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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
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.
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
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.
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
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.