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Cato Supreme Court Review, 2003-2004

Overview

In this annual review, offers a timely analysis from a classical Madisonian perspective, of the most important cases from the Supreme Court's 2003-2004 term. Cato's is the first in-depth review to appear after the Court's term ends.

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Overview

In this annual review, offers a timely analysis from a classical Madisonian perspective, of the most important cases from the Supreme Court's 2003-2004 term. Cato's is the first in-depth review to appear after the Court's term ends.

Read More Show Less

Product Details

  • ISBN-13: 9781930865587
  • Publisher: Cato Institute
  • Publication date: 9/28/2004
  • Series: Cato Supreme Court Review Series
  • Pages: 292
  • Product dimensions: 6.28 (w) x 8.48 (h) x 1.22 (d)

Table of Contents

Foreword
Introduction 1
The indivisibility of economic rights and personal liberty 9
Power and liberty in wartime 23
Executive and judicial overreaction in the Guantanamo cases 49
Art and the constitution : the Supreme Court and the rise of the Impressionist school of constitutional interpretation 69
Making a federal case out of it : Sabri v. United States and the constitution of leviathan 119
Tennessee v. Lane : how illegitimate power negated non-existent immunity 161
The Cheney decision - a missed chance to straighten out some muddled issues 185
Old puzzles, puzzling answers : the alien tort statute and federal common law in Sosa v. Alvarez Machain 209
McConnell v. FEC : rationing speech to prevent "undue" influence 245
Ashcroft v. ACLU II : the beat goes on 299
Function follows form : Locke v. Davey's unnecessary parsing 327
A bird called hiibel : the criminalization of silence 357
The Pringle case's new notion of probable cause : an assault on Di Re and the Fourth Amendment 395
The confrontation clause re-rooted and transformed 439
A fistful of denial : the Supreme Court takes a pass on commerce clause challenges to environmental laws 469
The upcoming 2004-2005 term 493
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