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| Preface | |
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| About the Author | |
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| Case Citation Guide | |
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| Sample Case Citations | |
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| Tables of cases | |
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| History, Structure, and Content of the United States Constitution | |
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| Section | |
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| History of the United States Constitution | |
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| -Early Steps Toward National Unity | |
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| -Articles of Confederation | |
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| -Drafting the United States Constitution | |
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| -Ratification by the States | |
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| -Structure and Content of the Constitution | |
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| -Separation of the Powers of the National Government | |
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| -Division of Power between the National Government and the States | |
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| -Powers Granted to the Federal Government | |
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| -Powers the States Are Forbidden to Exercise | |
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| -Sovereign Powers Retained by the States | |
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| The Bill of Rights | |
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| -Applying the Bill of Rights to the States Through the Fourteenth Amendment | |
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| The Fourteenth Amendment as a Limitation on State Power | |
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| -Due Process of Law | |
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| -Equal Protection of the Laws | |
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| Adjudication of Constitutional Questions | |
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| Federal Remedies for Constitutional Abuses | |
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| Summary | |
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| Freedom of Speech | |
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| Historical Background | |
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| Overview of Constitutional Protection for Speech and Expressive Conduct | |
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| Is Speech Involved? | |
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| First Amendment Distinction between a Speaker's Message and the Conduct Associated with Communicating It | |
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| Punishing Speech Because of the Message | |
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| -Obscenity and Child Pornography | |
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| -Fighting Words | |
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| -Threats | |
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| -Incitement to Immediate Illegal Action | |
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| -Hate Speech | |
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| -Crude and Vulgar Speech | |
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| -Commercial Speech | |
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| Restraints on Speech Based on Considerations Other Than the Message | |
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| Free Speech Access to Government Property: Public Forums and Nonpublic Forums | |
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| -Protecting the Community from Nuisances Linked to Speech | |
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| -Free Speech Access to Private Property | |
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| -Need for Precision in Regulating Speech | |
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| Summary | |
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| Authority to Detain and Arrest; Use of Force | |
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| Section | |
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| Introduction | |
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| Overview of the Fourth Amendment | |
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| Crossing the Boundary of the Fourth Amendment | |
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| -"Free Zone" for Investigative Work | |
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| -"Seizure" Defined | |
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| -Fourth Amendment Grounds for a Lawful Seizure | |
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| Investigatory Stops | |
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| -Reasonable Suspicion | |
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| -Scope and Duration of Investigatory Stops | |
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| Traffic and Vehicle Stops | |
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| -Pretextual Traffic Stops | |
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| Requirements for a Constitutional Arrest | |
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| -Probable Cause | |
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| -Requirements for a Valid Arrest Warrant | |
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| -Arrests Inside a Private Residence | |
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| Use of Force in Making an Arrest or Other Seizure | |
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| State Arrest Laws | |
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| -Territorial Limits on a Police Officer's Arrest Authority | |
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| Summary and Practical Suggestions | |
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| Search and Seizure | |
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| Overview of the Law of Search and Seizure | |
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| Analysis of the Investigation | |
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| -Definition of a Search | |
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| -Sources of Search Authority | |
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| -Fourth Amendment Requirements for Seizing Property | |
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| -The Fourth Amendment Search Warrant | |
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| Searches Involving People and Personal Effects | |
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| -The Terry Search Revisited | |
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| -Search Following a Custodial Arrest | |
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| Vehicle Searches | |
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| -Search of Vehicles Pursuant to a Detention or Arrest | |
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| -Search of Vehicles Based on Probable Cause ("Automobile Exception") | |
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| -Inventory Searches of Impounded Vehicles | |
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| Search of Protected Premises | |
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| -Premises Protected by the Fourth Amendment | |
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| -Entry and Search of Premises Under a Warrant | |
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| -Entry and Search of Premises Without a Warrant | |
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| The Exclusionary Rule | |
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| Summary and Practical Suggestions | |
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| Laws Governing Police Surveillance | |
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| Introduction to the Laws Governing Police Surveillance | |
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| Fourth Amendment Foundation of Police Surveillance Law: The Katz Standard | |
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| Application of the Katz Standard to Non-assisted Surveillance | |
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| Application of the Katz Standard to Technologically Assisted Surveillance: An Overview | |
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| -Electronic Tracking | |
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| -Video Surveillance | |
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| -Detection Devices | |
