CiNii Books - Constitutional law for a changing America : rights, liberties, and justice

"Constitutional Law for a Changing America: Rights, Liberties, and Justice is superb. It entertains students while forcing them to think about the cases and issues. That is a rare achievement for a textbook." - Robert M. Howard, Executive Director, Southern Political Science Association, Georgia State University Judicial decisions are influenced by myriad political factors, from lawyers and interest groups, to the shifting sentiments of public opinion, to the ideological and behavioral inclinations of the justices. Authors Lee Epstein and Thomas G. Walker show how these dynamics shape the development of constitutional doctrine. Known for fastidious revising and streamlining, the authors incorporate the latest scholarship in the fields of both political science and legal studies and offer rock-solid analysis of both classic and contemporary landmark cases, including key opinions handed down through the 2015 session. Filled with additional supporting material-photographs of the litigants, sidebars comparing the U.S. with other nations, and "Aftermath" boxes that tell the stories of the parties' lives after the Supreme Court has acted-the text encourages greater student engagement with the material and a more complete understanding of the American constitution. Take your constitutional law class beyond the book with Epstein and Walker's newly redesigned online Resource Center, featuring more than 500 excerpted, supplemental cases mentioned or referenced in the commentary of the Constitutional Law for a Changing America volumes! Ensure FREE access-use bundle ISBN: 978-1-5063-3348-9.

