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The Oxford Companion to the Supreme Court of the United States by Kermit L. Hall (Editor); James W. Ely; Joel B. GrossmanThe Supreme Court has continued to write constitutional history over the thirteen years since publication of the highly acclaimed first edition of The Oxford Companion to the Supreme Court. Two new justices have joined the high court, more than 800 cases have been decided, and a good deal ofnew scholarship has appeared on many of the topics treated in the Companion. Chief Justice William H. Rehnquist presided over the impeachment trial of President Bill Clinton, and the Court as a whole played a decisive and controversial role in the outcome of the 2000 presidential election. UnderRehnquists's leadership, a bare majority of the justices have rewritten significant areas of the law dealing with federalism, sovereign immunity, and the commerce power. This new edition includes new entries on key cases and fully updated treatment of crucial areas of constitutional law, such as abortion, freedom of religion, school desegregation, freedom of speech, voting rights, military tribunals, and the rights of the accused. These developments make the secondedition of this accessible and authoritative guide essential for judges, lawyers, academics, journalists, and anyone interested in the impact of the Court's decisions on American society.
Publication Date: 2005
U. S. Supreme Court Cases on Gender and Sexual Equality by Christopher A. AnzaloneThis book includes every Supreme Court case relevant to gender and sexual equality from the Court's beginnings in 1787 to the end of the 1999/2000 term. It is a primary document reference book, organized topically in eight chapter civic and social rights and duties; educational policies and instructions; employment and careers; sexual privacy and procreative rights; morality and sexual ethics; family; gender and sexual orientation; and other issues. Every case is included either as a full (edited) version of the majority or per curiam opinion, extensive excerpts of the opinion, or a detailed description of the case. In one book, a researcher can see how American legal history, in its entirety, played out. Back matter includes a table of cases and an extensive bibliography of books and legal periodicals.
Publication Date: 2001
Individual Rights and Liberties under the U. S. Constitution: The Case Law of the U.S. Supreme Court by Ioannis G. DimitrakopoulosIndividual Rights and Liberties Under the U.S. Constitution references more than 2,500 U.S. Supreme Court opinions and covers ten major decisional areas: general issues of constitutional rights; procedural rights; personal inviolability and liberty; substantive guarantees against criminal or civil penalties; personal or family privacy and autonomy; searches and seizures; freedoms of conscience, thought, and religion; freedoms of speech, press, assembly, and association; substantive protection of property rights and economic interests; and equal protection. It also includes a comprehensive introductory chapter on the Supreme Court.
Publication Date: 2007
Mass Incarceration on Trial: A Remarkable Court Decision and the Future of Prisons in America by Jonathan SimonFor nearly 40 years the United States has been gripped by policies that have placed more than 2.5 million Americans in jails and prisons designed to hold a fraction of that number of inmates. Our prisons are not only vast and overcrowded, they are degrading. Mass Incarceration on Trial examines a series of landmark decisions about prison conditions that has opened an unexpected escape route from this trap of tough on crime' politics. This set of rulings points toward values that could restore legitimate order to American prisons and lead to the end of mass incarceration.'
Publication Date: 2014
Impartial Justice: The Real Supreme Court Cases That Define the Constitutional Right to a Neutral and Detached Decisionmaker by Eric T. KasperThis book examines the right to a neutral and detached decisionmaker as interpreted by the U.S. Supreme Court. This right resides in the Constitution's Fifth Amendment and Fourteenth Amendment guarantees to procedural due process and in the Sixth Amendment's promise of an impartial jury. Supreme Court cases on these topics are the vehicles to understand how these constitutional rights have come alive. First, the book surveys the right to an impartial jury in criminal cases by telling the stories of defendants whose convictions were overturned after they were the victims of prejudicial pretrial publicity, mob justice, and discriminatory jury selection. Next, the book articulates how our modern notion of judicial impartiality was forged by the Court striking down cases where judges were bribed, where they had other direct financial stakes in the outcome of the case, and where a judge decided the case of a major campaign supporter. Finally, the book traces the development of the right to a neutral decisionmaker in quasi-judicial, non-court settings, including cases involving parole revocation, medical license review, mental health commitments, prison discipline, and enemy combatants. Each chapter begins with the typically shocking facts of these cases being retold, and each chapter ends with a critical examination of the Supreme Court's ultimate decisions in these cases.
Publication Date: 2013
Essential Supreme Court Decisions: Summaries of Leading Cases in U.S. Constitutional Law by John R. VileThis landmark book has long been the gold standard of concise summaries of important U.S. Supreme Court cases in U.S. constitutional law. The book incorporates every facet of constitutional law, including the powers and privileges of the three branches of the national government, federalism, war powers, and extensive briefs on civil rights and liberties. This new edition has been thoroughly revised, reorganized, and updated through the end of the 2008 term.
