ISBN-10:
1259427005
ISBN-13:
9781259427008
Pub. Date:
07/07/2015
Publisher:
McGraw-Hill Education
Taking Sides: Clashing Views on Legal Issues / Edition 17

Taking Sides: Clashing Views on Legal Issues / Edition 17

by M. Ethan Katsh
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Product Details

ISBN-13: 9781259427008
Publisher: McGraw-Hill Education
Publication date: 07/07/2015
Series: Taking Sides Series
Edition description: Older Edition
Pages: 312
Sales rank: 413,451
Product dimensions: 8.50(w) x 10.60(h) x 0.50(d)
Age Range: 18 Years

Table of Contents

Preface vii

Correlation Guide xix

Introduction xxi

Unit 1 Law and Terrorism 1

Issue 1 Should U.S. Citizens Who Are Declared to Be "Enemy Combatants" Be Able to Contest Their Detention Before a Judge? 2

Yes: Sandra Day O'Connor, from Majority Opinion, Hamdi v. Rumsfeld, U.S. Supreme Court (June 28, 2004) 4

No: Clarence Thomas, from Minority Opinion, Hamdi v. Rumsfeld, U.S. Supreme Court (June 28, 2004) 10

Issue 2 Should Foreign Nationals Detained at Guantanamo Bay as "Enemy Combatants" Be Able to Contest Their Detention Before aJudge? 17

Yes: Anthony Kennedy, from Majority Opinion, Boumediene v. Bush, U.S. Supreme Court (June 12, 2008) 19

No: Antonin Scalia, from Dissenting Opinion, Boumediene v. Bush, U.S. Supreme Court (June 12, 2008) 24

Issue 3 Does the President Possess Constitutional Authority to Order Wiretaps on U.S. Citizens? 30

Yes: U.S. Department of Justice, from "Legal Authorities Supporting the Activities of the National Security Agency Described by the President" (January 19, 2006) 32

No: Letter to Congress, from 14 Law Professors and Former Government Attorneys to Congressional Leaders (January 2, 2006) 46

Issue 4 Should Someone Held by the CIA and Interrogated in a Foreign Country Be Allowed to Sue the U.S. Government? 57

Yes: American Civil Liberties Union, from Brief for Plaintiff-Appellant, E!-Masri v. Tenet, et al, U.S. Court of Appeals for the Fourth Circuit (September 25, 2006) 59

No: Robert King, from Opinion, El-Masri v. Tenet, etal, U.S. Court of Appeals for the Fourth Circuit (March 2, 2007) 68

Unit 2 Law and The Individual 81

Issue 5 Is It Constitutional to Ban "Partial-Birth" Abortions WithoutProviding for an Exception to Protect the Health of the Mother? 82

Yes: Anthony Kennedy, from Majority Opinion, Gonzales v. Carhart, U.S. Supreme Court (April 18, 2007) 84

No: Ruth Bader Ginsburg, from Dissenting Opinion, Gonzales v. Carhart, U.S. Supreme Court (April 18, 2007) 92

Issue 6 Are Restrictions on Physician-Assisted Suicide Constitutional? 106

Yes: William H. Rehnquist, from Majority Opinion, Washington et ai. v. Glucksberg et al, U.S. Supreme Court (June 26, 1997) 108

No: Stephen Reinhardt, from Opinion for the Court, Compassion in Dying v. State of Washington, U ,S. Court of Appeals for the Ninth Circuit (1996) 119

Issue 7 Does the Sharing of Music Files Through the Internet Violate Copyright Laws? 131

Yes: Ruth Bader Ginsburg, from Concurring Opinion, Metro-Goldwyn-Mayer Studios v. Grokster, U.S. Supreme Court (June 27, 2005) 133

No: Stephen Breyer, from Concurring Opinion, Metro-Goldwyn-Mayer Studios v. Grokster, U.S. Supreme Court (June 27, 2005) 138

Issue 8 Can the Police Require Individuals to Identify Themselves? 151

Yes: Anthony Kennedy, from Majority Opinion, Larry D. Hiibel v. Sixth Judicial District Court of Nevada, U.S. Supreme Court (June 21,2004) 153

tNo: James P. Logan, Jr., Harriet E. Cummings, and Robert E. Dolan, from A Brief for the Petitioner, HiibeJ v. Sixth Judicial District Court of Nevada, U.S. Supreme Court (2004) 159

Unit 3 Law and The State 169

Issue 9 Do Religious Groups Have a Right to Use Public School Facilities After Hours? 170

Yes: Clarence Thomas, from Majority Opinion, Good News Club etal., v. Milford Central School, U.S. Supreme Court (June 11, 2001) 172

