opinion and positions taken by elected officials.

The authors draw students into the subject and help them understand why each case is included and how it fits into the development of constitutional doctrine. Students discover that Supreme Court cases are more than just legal names and citations, that they involve real people engaged in real disputes. To further animate the text for students, Epstein and Walker include profiles of influential groups and justices, photographs of litigants, exhibits from the cases, and full descriptions of the events that led to the suits. A helpful appendix includes a glossary of legal terms.

What's New?

The third edition of Rights, Liberties, and Justice has been updated throughout to include recent scholarship and key decisions handed down since the publication of the last edition in 1994. Also new to this edition is the addition of a brief chapter on judicial powers and constraints (Chapter 2). Chapter 11, "Discrimination," adds discrimination based on sexual orientation to the list of such cases that the Court has considered.

With the burgeoning of online resources for researching the Supreme Court, Epstein and Walker have added numerous electronic sources throughout the text. Chapter 1, "The Supreme Court and the Constitution," has a new section on how to research the Court using online and print references. Relevant Web site addresses are included throughout, giving students access to the full opinion for each excerpted case and to the audio recording of oral arguments when available.

Note: Because the new third edition of Rights, Liberties, and Justice is current throughout the 1996-1997 Court term, simply order the text alone for Spring 1998 and Fall 1998 courses. In October of 1998, we will publish the first of our popular printed supplements that will contain key Court decisions handed down during the 1997-1998 term. This supplement will be shrinkwrapped with the text at no additional cost to students. Term supplements are not sold separately. For more ordering information, go to the Free Resources section on our home page.

Author Bio

Epstein, Lee : Washington University

Walker, Thomas G. : Emory University

Table of Contents

Table of Contents

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

Chapter 1. Understanding the U.S. Supreme Court

Processing Supreme Court Cases
Approaches to Supreme Court Decision Making
Conducting Research on the Supreme Court

Chapter 2. The Judiciary: Institutional Powers and Constraints

Judicial Review
Marbury v. Madison (1803)
Constraints on Judicial Power
Ex parte McCardle (1869)

Chapter 3. 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

Chapter 4. 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)
Church of the Lukumi Babalu Aye v. City of Hialeah (1993)
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)
Rosenberger v. University of Virginia (1995)
Edwards v. Aguillard (1987)
School District of Abington Township v. Schempp (1963)
Wallace v. Jaffree (1985)
Lee v. Weisman (1992)

Chapter 5. 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)
Madsen v. Women's Health Center, Inc. (1994)
R.A.V. v. City of St. Paul, Minnesota (1992)
Wisconsin v. Mitchell (1993)
West Virginia Board of Education v. Barnette (1943)
Bates v. State Bar of Arizona (1977)
Central Hudson Gas and Electric Corporation v. Public Service Commission of New York (1980)
Emerging Issues
Reno v. American Civil Liberties Union (1997)

Chapter 6. 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)

Chapter 7. The Boundaries of Free Expression: Obscenity and Libel

Roth v. United States (1957)
Miller v. California (1973)
New York v. Ferber (1982)
New York Times v. Sullivan (1964)
Gertz v. Welch (1974)
Hustler Magazine v. Falwell (1988)
Masson v. New Yorker Magazine (1991)

Chapter 8. The Right to Privacy

The Right to Privacy: Foundations
Griswold v. Connecticut (1965)
Private Activities and the Application of Griswold
Bowers v. Hardwick (1986)
Cruzan v. Director, Missouri Department of Health (1990)
Washington v. Glucksberg (1997)
Reproductive Freedom and the Right to Privacy: Abortion
Roe v. Wade (1973)
Planned Parenthood of Southeastern Pennsylvania v. Casey (1992)

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

Chapter 9. Investigations and Evidence

The Fourth Amendment: Historical Notes
The Supreme Court and the Fourth Amendment
Illinois v. Gates (1983)
Katz v. United States (1967)
Vernonia School District 47J v. Acton (1995)
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)
Rhode Island v. Innis (1980)


Chapter 10. 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)
J.E.B. v. Alabama ex rel. T.B. (1994)
Sheppard v. Maxwell (1966)
Richmond Newspapers v. Virginia (1980)
Final Trial Stage: An Overview of Sentencing
The Eighth Amendment
Gregg v. Georgia (1976)
McCleskey v. Kemp (1987)
Post-Trial Stages

Part IV. Civil Rights

Civil Rights and the Constitution
The Fourteenth Amendment
The Fifteenth Amendment

Chapter 11. Discrimination

Racial Discrimination
Plessy v. Ferguson (1896)
Shelley v. Kraemer (1948)
Sweatt v. Painter (1950)
Brown v. Board of Education (I) (1954)
Brown v. Board of Education (II) (1955)
Burton v. Wilmington Parking Authority (1961)
Loving v. Virginia (1967)
Moose Lodge #107 v. Irvis (1972)
Swann v. Charlotte-Mecklenburg Board of Education (1971)
United States v. Fordice (1992)
Sex Discrimination
Reed v. Reed (1971)
Frontiero v. Richardson (1973)
Craig v. Boren (1976)
Orr v. Orr (1979)
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)
Remedying the Effects of Discrimination: Affirmative Action
Regents of the University of California v. Bakke (1978)
Johnson v. Transportation Agency of Santa Clara County, California (1987) City of Richmond v. J. A. Croson Co. (1989)
Adarand Constructors, Inc. v. Pena (1995)
Contemporary Developments in Discrimination Law

Chapter 12. Voting and Representation

Voting Rights
Louisiana v. United States (1965)
South Carolina v. Katzenbach (1965)
Political Representation
Baker v. Carr (1962)
Reynolds v. Sims (1964)
United Jewish Organizations of Williamsburgh v.Carey (1977)
Miller v. Johnson (1995)
Davis v. Bandemer (1986)

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

Subject Index
Case Index
Illustration Credits

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