Constitutional Law and Politics / Edition 4

Constitutional Law and Politics / Edition 4

by David M. O'Brien
     
 

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ISBN-10: 0393974405

ISBN-13: 9780393974409

Pub. Date: 01/28/2000

Publisher: Norton, W. W. & Company, Inc.

With over 300 college and university adoptions since its publication, Constitutional Law and Politics is simply the best package choice for your courses in constitutional law, civil rights and civil liberties, and constitutional history. This new edition of a proven classroom favorite features excerpts from major Supreme Court decisions and adds "In Comparative

Overview

With over 300 college and university adoptions since its publication, Constitutional Law and Politics is simply the best package choice for your courses in constitutional law, civil rights and civil liberties, and constitutional history. This new edition of a proven classroom favorite features excerpts from major Supreme Court decisions and adds "In Comparative Perspective" boxes to its array of special-interest boxed material. It thoroughly integrates the historical and political background to legal battles in its discussions and offers up to-the-last term reporting.

Special-interest boxes highlight some of the more interesting legal issues, personalities, and cases.

* The Development of Law boxes show students how current law has evolved by tracing a legal topic over time.
* Constitutional History boxes offer further background on a specific topic.
* Inside the Court boxes give students rare behind-the-scenes views of the Supreme Court.
* Comparative Perspective boxes illustrate how courts around the world have addressed particular constitutional issues. Included are:

"The 'European Model' of Constitutional Courts and Judicial Review"
"Communitarianism, Feminism, and the Canadian Supreme Court's Rulings on Hate Speech and Pornography"
"The Self-Defense Forces Enshrinement Case, the Supreme Court of Japan, and Religious Minorities"
"The Right to Remain Silent and the Exclusion of Incriminating Statements in England, France, Germany, and Italy"
"Capital Punishment around the World"
"The European Court of Justice and the European Union"
"Federalism, Federations, and Confederations"
"Equal Voting Rights and the French Case of Feminine Quotas"

Product Details

ISBN-13:
9780393974409
Publisher:
Norton, W. W. & Company, Inc.
Publication date:
01/28/2000
Series:
Constitutional Law and Politics Series
Edition description:
Older Edition
Product dimensions:
5.58(w) x 9.16(h) x 1.20(d)

Table of Contents

Illustrationsxxv
Prefacexxvii
Acknowledgmentsxxxi
The United States Constitution and Amendments1
Chapter 1.The Supreme Court, Judicial Review, and Constitutional Politics23
A.Establishing and Contesting the Power of Judicial Review27
B.The Politics of Constitutional Interpretation69
Chapter 2.Law and Politics in the Supreme Court: Jurisdiction and Decision-Making Process100
A.Jurisdiction and Justiciable Controversies101
B.The Court's Docket and Screening Cases162
C.The Rule of Four and Agenda Setting165
D.Summarily Decided Cases168
E.The Role of Oral Argument169
F.Conference Deliberations171
G.Postconference Writing and Circulation of Opinions174
H.Opinion Days and Communicating Decisions177
I.The Impact of Supreme Court Decisions: Compliance and Implementation182
Chapter 3.Economic Rights and American Capitalism218
A.The Contract Clause and Vested Interests in Property220
B.The Development and Demise of a "Liberty of Contract"252
C.The "Takings Clause" and Just Compensation285
Chapter 4.The Nationalization of the Bill of Rights299
A.The Selective Nationalization of Guarantees of the Bill of Rights Plus Other Fundamental Rights304
B.The Rise and Retreat of the "Due Process Revolution"348
Chapter 5.Freedom of Expression and Association371
A.Judicial Approaches to the First Amendment381
B.Obscenity, Pornography, and Offensive Speech421
C.Libel509
D.Commercial Speech535
E.Freedom of the Press556
F.Regulating the Broadcast and Cable Media, and the Internet589
G.Fair Trial/Free Press Controversies604
H.Symbolic Speech and Speech-Plus-Conduct612
I.Freedom of Association642
Chapter 6.Freedom from and of Religion655
A.The (Dis) Establishment of Religion663
B.Free Exercise of Religion759
Chapter 7.The Fourth Amendment Guarantee Against Unreasonable Searches and Seizures814
A.Requirements for a Warrant and Reasonable Searches and Seizures817
B.Exceptions to the Warrant Requirement829
C.The Special Problems of Automobiles in a Mobile Society859
D.Other Governmental Searches in the Administrative State883
E.Wiretapping, Bugging, and Police Surveillance906
F.The Exclusionary Rule931
Chapter 8.The Fifth Amendment Guarantee Against Self-Accusation970
A.Coerced Confessions and Police Interrogations979
B.Grants of Immunity1035
C.Real Versus Testimonial Evidence1036
D.Required Records, Private Papers, and Custodial Possession1038
Chapter 9.The Rights to Counsel and Other Procedural Guarantees1043
A.The Right to Counsel1043
B.Plea Bargaining and the Right to Effective Counsel1058
C.Indictment by a Grand Jury1067
D.The Right to an Impartial Jury Trial1069
E.A Speedy and Public Trial1088
F.The Rights to Be Informed of Charges and to Confront Accusers1089
G.The Guarantee Against Double Jeopardy1093
H.The Guarantee Against Excessive Bail and Fines1098
I.Indigents and the Criminal Justice System1100
Chapter 10.Cruel and Unusual Punishment1104
A.Noncapital Punishment1106
B.Capital Punishment1115
Chapter 11.The Right of Privacy1185
A.Privacy and Reproductive Freedom1189
B.Privacy and Personal Autonomy1238
Chapter 12.The Equal Protection of the Laws1277
A.Racial Discrimination and State Action1287
B.Racial Discrimination in Education1333
C.Affirmative Action and Reverse Discrimination1388
D.Nonracial Classifications and the Equal Protection of the Laws1449
Appendix AResearching Legal Materials and Law-Related Sources on the Web1537
Appendix BThe How, Why, and What to Briefing and Citing Court Cases1545
Members of the Supreme Court of the United States1549
Biographies of Current Justices1553
Glossary1559
Index of Cases1565
General Index1582

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