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THE LANAHAN READINGS |
| Introduction |
| 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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