Constitutional Law/the American Constitution/Constitutional Rights and Liberties : 2005 Supplement to Ninth Editions

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ISBN: 9780314162069 | 0314162062
Cover: Paperback
Copyright: 8/22/2005

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Supplemental Materials

Preface	p. iii
Table of Cases	p. xi
Nature and Scope of Judicial Review	p. 1
Political Questions	p. 1
Vieth v. Jubelirer	p. 1
Bush v. Palm Beach County Canvassing Board	p. 2
Bush v. Gore	p. 2
Congressional Regulation of Judicial Power	p. 2
INS v. St. Cyr	p. 2
National Legislative Power	p. 4
The National Commerce Power	p. 4
New Limitations at the End of the 20th Century	p. 4
Gonzales v. Raich	p. 4
Pierce County v. Guillen	p. 8
The National Taxing and Spending Powers Regulation Through Spending	p. 8
Sabri v. United States	p. 8
Applying National Powers to State Governments: Intergovernmental Immunities	p. 9
State Immunity From Federal Regulation	p. 9
Jinks v. Richland County	p. 9
Distribution of Federal Powers: Separation of Powers	p. 10
Congressional Action Affecting "Presidential" Powers	p. 10
Delegation of Rulemaking Power	p. 10
Whitman v. American Trucking Assn's, Inc.	p. 10
Individual Rights and the War on Terrorism	p. 11
Hamdi v. Rumsfeld	p. 11
Rasul v. Bush	p. 22
Rumsfeld v. Padilla	p. 23
Executive Privilege and Immunity	p. 23
Cheney v. U.S. Dist. Ct.	p. 23
State Power to Regulate	p. 25
State Regulation When Congress' Power is "Dormant": History and Fundamental Issues	p. 25
Congressional Authorization of State Regulation	p. 25
Hillside Dairy Inc. v. Lyons	p. 25
Cases and Doctrine	p. 25
Regulations that Burden Out-of-State Suppliers Seeking in-State Markets: Basic Themes and Distinctions	p. 25
Granholm v. Heald	p. 25
Interstate Privileges and Immunities Clause	p. 26
Hillside Dairy, Inc. v. Lyons	p. 26
State Power to Tax	p. 26
American Trucking Ass'ns Inc. v. Michigan Public Serv. Comm'n	p. 26
Substantive Protection of Economic Interests	p. 27
Other Limits on Economic Legislation: The Prohibition Against "Taking" "Private Property" Without Just Compensation	p. 27
Purpose of Taking	p. 27
Kelo v. New London	p. 27
When is "Regulation" of Property Tantamount to a "Taking"?	p. 35
Palazzolo v. Rhode Island	p. 35
Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency	p. 36
What Constitutes "Property" for Purposes of the Takings Clause?	p. 43
Brown v. Legal Foundation of Washington	p. 43
Protection of Individual Rights; Due Process, the Bill of Rights and Nontextual Constitutional Rights	p. 45
Nature and Scope of Fourteenth Amendment Due Process; Applicability of the Bill of Rights to the States	p. 45
The Ordered Liberty-"Fundamental Fairness," "Total Incorporation" and Selective Incorporation Theories	p. 45
Roper v. Simmons	p. 45
The Retroactive Effect of a Holding of Unconstitutionality	p. 45
Schriro v. Summerlin	p. 45
The Right of "Privacy" (or "Autonomy" or "Personhood")	p. 49
Family Living Arrangements, Parental Rights, and the Right to Marry	p. 49
Criticism of Bowers v. Hardwick	p. 50
Lawrence v. Texas	p. 50
The Death Penalty and Related Problems: Cruel and Unusual Punishment	p. 62
New Restrictions on Imposition of the Death Penalty	p. 62
Roper v. Simmons	p. 63
Ring v. Arizona	p. 68
Procedural Due Process in Non-Criminal Cases	p. 71
Deprivation of "Liberty" and "Property" Interests	p. 71
Castle Rock v. Gonzales	p. 71
Constitutional-Criminal Procedure	p. 78
Arrest, Search and Seizure	p. 78
Protected Areas and Interests	p. 78
Kyllo v. United States	p. 78
Police Interrogation and Confessions	p. 83
Can Congress "Repeal" Miranda?	p. 83
Congress vs. the Court	p. 83
Individual Rights and the War on Terrorism	p. 84
Hamdi v. Rumsfeld	p. 84
Freedom of Expression and Association	p. 85
What Speech is Not Protected?	p. 85
Ownership of Speech	p. 85
Harper & Row v. Nation Enterprises	p. 85
Eldred v. Ashcroft	p. 91
Should New Categories be Created?	p. 92
Ashcroft v. Free Speech Coalition	p. 93
Judicial Elections	p. 95
Republican Party of Minnesota v. White	p. 95
Distinguishing Between Content Regulation and Manner Regulation: Unconventional Forms of Communication	p. 101
