Civil liberties and the Constitution : cases and commentaries

(cover)
Frontmatter
	PREFACE
PART I: A FRAMEWORK FOR ANALYSIS
	CHAPTER 1: LAW AND COURTS IN POLITICAL-SOCIAL CONTEXT
		Congress, the President, and Administrative Officials
		Interest Groups and the Dynamics of Civil Liberties
		More on the Court: Inside the Marble Palace
		The Rules of the Game and American Political Values
		Selected References
	CHAPTER 2: CIVIL LIBERTIES IN THE CONTEXT OF FEDERALISM
		The Supreme Court, the Bill of Rights, and the Fourteenth Amendment
		State Constitutions
		State Judicial Selection
		Conclusion
		Selected References
PART II: FREEDOM OF EXPRESSION, ASSEMBLY, AND ASSOCIATION
	CHAPTER 3: FREEDOM OF EXPRESSION
		Development of the Constitutional Law of Speech
		Core principles, Subversive Advocacy, and Clear and Present Danger
			Schenck v. United States (1919)
			Abrams v. United States (1919)
			Gitlow v. New York (1925)
			Whitney v. California (1927)
			Dennis v. United States (1951)
			Brandenburg v. Ohio (1969)
		Public Peace and Order
			Feiner v. New York (1951)
			Edwards et al. v. South Carolina (1963)
		Time, Place, and Manner Restrictions
			Frisby v. Schultz (1988)
		Overview of Current Doctrine
		Symbolic Speech, Hate Speech, and Conduct That Communicates
			United States v. O'Brien (1968)
			Texas v. Johnson (1989)
			R.A.V. v. St. Paul, Minnesota (1992)
		Selected References
	CHAPTER 4: FREEDOM OF EXPRESSION IN SPECIAL CONTEXTS
		Obscenity; Sexually Explicit Expression; the Offensive, Indecent, Lewd, and Profane
			Cohen v. California (1971)
		Obscenity
			Miller v. California (1973)
			Paris Adult Theatre I v. Slaton (1973)
		Regulating Indecent Speech
			Federal Communications Commission v. Pacifica Foundation et al. (1978)
		Movies and Censorship
		Nude Dancing
			Barnes v. Glen Theatre, Inc. (1991)
		Internet
			Reno v. American Civil Liberties Union (1997)
		Commercial Speech and Corporate Speech
		Money as Speech
		Student Rights and Free Expression
			Tinker v. Des Moines Independent Community School District (1969)
			Morse, et al., v. Joseph Frederick (2007)
		Selected References
	CHAPTER 5: FREEDOM OF THE PRESS AND ASSOCIATION
		Prior Restraint
			New York Times v. United States [The Pentagon Papers Case] (1971)
		The Various Media
		Is the Press Special?
		Freedom of the Press and the Judicial Process
		Confidentiality of News Sources
		The Press and Damage to Reputation
			New York Times v. Sullivan (1964)
		Freedom of Association
			National Association for the Advancement of Colored People v. Alabama (1958)
		Selected References
PART III: FREEDOM OF RELIGION
	CHAPTER 6: THE ESTABLISHMENT CLAUSE
		History and Context
		Current Judicial Approaches
		Religious Schools and Public Money: Parochiaid
			Everson v. Board of Education (1947)
		The Lemon Test and More Parochiaid
		Parochiaid and Higher Education
		Prayer and Religion in Public Schools
			Engel et al. v. Vitale et al. (1962)
			School District of Abington Township, Pennsylvania v. Schempp (1963)
			Board of Education of Westside Community Lee v. Weisman (1992)
			Santa Fe Independent School District v. Doe (2000)
		Government-Sponsored Religious Symbols, Traditions, and Tax Exemptions
			Lynch v. Donnelly (1984)
		Selected References
	CHAPTER 7: THE FREE EXERCISE OF RELIGION
