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Contemporary Supreme Court Cases Landmark Decisions Since Roe v Wade 1st Edition by Donald Lively, Russell Weaver 0313086656 9780313335143

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Contemporary Supreme Court Cases Landmark Decisions Since Roe v Wade 1st Edition Donald E. Lively Digital Instant Download

Author(s): Donald E. Lively, Russell L. Weaver
ISBN(s): 9780313335143, 0313086656
Edition: 1
File Details: PDF, 1.24 MB
Year: 2006
Language: english
SKU: EB-1666892 Category: Tags: ,

Contemporary Supreme Court Cases Landmark Decisions Since Roe v Wade 1st Edition by Donald Lively, Russell Weaver – Ebook PDF Instant Download/Delivery: 0313086656, 9780313335143

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ISBN 10: 0313086656 

ISBN 13: 9780313335143

Author: Donald E. Lively, Russell L. Weaver

Through the examination of these cases, the authors provide readers with an understanding of the significant role that the Supreme Court performs in shaping the boundaries of governmental power and contours of individual rights and liberties. The review of these modern decisions is provided against a historical backdrop that affords perspective and enriched context. Selection of the landmark decision (Roe v. Wade) as a departure point makes the book particularly useful in understanding the Court’s impact upon contemporary American society. Given the controversial nature of this decision, which recognized a woman’s liberty to elect an abortion, it also serves as a portal for examining the points and counterpoints with respect to the Court’s function. Treadlines during this period profile a Court that grew increasingly cautious in charting constitutional rights and liberties and equality principles and less amenable to unbridled expansion of federal power. Through processes of review that limit protected speech or reflect less concern when speech is burdened by regulation that is not content-based or does not target expression directly, for instance, the Court has imposed significant curbs upon the First Amendment.

Overall, the Supreme Court has become increasingly assertive in reviewing congressional power to regulate in areas that fall within the historical province of the states. This work engenders an appreciation for how constitutional power, rights, and liberties are not a constant over time but works in progress that are subject to the ebb and flow of judicial philosophy. Written for a general audience and particularly accessible for non-law school students and non-lawyers, fact and summary boxes provide quick insight and understanding of cases. Entries include Craig v. Boren (1976), Illinois v. Gates (1983), Immigration and Naturalization Service v. Chadha (1983), Reno v. American Civil Liberties Union (1992), United States v. Virginia (1996), Grutter v. Bollinger (2003), Lawrence v. Texas (2003), Hamdi v. Rumsfeld (2004), and many others. In addition, a glossary defines key terms.

Table of contents:

I. SEPARATION AND DISTRIBUTION OF POWERS
A. The Power of Judicial Review
United States v. Nixon (1974)

B. The Power of the President
Dames and Moore v. Regan (1981)
Morrison v. Olson (1988)
Hamdi v. Rumsfeld (2004)

C. The Power of Congress
Immigration and Naturalization Service v. Chadha (1983)

II. POWER TO REGULATE OR AFFECT THE ECONOMY
A. Federal Power
United States v. Lopez (1995)

B. State Power
Philadelphia v. New Jersey (1978)

C. Federal Preemption of State Power
Pacific Gas and Electric Co. v. State Energy Resources Conservation and Development Commission (1983)

D. Privileges and Immunities
Baldwin v. Fish and Game Commission of Montana (1978)

III. EQUALITY CONCEPTS
A. Race
Keyes v. School District No. 1, Denver, Colorado (1973)
Milliken v. Bradley (1974)
Washington v. Davis (1976)
Regents of the University of California v. Bakke (1979)
Richmond v. J.A. Croson Co. (1989)
Adarand Constructors, Inc. v. Pena (1995)
Grutter v. Bollinger (2003)

B. Gender
Craig v. Boren (1976)
United States v. Virginia (1996)

C. Fundamental Rights
San Antonio Independent School District v. Rodriguez (1973) (Education)
Bush v. Gore (2000) (Voting)

IV. INDIVIDUAL RIGHTS AND LIBERTIES

A. First Amendment: Freedom of Speech (Content Regulation)

Torts
Gertz v. Robert Welch, Inc. (1974)
Hustler Magazine v. Falwell (1988)

Obscenity
Miller v. California (1973)
New York v. Ferber (1982)

Fighting Words
R.A.V. v. City of St. Paul (1992)
Virginia v. Black (2003)

Commercial Speech
Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council, Inc. (1976)

Symbolic Speech
Texas v. Johnson (1989)

Campaign Financing
McConnell v. Federal Election Commission (2003)

Student Speech
Hazelwood School District v. Kuhlmeier (1988)

B. First Amendment: Freedom of Speech (Content Neutral Regulation)

Public Forums
Perry Education Association v. Perry Local Educators Association (1983)
Rosenberger v. University of Virginia (1995)

Secondary Effects
Renton v. Playtime Theatres, Inc. (1986)

Procedural Regulation
Madsen v. Women’s Health Center, Inc. (1994)

Government Subsidies and Conditions
National Endowment for the Arts v. Finley (1998)
United States v. American Library Association, Inc. (2003)

C. First Amendment: Freedom of Association
Roberts v. United States Jaycees (1984)

D. First Amendment: Freedom of the Press

Prior Restraint
Nebraska Press Association v. Stuart (1976)

The Newsgathering Function
Zurcher v. Stanford Daily (1978)
Globe Newspaper Co. v. Superior Court (1982)

Medium Specific Standards
Miami Herald Publishing Co. v. Tornillo (1974)
FCC v. Pacifica Foundation (1978)
Sable Communications of California, Inc. v. FCC (1989)
Turner Broadcasting System, Inc. v. FCC (1994)
Reno v. American Civil Liberties Union (1992)
Ashcroft v. American Civil Liberties Union (2002)

E. First Amendment: Freedom of Religion

Establishment Clause
Wallace v. Jaffree (1985)
McCreary County v. American Civil Liberties Union of Kentucky (2005)
Lynch v. Donnelly (1984)
Lee v. Weisman (1992)
Agostini v. Felton (1997)
Zelman v. Simmons-Harris (2002)

Free Exercise Clause
Church of the Lukumi Babalu Aye, Inc. v. City of Hialeah (1993)

Religion and Expressive Freedom
Good News Club v. Milford Central School (2001)

F. Fourth Amendment: Search and Seizure
Delaware v. Prouse (1979)
United States v. Mendenhall (1980)
Illinois v. Gates (1983)
United States v. Leon (1984)
Kyllo v. United States (2001)
Board of Education of Independent School District No. 92 of Pottawatomie County v. Earles

G. Due Process: Confessions and Entrapment
Mincey v. Arizona (1978)
Jacobson v. United States (1992)

H. Fifth Amendment: Takings
Penn Central Transportation Co. v. New York (1978)
Lucas v. South Carolina Coastal Council (1992)

I. Sixth Amendment: Right to Counsel
Nix v. Williams (1982)
Kuhlmann v. Wilson (1986)

J. Fourteenth Amendment: Right of Privacy

Abortion
Roe v. Wade (1973)
Webster v. Reproductive Health Services (1989)
Planned Parenthood of South-Eastern Pennsylvania v. Casey (1992)

Sexual Orientation
Bowers v. Hardwick (1986)
Lawrence v. Texas (2003)

Right to Refuse Medical Treatment
Cruzan v. Director, Missouri Department of Health (1990)

APPENDIX A: The United States Constitution
APPENDIX B: Glossary

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