Virginia v. Hicks	p. 101
Is Some Protected Speech Less Equal Than Other Protected Speech?	p. 102
Near Obscene Speech	p. 102
Los Angeles v. Alameda Books	p. 102
Commercial Speech	p. 103
Thompson v. Western States Medical Center	p. 103
Lorillard Tobacco Co. v. Reilly	p. 104
Conceiving and Reconceiving the Structure of First Amendment Doctrine: Hate Speech Revisited-Again	p. 113
Virginia v. Black	p. 114
Prior Restraints	p. 119
Foundation Cases	p. 119
Watchtower Bible & Tract Society v. Stratton	p. 119
Justice and Newsgathering	p. 122
Newsgatherings	p. 122
Food Lion Inc. v. Capital Cities/ABC Inc.	p. 123
Wilson v. Layne	p. 129
Bartnicki v. Vopper	p. 130
Prior Restraints, Obscenity, and Commercial Speech	p. 135
City of Littleton v. Z.J. Gifts D-4	p. 135
Thomas v. Chicago Park Dist	p. 135
Government Property and the Public Forum	p. 135
New Forums	p. 135
Government Support of Speech	p. 135
Subsidies of Speech	p. 135
Legal Services Corp. v. Velazquez	p. 135
Government as Educator and Editor	p. 139
United States v. American Library Association, Inc.	p. 139
Cook v. Gralike	p. 146
The Electronic Media	p. 146
The Electronic Media and Content Regulation	p. 146
Ashcroft v. American Civil Liberties Union (I)	p. 146
Ashcroft v. American Civil Liberties Union (II)	p. 147
The Right Not to Speak, The Right to Associate, and the Right Not to Associate	p. 151
The Right Not to Be Associated With Particular Ideas	p. 151
Freedom of Association and Employment	p. 152
United States v. United Foods, Inc.	p. 152
Johanns v. Livestock Marketing Ass'n	p. 153
Political Association and Political Parties	p. 155
Wealth and the Political Process: Concerns for Equality	p. 155
FEC v. Colorado Republican Federal Campaign Comm.	p. 155
McConnell v. Federal Election Commission	p. 156
Freedom of Religion	p. 165
Establishment Clause	p. 165
Aid to Religion	p. 165
Zelman v. Simmons-Harris	p. 165
Religion and Public Schools	p. 175
Good News Club v. Milford Central School	p. 175
Official Acknowledgement of Religion	p. 176
McCreary County v. ACLU	p. 176
Van Orden v. Perry	p. 179
Newdow v. U.S. Congress	p. 185
Elk Grove Unified School Dist. v. Newdow	p. 187
Free Exercise Clause and Related Problems	p. 189
Conflict with State Regulation	p. 189
Locke v. Davey	p. 189
Conflict Between the Clauses	p. 191
Cutter v. Wilkinson	p. 191
Equal Protection	p. 193
Traditional Approach	p. 193
Fitzgerald v. Racing Ass'n	p. 193
Race and Ethnic Ancestry	p. 193
Discrimination Against Racial and Ethnic Minorities	p. 193
Johnson v. California	p. 194
Affirmative Action and "Benign" Discrimination	p. 195
Grutter v. Bollinger	p. 195
Gratz v. Bollinger	p. 209
Special Scrutiny for Other Classifications: Doctrine and Debates	p. 215
Illegitimacy and Related Classifications	p. 215
Nguyen v. Ins.	p. 215
Sexual Orientation	p. 216
Lawrence v. Texas	p. 216
"Fundamental Rights"	p. 218
Voting	p. 218
"Dilution" of the Right: Apportionment	p. 218
Vieth v. Jubelirer	p. 218
Equality in the Counting and Recounting of Votes	p. 223
Racial Gerrymandering Revisited: "Benign" or "Remedial" Race-Conscious Districting	p. 226
Hunt v. Cromartie (II)	p. 226
Access to the Courts	p. 227
Halbert v. Michigan	p. 227
The Concepts of State Action	p. 228
Developments in the 1980s and 1990s	p. 228
Brentwood Academy v. Tennessee Secondary School Athletic Ass'n	p. 228
Congressional Enforcement of Civil Rights	p. 230
Regulation of State Actors	p. 230
Board of Trustees of Univ. of Ala. v. Garrett	p. 230
Nevada Dep't of Human Resources v. Hibbs	p. 234
Tennessee v. Lane	p. 240
Limitations on Judicial Power and Review	p. 245
Standing	p. 245
The Structure of Standing Doctrine	p. 245
Utah v. Evans	p. 245
Elk Grove United School Dist. v. Newdow	p. 245
Timing of Adjudication	p. 246
Ripeness	p. 246
National Park Hospitality Ass'n v. Department of Interior	p. 246
Table of Contents provided by Ingram. All Rights Reserved.

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Constitutional Law/the American Constitution/Constitutional Rights and Liberties : 2005 Supplement to Ninth Editions

Table of Contents

Supplemental Materials