Constitutional Law for a Changing America: Rights, Liberties, and Justice

Constitutional Law for a Changing America: Rights, Liberties, and Justice

by Lee J. Epstein, Thomas G. Walker

NOOK BookTenth Edition (eBook - Tenth Edition)

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Overview

Capturing the authors’ excitement for constitutional law, this updated Tenth Edition of Constitutional Law for a Changing America shows you how judicial decisions are influenced by political factors—from lawyers and interest groups, to the shifting sentiments of public opinion, to the ideological and behavioral inclinations of the justices. Authors Lee Epstein and Thomas G. Walker show how these dynamics shape the development of constitutional doctrine. Known for fastidious revising and streamlining, the authors incorporate the latest scholarship in the fields of both political science and legal studies and offer solid analysis of both classic and contemporary landmark cases, including key opinions handed down through the 2017 session. Filled with additional supporting material—photographs of the litigants, sidebars comparing the United States with other nations, and “Aftermath” boxes that tell the stories of the parties' lives after the Supreme Court has acted—the text helps you develop a thorough understanding of the way the U.S. Constitution protects civil rights and liberties.

Product Details

ISBN-13: 9781506380315
Publisher: SAGE Publications
Publication date: 07/26/2018
Series: Constitutional Law for a Changing America
Sold by: Barnes & Noble
Format: NOOK Book
Pages: 792
Sales rank: 1,137,028
File size: 12 MB
Note: This product may take a few minutes to download.

About the Author

Lee Epstein is Ethan A.H. Shepley Distinguished University Professor at Washington University in St. Louis. She is also a fellow of the American Academy of Arts and Sciences and of the American Academy of Political and Social Science. A recipient of 12 grants from the National Science Foundation for her work on law and legal institutions, Epstein has authored or co-authored over 100 articles and essays, as well as 15 books, including The Choices Justices Make (co-authored with Jack Knight), which won the Pritchett Award for the Best Book on Law and Courts and the Lasting Contribution Award for making a “lasting impression on the field of law and courts.” The Constitutional Law for a Changing America series (co-authored with Thomas G. Walker) received the Teaching and Mentoring Award from the Law and Courts Section of the American Political Science Association. Her most recent books are The Behavior of Federal Judges, with William M. Landes and Richard A. Posner, and An Introduction to Empirical Legal Research, with Andrew D. Martin.
Thomas G. Walker is the Goodrich C. White Professor of Political Science at Emory University, where he teaches courses in constitutional law and the judicial process. He is the coauthor of A Court Divided (1988), with Deborah Barrow, which won the V. O. Key, Jr. Award for the best book on southern politics, and the Constitutional Law for a Changing America series, with Lee Epstein. He is also author of Eligible for Execution: The Story of the Daryl Atkins Case (2009).

Table of Contents

Chronological Table of Cases
Tables, Figures, and Boxes
Preface
PART I. THE SUPREME COURT AND THE CONSTITUTION
The Living Constitution
The Road to the Bill of Rights
The Amendment Process
The Supreme Court and the Amendment Process
CHAPTER 1. Understanding the U.S. Supreme Court
Processing Supreme Court Cases
Supreme Court Decision Making: Legalism
Supreme Court Decision Making: Realism
Conducting Research on the Supreme Court
Annotated Readings
CHAPTER 2. The Judiciary: Institutional Powers and Constraints
Judicial Review
Constraints on Judicial Power
Annotated Readings
CHAPTER 3. Incorporation of the Bill of Rights
Must States Abide by the Bill of Rights? Initial Responses
Incorporation through the Fourteenth Amendment: Early Interpretations
Tests Emerge
Incorporation in the Aftermath of Palko
Annotated Readings
PART II. CIVIL LIBERTIES
Approaching Civil Liberties
CHAPTER 4. Religion: Exercise and Establishment
Defining Religion
Free Exercise of Religion
Religious Establishment
Annotated Readings
CHAPTER 5. Freedom of Speech, Assembly, and Association
The Development of Legal Standards
Contemporary Tests and Constitutional Guidelines
Content and Contexts
Annotated Readings
CHAPTER 6. Freedom of the Press
Prior Restraint
Government Control of Press Content
News Gathering and Special Rights
Annotated Readings
CHAPTER 7. The Boundaries of Free Expression: Libel, Obscenity, and Emerging Areas of Government Regulation
Libel
Obscenity
Cruelty and Violence
Annotated Readings
CHAPTER 8. The Right to Keep and Bear Arms
Initial Interpretations
The Second Amendment Revisited
Heller and the States
Annotated Readings
CHAPTER 9. Privacy and Personal Liberty
The Right to Privacy: Foundations
Reproductive Freedom and the Right to Privacy: Abortion
Personal Liberty and Privacy beyond Reproductive Freedom
Annotated Readings
PART III. THE RIGHTS OF THE CRIMINALLY ACCUSED
The Criminal Justice System and Constitutional Rights
Overview of the Criminal Justice System
Trends in Court Decision Making
CHAPTER 10. Investigations and Evidence
Searches and Seizures
Enforcing the Fourth Amendment: The Exclusionary Rule
The Fifth Amendment and Self-Incrimination
Annotated Readings
CHAPTER 11. Attorneys, Trials, and Punishments
The Right to Counsel
The Pretrial Period and the Right to Bail
The Sixth Amendment and Fair Trials
Trial Proceedings
Final Trial Stage: An Overview of Sentencing
The Eighth Amendment
Posttrial Protections and the Double Jeopardy Clause
Postrelease Protections
Annotated Readings
PART IV. CIVIL RIGHTS
Civil Rights and the Constitution
The Fourteenth Amendment
The Fifteenth Amendment
CHAPTER 12. Race Discrimination and the Foundations of Equal Protection
Initial Approaches to the Fourteenth Amendment
State Action Requirement
Annotated Readings
CHAPTER 13. Contemporary Approaches to Equal Protection
Rational Basis Scrutiny
Strict Scrutiny and Claims of Race Discrimination
Heightened Scrutiny and Claims of Gender Discrimination
Discrimination Based on Sexual Orientation
Discrimination Based on Economic Status
Discrimination against Aliens
The Future of Discrimination Law
Annotated Readings
CHAPTER 14. Voting and Representation
Elections and the Supreme Court
Voting Rights
Regulation of Election Campaigns
Political Representation
Annotated Readings
Reference Material
Appendix 1. Constitution of the United States
Appendix 2. The Justices
Appendix 3. Glossary
Appendix 4. Online Case Archive Index
Case Index
Subject Index

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