		Early Free Exercise Jurisprudence
		The State, Religious Beliefs and Practices, and the Free Exercise Clause
			Sherbert v. Verner (1963)
			Wisconsin v. Yoder (1972)
			Department of Human Resources of Oregon v. Smith (1990)
		Religious Liberty and Compulsory Military Service
			Welsh v. United States (1970)
		Selected References
PART IV: THE RIGHT OF THE ACCUSED AND THE CRIMINAL JUSTICE SYSTEM
	CHAPTER 8: THE EXCLUSIONARY RULE AND OTHER FOURTH AMENDMENT CONTROVERSIES
		Fourth Amendment Problems: The Exclusionary Rule Controversy
			Mapp v. Ohio (1961)
		The Fourth Amendment in Retreat? Expanding Warrantless Searches
			City of Indianapolis v. Edmond (2000)
			Virginia v. Moore (2008)
			District Attorney's Office for the Third Judicial District, et al. v. Arizona v. Gant (2009)
		Selected References
	CHAPTER 9: PROTECTION AGAINST COMPULSORY SELF-INCRIMINATION AND THE RIGHT TO COUNSEL
		Assistance of Counsel
			Gideon v. Wainwright (1963)
			Strickland v. Washington (1984)
		From Coerced Confessions to Miranda Warnings
			Miranda v. Arizona (1966)
		Developing Miranda Jurisprudence in the Warren, Burger, Rehnquist, and Roberts Courts
			New York v. Quarles (1984)
			Illinois v. Perkins (1990)
			Vermont v. Brillon (2009)
		Selected References
	CHAPTER 10: OTHER CONSTITUTIONAL GUARANTEES IN THE CRIMINAL PROCESS: TRIALS, SENTENCING, AND INCARCERATION
		Trials, Jury Selection, and Sentencing Problems
			Batson v. Kentucky (1986)
			Snyder v. Louisiana (2008)
		The Death Penalty Controversy
			Gregg v. Georgia (1976)
			McCleskey v. Kemp (1987)
			Payne v. Tennessee (1991)
		Cruel and Unusual Punishment Bail and Preventive Detention
		Confrontation and Cross-Examination
		Prisoners' Rights
			Hudson v. McMillian (1992)
		Juvenile Rights
			In Re Gault (1967)
		Selected References
PART V: PROTECTING AGAINST BIAS: SEGREGATION AND DISCRIMINATION
	CHAPTER 11: THE DEVELOPMENT AND LEGAL DEMISE OF RACIAL SEGREGATION
		Slavery in the Shadow of the Constitution
		The Troubled Legacy of Slavery
		Constitutionalization of Racial Segregation
			Plessy v. Ferguson (1896)
		Public Accommodation and Housing: The Color Line
		Strategies for Political Exclusion
		Separate and Unequal: Public Education From Plessy to Brown
			Brown v. Board of Education (I) (1954)
			Brown v. Board of Education (II) (1955)
		Selected References
	CHAPTER 12: THE ROCKY ROAD OF SCHOOL DESEGREGATION
		The Journey From Brown I: Issues of Resistance and Implementation
		It's Not The Bus; It's Us: Desegregation Moves North
		From Affirmative Duty to Good Faith Standard
			Board of Education of Oklahoma City Public Schools v. Dowell (1991)
			Parents Involved in Community Schools v. Seattle School District No. 1 et al. (2007)
		Desegregation Issues in Higher Education
		Selected References
	CHAPTER 13: THE CONTINUING SIGNIFICANCE OF RACE: THE PREVALENCE OF BIASES AND THE AFFIRMATIVE ACTION CONTROVERSY
		Brown: The Catalyst for Racial Change in the Workplace
		Some Judicial Standards and Equal Protection Review
		Eliminating Job Bias
			Griggs v. Duke Power Co. (1971)
		Affirmative Action and the Inclusion of the Excluded
			Regents of the University of California v. Bakke (1978)
			Grutter v. Bollinger (2003)
			Ricci et al. v. Destefano et al. (2009)
		But Not Next Door: The Controversy Over Racially Segregated Housing