Table of Contents

Part I: The Supreme Court and the Constitution The Living Constitution The Road to the Bill of Rights The Amendment Process The Supreme Court and the Amendment Process Chapter 1: Understanding the U.S. Supreme Court Processing Supreme Court Cases Supreme Court Decision Making: Legalism Supreme Court Decision Making: Realism Conducting Research on the Supreme Court Annotated Readings Chapter 2: The Judiciary: Institutional Powers and Constraints Judicial Review Marbury v. Madison (1803) Constraints on Judicial Power Ex parte McCardle (1869) Annotated Readings Chapter 3: Incorporation of the Bill of Rights Must States Abide by the Bill of Rights? Initial Responses Barron v. Baltimore (1833) Incorporation through the Fourteenth Amendment: Early Interpretations Hurtado v. California (1884) A Standard Emerges Palko v. Connecticut (1937) Incorporation in the Aftermath of Palko Duncan v. Louisiana (1968) Annotated Readings Part II: Civil Liberties Approaching Civil Liberties Chapter 4: Religion: Exercise and Establishment Defining Religion Free Exercise of Religion Cantwell v. Connecticut (1940) Sherbert v. Verner (1963) Wisconsin v. Yoder (1972) Employment Division, Department of Human Resources of Oregon v. Smith (1990) City of Boerne v. Flores (1997) Religious Establishment Everson v. Board of Education (1947) School District of Abington Township v. Schempp
Murray v. Curlett (1963) Lemon v. Kurtzman
Earley v. DiCenso (1971) Zelman v. Simmons-Harris (2002) Edwards v. Aguillard (1987) Town of Greece v. Galloway (2014) Van Orden v. Perry (2005) Hosanna-Tabor Evangelical Lutheran Church and School v. Equal Employment Opportunity Commission (2012) Annotated Readings Chapter 5: Freedom of Speech, Assembly, and Association The Development of Legal Standards: The Emergence of Law in Times of Crisis Schenck v. United States (1919) Abrams v. United States (1919) Gitlow v. New York (1925) Dennis v. United States (1951) Brandenburg v. Ohio (1969) Contemporary Tests and Constitutional Guidelines Content and Contexts United States v. O'Brien (1968) Texas v. Johnson (1989) Chaplinsky v. New Hampshire (1942) Cohen v. California (1971) McCullen et al. v. Coakley, Attorney General of Massachusetts et al. (2014) Snyder v. Phelps (2011) United States v. Alvarez (2012) Tinker v. Des Moines Independent Community School District (1969) Morse v. Frederick (2007) West Virginia State Board of Education v. Barnette (1943) Rumsfeld v. Forum for Academic and Institutional Rights, Inc. (2006) Bates v. State Bar of Arizona (1977) Central Hudson Gas and Electric Corporation v. Public Service Commission of New York (1980) Boy Scouts of America v. Dale (2000) Annotated Readings Chapter 6: Freedom of the Press Prior Restraint Near v. Minnesota (1931) New York Times v. United States (1971) Hazelwood School District v. Kuhlmeier (1988) Government Control of Press Content News Gathering and Special Rights Branzburg v. Hayes (1972) Annotated Readings Chapter 7: The Boundaries of Free Expression: Libel, Obscenity, and Emerging Areas of Government Regulation Libel New York Times v. Sullivan (1964) Hustler Magazine v. Falwell (1988) Obscenity Roth v. United States (1957) Miller v. California (1973) New York v. Ferber (1982) Cruelty and Violence Brown v. Entertainment Merchants Association (2011) Annotated Readings Chapter 8: The First Amendment and the Internet Shielding Children from Access to Sexually Explicit Material Reno v. American Civil Liberties Union (1997) Prohibiting Child Pornography United States v. Williams (2008) Emerging Issues Annotated Readings Chapter 9: The Right to Keep and Bear Arms Initial Interpretations The Second Amendment Revisited District of Columbia v. Heller (2008) Heller and the States Annotated Readings Chapter 10: The Right to Privacy The Right to Privacy: Foundations Griswold v. Connecticut (1965) Reproductive Freedom and the Right to Privacy: Abortion Roe v. Wade (1973) Planned Parenthood of Southeastern Pennsylvania v. Casey (1992) Private Activities and the Application of Griswold Lawrence v. Texas (2003) Same-Sex Marriage Obergefell v. Hodges (2015) Cruzan v. Director, Missouri Department of Health (1990) Annotated Readings Part III: The Rights of the Criminally Accused The Criminal Justice System and Constitutional Rights Overview of the Criminal Justice System Trends in Court Decision Making Chapter 11: Investigations and Evidence Searches and Seizures Katz v. United States (1967) United States v. Jones (2012) Illinois v. Gates (1983) Florida v. Jardines (2013) Safford Unified School District #1 v. Redding (2009) Terry v. Ohio (1968) Enforcing the Fourth Amendment: The Exclusionary Rule Mapp v. Ohio (1961) United States v. Leon (1984) Hudson v. Michigan (2006) The Fifth Amendment and Self-Incrimination Escobedo v. Illinois (1964) Miranda v. Arizona (1966) Missouri v. Seibert (2004) Annotated Readings Chapter 12: Attorneys, Trials, and Punishments The Right to Counsel Powell v. Alabama (1932) Gideon v. Wainwright (1963) The Pretrial Period and the Right to Bail The Sixth Amendment and Fair Trials Batson v. Kentucky (1986) Sheppard v. Maxwell (1966) Richmond Newspapers v. Virginia (1980) Trial Proceedings Final Trial Stage: An Overview of Sentencing The Eighth Amendment Gregg v. Georgia (1976) Atkins v. Virginia (2002) Posttrial Protections and the Double Jeopardy Clause Postrelease Protections Annotated Readings Part IV: Civil Rights Civil Rights and the Constitution The Fourteenth Amendment The Fifteenth Amendment Chapter 13: Discrimination Race Discrimination and the Foundations of Equal Protection Plessy v. Ferguson (1896) Sweatt v. Painter (1950) Brown v. Board of Education (I) (1954) Brown v. Board of Education (II) (1955) Swann v. Charlotte-Mecklenburg Board of Education (1971) Parents Involved in Community Schools v. Seattle School District No. 1
Meredith v. Jefferson County Board of Education (2007) Modern-Day Treatment of Equal Protection Claims Rational Basis Scrutiny Cleburne v. Cleburne Living Center (1985) Strict Scrutiny and Claims of Race Discrimination Loving v. Virginia (1967) Regents of the University of California v. Bakke (1978) Grutter v. Bollinger (2003) Heightened Scrutiny and Claims of Gender Discrimination Reed v. Reed (1971) Craig v. Boren (1976) United States v. Virginia (1996) Discrimination Based on Sexual Orientation Romer v. Evans (1996) Discrimination Based on Economic Status San Antonio Independent School District v. Rodriguez (1973) Discrimination against Aliens Plyler v. Doe (1982) State Action Requirement Shelley v. Kraemer (1948) Burton v. Wilmington Parking Authority (1961) Moose Lodge No. 107 v. Irvis (1972) Contemporary Developments in Discrimination Law Annotated Readings Chapter 14: Voting and Representation Elections and the Court Bush v. Gore (2000) Voting Rights South Carolina v. Katzenbach (1966) Shelby Country, Alabama v. Holder, Attorney General, et al. (2013) Crawford v. Marion County Election Board (2008) Regulation of Election Campaigns Citizens United v. Federal Election Commission (2010) McCutcheon, et al. v. Federal Election Commission (2014) Political Representation Reynolds v. Sims (1964) Miller v. Johnson (1995) Annotated Readings

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