Civil Rights and Liberties in the 21st Century

ISBN-10: 0321436040
ISBN-13: 9780321436047
Edition: 3rd 2010 (Revised)
Authors: John C. Domino
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Description: This up-to-date analysis of the Supreme Court'39;s landmark rulings on civil rights and liberties is a discussion of the facts, legal issues, and constitutional questions surrounding those rulings. Domino argues that the key to understanding  More...

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Book details

Edition: 3rd
Copyright year: 2010
Publisher: Routledge
Publication date: 2/20/2009
Binding: Paperback
Pages: 408
Size: 6.75" wide x 9.00" long x 0.75" tall
Weight: 1.562
Language: English

This up-to-date analysis of the Supreme Court'39;s landmark rulings on civil rights and liberties is a discussion of the facts, legal issues, and constitutional questions surrounding those rulings. Domino argues that the key to understanding constitutional law is not having the right answers but asking the right questions, so the third edition of his book encourages students to be active and critical thinkers. The text provides a historical context so that students can better understand competing social, legal, and political interests affecting the Supreme Court'39;s decisions today. The third edition explores a new theme: the Court as a ldquo;Cultural Tribunalrdquo;, often having the final say on cultural issues such as religion in the public place, sexual orientation and same-sex marriage, and abortion.

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

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