No: David Souter, from Dissenting Opinion, Good News Club et al., v. Milford Central School, U.S. Supreme Court (June 11, 2001) 182

Issue 10 Is a Strip Search of Middle School Students That Is Aimed at Finding Drugs Permissible Under the Fourth Amendment? 190

Yes: David Souter, from Majority Opinion, Safford Unified School District, etal, v. April Redding, U.S. Supreme Court (Tune 25, 2009) 192

No: Clarence Thomas, from Dissenting Opinion, Safford Unified School District, etal., v. April Redding, U.S. Supreme Court (June 25, 2009) 200

Issue 11 Can a School Punish a Student for Speech at a School-Supervised Event Off of School Grounds When That Speech Could Be Viewed as Promoting Illegal Drug Use? 210

Yes: John Roberts, from Majority Opinion, Deborah Morse, et al, v. Joseph Frederick, U.S. Supreme Court (June 25, 2007) 222

No: John Paul Stevens, from Dissenting Opinion, Deborah Morse, et al., v. Joseph Frederick, U.S. Supreme Court (June 25, 2007) 221

Issue 12 Does the "Cruel and Unusual Punishment" Clause of the Eighth Amendment Bar the Imposition of the Death Penalty on Juveniles? 233

Yes: Anthony Kennedy, from Majority Opinion, Roper v. Simmons, U.S. Supreme Court (March 1, 2005) 235

No: Antonin Scalia, from Dissenting Opinion, Roper v. Simmons, U.S. Supreme Court (March 1, 2005) 241

Issue 13 Is a Sentence of Life in Prison for Stealing $150 Worth of Videotapes Constitutional? 250

Yes: Sandra Day O'Connor, from Majority Opinion, Lockyer v. Andrade, U.S. Supreme Court (March 5, 2003) 252

No: David Souter, from Dissenting Opinion, Lockyer v. Andrade, U.S. Supreme Court (March 5, 2003) 260

Issue 14 Is Drug Testing of Students Who Participate in Extracurricular Activities Permitted Under the Fourth Amendment? 266

Yes: Clarence Thomas, from Majority Opinion, Board of Education of Independent School District No. 92 of Pottawatomie County, et al, v. Lindsay Earls, et al, U.S. Supreme Court (June 27, 2002) 268

No: Ruth Bader Ginsburg, from Dissenting Opinion, Board of Education of Independent School District No. 92 of Pottawatomie County, etal, v. Lindsay Earls, etal, U.S. Supreme Court (June 27, 2002) 276

Unit 4 Law and The Community 287

Issue 15 Is There a Constitutional Right to Possess a Firearm for Private Use? 288

Yes: Antonin Scalia, from Majority Opinion, District of Columbia, etal, v. Dick Anthony Heller, U.S. Supreme Court (June 26, 2008) 290

No: John Paul Stevens, from Dissenting Opinion, District of Columbia etal, v. Dick Anthony Heller, U.S. Supreme Court (June 26, 2008) 300

Issue 16 Are Blanket Prohibitions on Cross Burnings Unconstitutional? 311

Yes: Sandra Day O'Connor, from Majority Opinion, Virginia v. Black, etal, U.S. Supreme Court (April 7, 2003) 313

No: Clarence Thomas, from Dissenting Opinion, Virginia v. Black, etal, U.S. Supreme Court (April 7, 2003) 324

Issue 17 Should Same-Sex Couples Receive Constitutional Protection? 332

Yes: Margaret Marshall, from Majority Opinion, Goodridge, etal, v. Department of Public Health, Massachusetts Supreme Judicial Court (2003) 334

No: Robert Cordy, from Minority Opinion, Goodridge, etal, v. Department of Public Health, Massachusetts Supreme Judicial Court (2003) 342

Issue 18 Should Children with Disabilities Be Provided with Extraordinary Care in Order to Attend Regular Classes in Public Schools? 350

Yes: John Paul Stevens, from Majority Opinion, Cedar Rapids Community School District v. Garret F., U.S. Supreme Court (March 3, 1999) 352

No: Clarence Thomas, from Dissenting Opinion, Cedar Rapids Community School District v. Garret F., U.S. Supreme Court (March 3, 1999) 357

Issue 19 Do Race-Conscious Programs in Public University Admissions Policies Violate the Fourteenth Amendment's Guarantee of Equal Protection Under the Law? 362

Yes: Clarence Thomas, from Dissenting Opinion, Barbara Grutter v. lee Bollinger et al, U.S. Supreme Court (June 23, 2003) 364

No: Sandra Day O'Connor, from Majority Opinion, Barbara Grutter v. Lee Bollinger et al, U.S. Supreme Court (June 23, 2003) 371

Contributors 382

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