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| The Wiretap Act | |
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| -Scope of the Wiretap Act | |
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| -Procedural Requirements for Intercepting Protected Communications | |
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| Communication Surveillance Not Regulated by the Wiretap Act | |
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| -Listening with the Unaided Ear | |
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| -Interception of an Oral Communication Where the Target Lacks a Reasonable Expectation of Freedom from Interception | |
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| -Interception Conducted with the Consent of a Party | |
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| -E-mail, Voice Mail, and Text Messages | |
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| -Pen Registers and Trap-and-Trace Devices | |
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| Foreign Intelligence Surveillance Act | |
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| Summary and Practical Suggestions | |
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| Interrogations and Confessions | |
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| Introduction | |
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| The Free and Voluntary Rule | |
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| The Fourth Amendment Exclusionary Rule | |
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| Overview of the Rules Governing Custodial Interrogation | |
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| The McNabb-Mallory Delay in Arraignment Rule | |
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| Protection for the Fifth Amendment Privilege Against Self-incrimination During Police Interrogations: The Miranda Rule | |
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| -Custodial Interrogation Defined | |
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| -Procedural Requirements for Custodial Interrogations: Miranda Warnings and Waivers | |
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| The Sixth Amendment Right to Counsel During Interrogations Conducted After the Commencement of Adversary Judicial Proceedings | |
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| Use of Inadmissible Confession for Impeachment | |
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| Restrictions on the Use of Derivative Evidence | |
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| Restrictions on the Use of Confessions Given by Accomplices | |
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| The Requirement of Corroboration of Valid Confessions | |
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| Summary and Practical Suggestions | |
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| Compulsory Self-incrimination | |
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| Introduction | |
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| Fifth Amendment Protection Against Testimonial Self-Incrimination | |
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| -Prerequisites for Application of the Fifth Amendment | |
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| -Rules for Invoking and Waiving Fifth Amendment Protection | |
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| -Protection Against Adverse Consequences from Exercising the Privilege Against Self-incrimination | |
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| -Self-Reporting Laws and the Fifth Amendment | |
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| Fourth Amendment Protection Against Bodily Self-incrimination | |
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| --Requirements for Appearance Evidence | |
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| -Requirements for Bodily Evidence | |
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| -Necessity of a Search Warrant to Explore for Bodily Evidence | |
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| -Strip Searches and Manual Body Cavity Searches | |
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| Summary and Practical Suggestions | |
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| Right to Counsel | |
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| Overview of the Sixth Amendment Right to Counsel | |
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| -The Indigent Person's Right to Appointed Counsel | |
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| -The Right to Assistance of Counsel in Pre- and Post-Trial Proceedings: Critical Stages of the Prosecution and Criminal Appeals | |
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| -The Defendant's Right to Self-Representation | |
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| -Ineffective Assistance of Counsel | |
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| Sixth Amendment Restrictions on the Conduct of the Police | |
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| Pretrial Identification Procedures | |
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| -Fourth Amendment Limitations on Admission of Pretrial Identification Testimony | |
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| -Due Process Requirements for Pretrial Identification Procedures | |
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| -Right to Counsel During Pretrial Identification Procedures | |
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| Summary and Practical Suggestions | |
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| Trial and Punishment | |
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| Overview of Constitutional Safeguards During the Trial and Punishment Phases of a Criminal Case | |
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| The Fifth Amendment Double Jeopardy Prohibition | |
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| -Prohibition of Multiple Prosecutions for the Same Offense | |
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| -Prohibition of Multiple Punishments for the Same Offense | |
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| Sixth Amendment and Due Process Requirements for Fair Trials | |
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| -Speedy Trial | |
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| -Public Trial | |
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| -Confrontation of Adverse Witnesses | |
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| -Fair and Impartial Tribunal | |
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| -Pretrial Publicity | |
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| -Trial by Jury | |
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| -Preservation and Disclosure of Evidence Favorable to the Defense | |
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| Eighth Amendment Requirements for Punishment | |
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| -Constitutionally Acceptable Punishments | |
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| -The Death Penalty | |
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| -Eighth Amendment Protection Inside Prison Walls | |
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| Summary and Practical Suggestions | |
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| Constitutional Rights and Liabilities in the Workplace | |
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| Introduction | |
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| First Amendment Protection for Work-Related Speech | |
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| Fourth Amendment Protection Against Workplace Searches | |
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| Fifth Amendment Protection Against Self-Incrimination | |
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| Fourteenth Amendment Protection for a Police Officer's Personal Liberty | |
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| Procedural Due Process in Police Disciplinary Actions | |
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| Employment Discrimination Based on Race, Color, Religion, Gender, or National Origin | |
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| Equal Protection in the Police Workplace | |
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| Constitutional Accountability Under Federal Law | |
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| Summary | |
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| Judicial Decisions and Statutes Relating To Part I | |
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| Glossary | |
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| Appendix | |
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| Index of Cases | |
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| Index | |