Publication Date: 2010
Cross Purposes: Pierce V. Society of Sisters and the Struggle Over Compulsory Public Education by Paula Abrams"A definitive study of an extremely important, though curiously neglected, Supreme Court decision, Pierce v. Society of Sisters." ---Robert O'Neil, Professor of Law Emeritus, University of Virginia School of Law "A careful and captivating examination of a dramatic and instructive clash between nationalism and religious pluralism, and of the ancient but ongoing struggle for control over the education of children and the formation of citizens." ---Richard W. Garnett, Professor of Law and Associate Dean, Notre Dame Law School "A well-written, well-researched blend of law, politics, and history." ---Joan DelFattore, Professor of English and Legal Studies, University of Delaware In 1922, the people of Oregon passed legislation requiring all children to attend public schools. For the nativists and progressives who hadnbsp;campaigned for the Oregon School Bill, it marked the first victory in a national campaign to homogenize education---and ultimately the populace. Private schools, both secular and religious, vowed to challenge the law. The Catholic Church, the largest provider of private education in the country and the primary target of the Ku Klux Klan campaign, stepped forward to lead the fight all the way to the U.S. Supreme Court. In Pierce v. Society of Sisters (1925), the court declared the Oregon School Bill unconstitutional and ruled that parents have the right to determine how their children should be educated. Since then, Pierce has provided a precedent in many cases pitting parents against the state. Paula Abrams is Professor of Constitutional Law at Lewis & Clark Law School.
Publication Date: 2009
Complex Justice: The Case of Missouri V. Jenkins by Joshua M. DunnIn 1987 Judge Russell Clark mandated tax increases to help pay for improvements to the Kansas City, Missouri, School District in an effort to lure white students and quality teachers back to the inner-city district. Yet even after increasing employee salaries and constructing elaborate facilities at a cost of more than $2 billion, the district remained overwhelmingly segregated and student achievement remained far below national averages. Just eight years later the U.S. Supreme Court began reversing these initiatives, signifying a major retreat from Brown v. Board of Education. In Kansas City, African American families opposed to the district court's efforts organized a takeover of the school board and requested that the court case be closed. Joshua Dunn argues that Judge Clark's ruling was not the result of tyrannical "judicial activism" but was rather the logical outcome of previous contradictory Supreme Court doctrines. High Court decisions, Dunn explains, necessarily limit the policy choices available to lower court judges, introducing complications the Supreme Court would not anticipate. He demonstrates that the Kansas City case is a model lesson for the types of problems that develop for lower courts in any area in which the Supreme Court attempts to create significant change. Dunn's exploration of this landmark case deepens our understanding of when courts can and cannot successfully create and manage public policy.
Publication Date: 2008
Race, Labor and Civil Rights: Griggs Versus Duke Power and the Struggle for Equal Employment Opportunity by Robert Samuel SmithIn 1966, thirteen black employees of the Duke Power Company's Dan River Plant in Draper, North Carolina, filed a lawsuit against the company challenging its requirement of a high school diploma or a passing grade on an intelligence test for internal transfer or promotion. In the groundbreaking decision Griggs v. Duke Power (1971), the United States Supreme Court ruled in favor of the plaintiffs, finding such employment practices violated Title 7 of the Civil Rights Act of 1964 when they disparately affected minorities. In doing so, the court delivered a significant anti-employment discrimination verdict. Legal scholars rank Griggs v. Duke Power on par with Brown v. Board of Education (1954) in terms of its impact on eradicating race discrimination from American institutions. In Race, Labor, and Civil Rights, Robert Samuel Smith offers the first full-length historical examination of this important case and its connection to civil rights activism during the second half of the 1960s. Smith explores all aspects of Griggs, highlighting the sustained energy of the grassroots civil rights community and the critical importance of courtroom activism. Smith shows that after years of nonviolent, direct action protests, African Americans remained vigilant in the 1960s, heading back to the courts to reinvigorate the civil rights acts in an effort to remove the lingering institutional bias left from decades of overt racism. He asserts that alongside the more boisterous expressions of black radicalism of the late sixties, foot soldiers and local leaders of the civil rights community -- many of whom were working-class black southerners -- mustered ongoing legal efforts to mold Title 7 into meaningful law. Smith also highlights the persistent judicial activism of the NAACP-Legal Defense and Education Fund and the ascension of the second generation of civil rights attorneys. By exploring the virtually untold story of Griggs v. Duke Power, Smith's enlightening study connects the case and the campaign for equal employment opportunity to the broader civil rights movement and reveals the civil rights community's continued spirit of legal activism well into the 1970s.
