Freedom and the Court: Civil Rights and Liberties in the United States: Eighth Edition

Freedom and the Court: Civil Rights and Liberties in the United States: Eighth Edition

by Henry J. Abraham, Barbara A. Perry



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Freedom and the Court: Civil Rights and Liberties in the United States: Eighth Edition by Henry J. Abraham, Barbara A. Perry

Since its original publication in 1967, Freedom and the Court has become the standard text on civil liberties law, with more than 100,000 copies in print. This classic is now updated to cover Supreme Court decisions through 2003 and address essential questions of how to reconcile civil liberties—especially personal privacy—with national security in the aftermath of 9/11.

Henry J. Abraham and Barbara A. Perry continue to portray the intriguing human stories behind landmark constitutional law cases as they focus on fundamental issues of individual rights relating to freedom of religion, separation of church and state, freedom of expression, due process, and political, racial, and gender equality. This eighth edition of Freedom and the Court delineates recent pathbreaking developments by the Rehnquist Court in civil rights regarding abortion, affirmative action, capital punishment, computers and the Internet, and the Americans with Disabilities Act. It also analyzes the narrowly divided Court's controversial return to a more state-centered jurisprudence and to certain pre-New Deal, pro-business commitments.

The book's coverage ranges widely to consider criminal rights in light of the 1990s war on crime, free speech cases involving everything from campaign finance to nude dancing, and equal protection pertaining not only to minority litigation but also to the Bush v. Gore decision—whose first oral argument (for the Palm Beach County case) the authors attended at the U.S. Supreme Court. It also explains the ongoing impact of the Court's invalidation of the Religious Freedom Restoration Act of 1993, and it continues to include comprehensive charts for cases involving freedom of religion, separation of church and state, and gender that are unmatched by any other book.

Impeccably researched and enormously readable, Freedom and the Court remains the basic work in the field and is indispensable to the teaching of civil liberties. As the Supreme Court is called upon to act as the nation's constitutional conscience in deciding pressing conflicts regarding terrorism and liberty, it is an essential text and reference for all who would better understand its decisions.

Product Details

ISBN-13: 9780700612611
Publisher: University Press of Kansas
Publication date: 08/01/2003
Pages: 554
Product dimensions: 6.22(w) x 9.20(h) x 1.64(d)

Table of Contents

Preface to the Eighth Editionix
Preface to the First Editionxiii
2.The "Double Standard"8
The Evolution of the Double Standard8
The Expression and Justification of the Double Standard14
3.The Bill of Rights and Its Applicability to the States33
Historical Background33
The Fourteenth Amendment36
The Evolution of "Incorporation"54
Leading Positions on Incorporation95
4.The Fascinating World of "Due Process of Law"106
Some Basic Guidelines106
Substantive and Procedural Due Process of Law109
Due Process of Law in Perspective150
5.The Precious Freedom of Expression176
Judicial Line Formulae177
Some Basic Concepts188
Drawing Lines: Some Brief Examples201
Some Concluding Thoughts250
Some Basic Considerations256
The Free Exercise of Religion271
"Establishment": The Separation of Church and State300
7.Race--The American Dilemma: The Evolving Equal Protection of the Laws367
A Glance at History373
"Separate but Equal": Rise and Demise379
The Quest for Suffrage418
State Action and Beyond: A True Dilemma441
8.Gender and Race Under the New Equal Protection465
A Glance at the Evolving History of Gender Discrimination465
The 1973 Abortion Decisions and Their Offspring481
The Wrench of "Affirmative Action" and "Reverse Discrimination"487
Appendix AStatistical Data on Supreme Court Justices509
Appendix BCivil Rights and Liberties in the Constitution515
General Index519
Name Index530
Case Index538

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