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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 | |