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Preface | |
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Introduction: Rights and Liberties and the Supreme Court | |
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Civil Rights and Liberties: Building a Consensus | |
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Constitutional Foundations of Civil Rights and Liberties | |
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Constitutional Questions | |
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Purpose of This Book | |
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A Cultural Tribunal? The Supreme Court's Role in Diverse Society | |
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The Power and Operation of the Supreme Court | |
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Judicial Review | |
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An Independent Judiciary | |
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The Application of Judicial Review: Judicial Activism and Judicial Restraint | |
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Operation of the Supreme Court: How the Court Decides a Case | |
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Setting the Court's Agenda | |
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Requirements for Judicial Review | |
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Jurisdiction | |
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Rules of Access | |
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Granting Certiorari: The Decision to Hear an Appeal | |
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Oral Argument | |
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Conference and Vote | |
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The Opinion | |
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The Importance of the Court's Opinions | |
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Compliance and Implementation of the Court's Decisions | |
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Organization of This Book | |
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Finding the Full Text of The U.S. Supreme Court Opinions on the World Wide Web | |
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Freedom of Expression | |
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Subversive Political Speech: The Evolution of the Clear and Present Danger Doctrine | |
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The Rise and Fall of the Clear and Present Danger Test | |
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The Red Scare | |
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Guilt by Association | |
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Retreat from the Clear and Present Danger Test | |
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Inflammatory Words | |
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Economic Boycotts as Speech | |
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Symbolic and Offensive Speech | |
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Compulsory Flag Salute | |
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Conduct as Speech: Of Armbands, Draft Cards, and Flag Burning | |
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Offensive and Racist Speech | |
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Vulgar Language | |
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Hate Speech | |
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Regulating Hate Speech | |
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Competing Rights: Abortion Clinic Protests | |
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Concluding Comments | |
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Freedom of Religion and Freedom from Religion | |
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Free Exercise of Religion | |
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Balancing Religious Liberty with the Needs of Society | |
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Religious Exemptions to the Law | |
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A Narrowing Interpretation of the Free Exercise Clause | |
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Unorthodox Practices: The Use of Illegal Drugs and Animal Sacrifice as an Expression of Religious Belief | |
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Animal Sacrifice as Religious Conduct | |
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Hallucinogenic Tea in Religious Ritual | |
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The Establishment Clause and State-Sponsored Religion | |
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Separation of Church and State | |
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School Prayer | |
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Bible Reading | |
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Prayer at Football Games | |
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Financial Support of Religion | |
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Moment of Silence | |
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Teaching Creation Science versus Evolution | |
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Displays of Religious Symbols on Public Property | |
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Concluding Comments | |
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Due Process Rights and Criminal Justice | |
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Due Process and Incorporation | |
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Searches and Seizures | |
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The Exclusionary Rule | |
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Exceptions to the Warrant Requirement | |
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The Confusing World of Automobile Searches | |
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Searches of Mass Transportation | |
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The "Seizure" Question Revisited | |
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Clarifying Terry | |
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Media Ride-Alongs | |
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Electronic Eavesdropping | |
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Aerial Searches and Thermal Imaging | |
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The Right to Counsel | |
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Police Interrogations and the Fifth Amendment | |
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Miranda Revisited | |
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Cruel and Unusual Punishment | |
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Capital Punishment | |
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Victim Impact Statements | |
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Challenging the Method of Execution: Lethal Injection | |
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Concluding Comments | |
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Privacy: "The Right to Be Let Alone" or "The Right to Choose"? | |
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The Fourth Amendment and the Right to Privacy | |
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Drug Testing | |
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Privacy as Autonomy and Reproductive Freedom | |
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Elevation of Privacy to a Constitutional Right | |
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Abortion | |
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Roe v. Wade | |
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Post-Roe v. Wade | |
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"Partial Birth" Abortion | |
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Privacy and Sexual Orientation | |
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The Right to Die | |
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Physician-Assisted Suicide | |
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Concluding Comments | |
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Equal Protection of the Laws | |
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Racial Discrimination | |
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Separate but Equal | |
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Brown v. Board of Education | |
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Implementing Brown | |
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Desegregating Other Public Facilities | |
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Private Facilities | |
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Affirmative Action, Culture, and the Court | |
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A Return to Race-Based College and Public School Admissions Decisions | |
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Sex Discrimination | |
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Single-Sex Colleges: The VMI Case | |
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Sexual Harassment | |
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Discrimination on the Basis of Sexual Orientation: An Equal Protection Question? | |
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Concluding Comments | |
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Trends on the Supreme Court | |
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Revolution and Counterrevolution | |
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Freedom of Expression: New Standards of Review | |
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Church-State Issues | |
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Free Exercise of Religion | |
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Establishment of Religion | |
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Due Process | |
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Privacy: Transformation from a Constitutional Right to a Liberty Interest | |
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Abortion Rights | |
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Equal Protection: Respect for Precedent | |
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The Legacy of the Rehnquist Court | |
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The Supreme Court's Role In Our Diverse Culture: Some Final Thoughts | |
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Selected Further Readings | |
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Index of Cases | |
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Index | |