in Civil Rights and Civil Liberties, Third Edition
edited by David M. O'Brien
978-1-930398-14-6   2003  $32.00  ($25.60 to bookstores)

PART ONE    The Supreme Court and the Construction of Civil Rights and Liberties
1. The Federalist No. 78   ALEXANDER HAMILTON
    [The classic defense of the establishment of a federal judiciary and its role in interpreting the Constitution: 1788]
2. Constitutional Interpretation: A Contemporary Ratification   JUSTICE WILLIAM J. BRENNAN, JR.
    [Reflections on interpreting and applying the Constitution and the Bill of Rights to contemporary controversies: 1985]
3. Originalism: The Lesser Evil   JUSTICE ANTONIN SCALIA
    [Countering the jurisprudence of judges like Justice Brennan, a defense of basing the interpretation of the Constitution and Bill of Rights on the "original understanding" of those documents: 1989]
4. Our Democratic Constitution   JUSTICE STEPHEN G. BREYER
    [Advocating a pragmatic or consequentialist approach to interpreting the Constitution and the Bill of Rights in order to promote "active liberty": 2002]
PART TWO    Due Process In Historical Perspective
5. The Path of Due Process of Law   WALTON H. HAMILTON
    [The development of a "liberty of contract" in historical perspective: 1938]
6. Economic Due Process and the Supreme Court: An Exhumation and Reburial   ROBERT G. MCCLOSKEY
    [A political scientist looks at the Court's post-1937 problematic "double standard" concerning civil rights and economic rights: 1962]
7. The Nationalization of the Bill of Rights in Perspective   RICHARD C. CORTNER
    [An examination of the bases for the Court's "due process revolution": 1981]
8. Due Process, Government Inaction, and Private Wrongs   DAVID A. STRAUSS
    [A legal scholar critically assesses the Supreme Court's rejection of broader claims of substantive and procedural due process: 1989]
PART THREE    Freedom of Expression
9. The System of Freedom of Expression   THOMAS I. EMERSON
    [The basic normative principles and liberal justifications underlying an expansive protection of freedom of speech and press: 1970]
10. Arguing the "Pentagon Papers" Case   ERWIN N. GRISWOLD
    [An insider's account of the "Pentagon Papers" case during the heated and controversial war in Vietnam: 1992]
11. Defending Pornography   NADINE STROSSEN
    [A former ACLU president defends First Amendment protections against claims to greater gender equality: 1995]
12. Communication and the Capitalist Culture   RONALD K. L. COLLINS and DAVID M. SKOVER
    [The manipulations of mass commercial communications' sound-bites and advertising's provocative images versus James Madison's ideal of deliberative debate and individual self determination: 1996]
PART FOUR    Freedom of Religion
13. Habits of the Heart   ROBERT N. BELLAH and OTHERS
    [A team of sociologists reports on individualism and religious pluralism and argues that Americans find fulfillment in religious communities that historically have unified, rather than divided, support for religious freedom and a civic religion: 1985]
14. Culture Wars: The Struggle to Define America   JAMES DAVIDSON HUNTER
    [Sociologist Hunter examines the emerging alliances of religious groups and their battles over family, art, education, and law: 1991]
15. Blasphemy   LEONARD W. LEVY
    [An historian considers blasphemy and its protection under the First Amendment: 1993]
PART FIVE    The Rights of the Accused and Criminal Justice
16. Security Versus Civil Liberties   JUDGE RICHARD A. POSNER
    [A judge considers the tradeoff between security and liberty in the aftermath of the terrorist attacks of September 11, 2001, and the "war against international terrorism": 2001]
17. Terrorism and the Constitution   DAVID COLE and JAMES X. DEMPSEY
    [An argument in defense of civil rights and civil liberties against claims of national security: 2006]
18. Mapp v. Ohio and the Fourth Amendment   PRISCILLA H. MACHADO ZOTTI
    [A political scientist tells the story behind the Supreme Court case that extended the Fourth Amendment's exclusionary rule to state as well as federal courts: 2005]
19. Fourth Amendment First Principles   AKHIL REED AMAR
    [A legal scholar critically examines recent Court rulings on "unreasonable searches and seizures" and argues that the Court should abandon the "exclusionary rule": 1997]
20. Blind Spot: Racial Profiling, Meet Your Alter Ego: Affirmative Action   RANDALL KENNEDY
    [A legal scholar juxtaposes the controversies over racial profiling and affirmative action: 2002]
21. Homicide: A Year on the Killing Streets   DAVID SIMON
    [Journalist-writer Simon takes a hard look at police questioning "outside of Miranda" in real interrogation rooms: 1991]
22. Gideon's Trumpet   ANTHONY LEWIS
    [The classic story of Gideon v. Wainwright and the right to counsel in state courts: 1964]
23. Search and Destroy: African-American Males in the Criminal Justice System   JEROME G. MILLER
    [How the "war on drugs" and the "war on crime" has a disproportionate impact on African-Americans: 1996]
PART SIX    Capital Punishment
24. Witness to Another Execution   SUSAN BLAUSTEIN
    [A journalist's meditations before and after witnessing an execution: 1994]
25. For Capital Punishment: Crime and the Morality of the Death Penalty   WALTER BERNS
    [Why those who commit heinously cruel crimes ought to be executed: 1979]
26. Capital Punishment: The Inevitability of Caprice and Mistake   CHARLES L. BLACK, JR.
    [The argument against capital punishment because of the inevitability of mistakes: 1974]
27. The Broken Machinery of Death   ALAN BERLOW
    [Places recent moratoriums on executions and the current debate over capital punishment in historical and political perspective: 2001]
PART SEVEN    The Quest for Social Equality and Personal Liberty
28. Simple Justice: The History of Brown v. Board of Education   RICHARD KLUGER
    [An historical and political perspective on the landmark school desegregation case: 1977]
29. Dismantling Desegregation: The Quiet Reversal of Brown v. Board of Education   GARY ORFIELD and SUSAN E. EATON
    [How the Rehnquist Court's rulings and contemporary housing patterns are returning the nation to systems of increasingly segregated schools: 1996]
30. The Equality Crisis: Some Reflections on Culture, Courts, and Feminism   WENDY W. WILLIAMS
    [A legal scholar's review of the Court's application of the Fourteenth Amendment's equal protection clause to claims of gender discrimination: 1982]
31. Speaking in a Judicial Voice: Reflections on Roe v. Wade   JUSTICE RUTH BADER GINSBURG
    [Reflections on Roe v. Wade and the quest for gender equality in the courts prior to the author's appointment to the Supreme Court: 1992]
32. Sex, Death, and the Courts   RONALD DWORKIN
    [A legal scholar draws parallels between a woman's right to abortion and homosexuals' claims against discrimination and a person's right to physician-assisted suicide: 1996]
33. Sexual Harassment and the Ironies of the 1964 Civil Rights Act   DAVID M. O'BRIEN
    [The story of how the 1964 Civil Rights Act came to apply to heterosexual and homosexual harassment in the workplace: 2002]
34. Rethinking the Civil Rights and Civil Liberties Revolution   MICHAEL J. KLARMAN
    [Is the Court leading the struggle to advance civil rights and liberties or merely validating emerging national political consensus?: 1996]
35. Constitutional Futurology, or What Are Courts Good For?   JEFFREY ROSEN
    [A legal scholar argues that courts are the most democratic branch and serve America in defending basic civil rights and liberties: 2006]

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