		Commentary
		Selected References
	CHAPTER 14: THE CONTINUING SIGNIFICANCE OF RACE: VOTING AND REPRESENTATION
		Negating Black Political Participation: State Defiance of the Fifteenth Amendment
			Gomillion v. Lightfoot (1960)
		From the Streets to the Congress: Renewing the Fifteenth Amendment's Commitment
			South Carolina v. Katzenbach (1966)
		Reapportionment and Related Problems
			Baker v. Carr (1962)
			Shaw v. Reno (1993)
		Presidential Election
			Northwest Austin Municipal Utility Dist. No. 1. v. Holder (2009)
		Selected References
	CHAPTER 15: NATIVE AMERICANS-RACE AND CULTURE: PROMISES MADE, PROMISES BROKEN
		Doctrines of Discovery and Conquest
			Johnson v. McIntosh (1823)
		Seven Periods of Broken Promises: The Historical Background for the Twenty-First Century
		The Rights of Native Americans and Treaties: The Civil Rights of Groups (Nations)
		Federal Power To Recognize and Terminate Indian Country Status
			City of Sherrill v. Oneida Indian Nation of New York (2005)
			Carcieri v. Salazar (2009)
		Criminal Jurisdiction: Issues of Culture and Power
		American Indians' Self-Government and the Constitution
		American Indians and Civil Rights: The Struggle for Cultural Recognition
		American Indians' Culture as a Civil Right
		Selected References
PART VI: GENDER-BASED DISCRIMINATION, PRIVACY, POVERTY, AND AGE DISABILITY
	CHAPTER 16: EQUAL RIGHTS FOR WOMEN AND GENDER-BASED DISCRIMINATION
		Sex Discrimination and the Evolution of Judicial Policies
			Bradwell v. Illinois (1872)
			Frontiero v. Richardson (1973)
			Rostker v. Goldberg (1981)
			United States v. Virginia (1996)
		Constitutional Politics: The Saga of the ERA
		Selected References
	CHAPTER 17: PRIVACY AND INDIVIDUAL RIGHTS IN VARIED CONTEXTS
		Beyond the Fourth Amendment: Privacy as a Constitutional Right and the Abortion Controversy
			Griswold v. Connecticut (1965)
			Roe v. Wade (1973)
		Privacy in Varied Contexts: Sexual Orientation, Sexual Harassment, The Right to Die, and So on
		Privacy and Congressional Legislation
		The Issue of Privacy: A Conceptual Framework
			Oncale v. Sundowner Offshore Services, Inc. (1998)
			Lawrence et al. v. Texas (2003)
			Washington v. Glucksberg (1997)
		Selected References
	CHAPTER 18: THE POOR IN COURT: EXPANDING AND CONTRACTING RIGHTS
		Structural Obstacles Facing the Poor
		Welfare Benefits
			Shapiro v. Thompson (1969)
			Rita L. Saenz, Director, California Department of Social Services, et al., Poverty, Public Schools, and the Property Tax
			San Antonio Independent School District v. Rodriguez (1973)
		The Poor and Housing
		Access to the Courts
		Lawyers, Legal Services, and Rights of the Poor
		The Modern Era: Limitations on Achieving Economic Justice Through the Courts and the Law
		The Future of Poverty: Capacity and Limits of the Courts and the Law
		Selected References
	CHAPTER 19: AGE, AND DISABILITY DISCRIMINATION
		Age and the Workplace: The Development of the Law
			Gross v. FBL Financial Services, Inc. (2009)
		Bona Fide Occupational Qualifications
		Proof of Violations
			O'Connor v. Consolidated Coin Caterers Corp. (1996)
		Disability in the Workplace
		Selected References
APPENDIX I: CONSTITUTION OF THE UNITED STATES
APPENDIX II: GLOSSARY OF TERMS AND KEY CONCEPTS
APPENDIX III: MEMBERS OF THE SUPREME COURT OF THE UNITED STATES
TABLE OF CASES