Contemporary Supreme Court Cases

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Overview

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.

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Product Details

  • ISBN-13: 9780313335143
  • Publisher: ABC-CLIO, Incorporated
  • Publication date: 8/30/2006
  • Pages: 278
  • Product dimensions: 7.00 (w) x 10.00 (h) x 0.69 (d)

Meet the Author

DONALD E. LIVELY is Vice President for Program Development for InfiLaw, the parent company of Florida Coastal School of Law, Phoenix International School of Law, and Charlotte School of Law. He has two decades of experience as a legal educator and is the founding dean of Florida Coastal School of Law and Phoenix International School of Law. Dean Lively has written numerous books and articles, has won book awards, and has spoken and lectured to national and international audiences, on constitutional law and law and policy.

RUSSELL L. WEAVER has published numerous books and articles about the United States Constitution including the First Amendment and various aspects of criminal procedure. In addition, he has spoken at conferences around the world, and regularly teaches in various foreign countries including France, Germany, Canada and Australia. He has also served as a consultant to the constitutional commissions in both Belarus and Kyrghyzstan, and he was asked to submit written comments on the Russian Constitution.

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Table of Contents

I Separation and distribution of powers
1 The power of judicial review 3
2 The power of the president 6
3 The power of Congress 15
II Power to regulate or affect the economy
4 Federal power 21
5 State power 25
6 Federal preemption of state power 28
7 Privileges and immunities 31
III Equality concepts
8 Race 37
9 Gender 59
10 Fundamental rights 65
IV Individual rights and liberties
11 First amendment : freedom of speech (content regulation) 75
12 First amendment : freedom of speech (content neutral regulation) 108
13 First amendment : freedom of association 125
14 First amendment : freedom of the press 129
15 First amendment : freedom of religion 155
16 Fourth amendment : search and seizure 180
17 Due process : confessions and entrapment 198
18 Fifth amendment : takings 205
19 Sixth amendment : right to counsel 210
20 Fourteenth amendment : right of privacy 216
App The constitution of the United States 235
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