Publication Date: 2008
Illustrated Great Decisions of the Supreme Court by Tony MauroAcclaimed by researchers, students, and general readers, this informative, lively, and easy-to-use volume fills the public need for information about key recent and historical cases before the U.S. Supreme Court. Now significantly updated, this new edition includes all the new major cases-over twenty five in total-handed down by the Court since the first edition was published in 2000. The new entries include many high-profile cases that have stirred public controversy, including: Boy Scouts of America v. Dale (2000), granting the right to exclude homosexuals from leadership positions in the Boy Scouts;′′′′Bush v. Gore (2000), ceasing ballot recounts in the 2000 presidential election; PGA Tour v. Martin (2001), obliging the PGA to accommodate a disabled golfer;′′′′Lawrence v. Texas (2003), stating that a law criminalizing same-sex sodomy violates due process; Gratz/Grutter v. Bollinger (2003), stating that an affirmative action program to achieve diversity in universities may or may not violate the equal protection clause, depending on how it's implemented. In each of the over 100 cases summarized, author Tony Mauro succinctly describes the decision, provides background and facts of the case, the vote and highlights of the decision with verbatim excerpts, and, in conclusion, discusses the long-term impact of the decision on United States citizens and U.S. society. ′′Topic search aids let readers easily trace the evolution and impact of rulings in particular issue areas. Added features also enhance the volume, including many new portraits, political cartoons, and drawings, a comprehensive bibliography and an easy-to-access case/subject index. A perfect starting point for research on Supreme Court decisions, this newly updated volume is an essential addition to every public, high school, and college library.
Publication Date: 2005
The Plessy Case: A Legal-Historical Interpretation by Charles A. LofgrenIn 1896 the U.S. Supreme Court case Plessy v. Ferguson upheld "equal but separate accommodations for the white and colored races" on all passenger railways within the state of Louisiana. In this account with implications for present-day America, Lofgren traces the roots of this landmark casein the post-Civil War South and pinpoints its moorings in the era's constitutional, legal, and intellectual doctrines. After reviewing de facto racial separation and the shift by southern states to legislated transportation segregation, he shows that the Fourteenth Amendment became a ready vehiclefor legitimating classification by race. At the same time, scientists and social scientists were proclaiming black racial inferiority and lower courts were embracing separate-but-equal in ordinary law suits. Within this context, a group of New Orleans blacks launched a judicial challenge toLouisiana's 1890 Separate Car Law and carried the case to the Supreme Court, where the resulting opinions by Justices Henry Billings Brown and John Marshall Harlan pitted legal doctrines and "expert" opinion about race against the idea of a color-blind Constitution. Throughout his account, Lofgrenprobes the intellectual premises that shaped this important episode in the history of law and race in America--an episode that still raises troubling questions about racial classification and citizenship--revealing its dynamics and place in the continuum of legal change.
Publication Date: 1988
Judging Executive Power by Richard J. EllisFascinomas -fascinating medical mysteries.A paralyzed teen recovers overnight. A woman complains her breast implants speak. A man and his dog become gravely ill at the exact same time.These strange real-life cases and many more can be found in author and physician Clifton K. Meador's newest collection, Fascinomas. Combining the word "fascinating" with the term for a tumor or growth, "fascinoma" is medical slang for an unusually interesting medical case. These are the extraordinary stories medical professionals recall forever and pass from one colleague to another in hospital lounges and hallways.Every medical professional has at least one fascinoma to tell, and in this collection of bizarre-but-true stories, Meador retells some of the most memorable. In the vein of Berton Roueché, the famed medical writer for The New Yorker, the author of True Medical Detective Stories is back with an all-new book of complex cases, where medical professionals must often race against the clock to find clues in the most unusual places.Fascinomas is an entertaining and informative collection for physicians, nurses, medical students and those who simply can't get enough of bizarre clinical cases. Written from the point of view of an experienced doctor, the stories are crafted in an engaging style that can be enjoyed by medical professionals and laypeople alike.More than just interesting tales, however, these real-life mysteries serve as great examples of the need for doctors to listen closely to and ask the right questions of their patients, even in the computer age, when so much information is at their fingertips. Sometimes the truth is stranger than fiction, and you never know where a crucial piece of evidence will be found by one of the detectives of the medical world.
Publication Date: 2009
I Dissent: Great Opposing Opinions in Landmark Supreme Court Cases by Mark Tushnet (Editor)For the first time, a collection of dissents from the most famous Supreme Court cases If American history can truly be traced through the majority decisions in landmark Supreme Court cases, then what about the dissenting opinions? In issues of race, gender, privacy, workers' rights, and more, would advances have been impeded or failures rectified if the dissenting opinions were in fact the majority opinions? In offering thirteen famous dissents-from Marbury v. Madison and Brown v. Board of Education to Griswold v. Connecticut and Lawrence v. Texas, each edited with the judges' eloquence preserved-renowned Supreme Court scholar Mark Tushnet reminds us that court decisions are not pronouncements issued by the utterly objective, they are in fact political statements from highly intelligent but partisan people. Tushnet introduces readers to the very concept of dissent in the courts and then provides useful context for each case, filling in gaps in the Court's history and providing an overview of the issues at stake. After each case, he considers the impact the dissenting opinion would have had, if it had been the majority decision. Lively and accessible, I Dissent offers a radically fresh view of the judiciary in a collection that is essential reading for anyone interested in American history.
Publication Date: 2008
Supreme Court Drama: Cases That Changed America by Daniel E. BrannenProfiles major U.S. Supreme Court decisions that have made a significant impact on American society. Each volume is organized by broad legal principles such as individual liberties, criminal justice and family law, equal protection and civil rights, and business and government law. Within this framework, case entries are arranged under the more specific legal issue to which they relate, such as affirmative action, capital punishment, freedom of speech, and monopolies.
Publication Date: 2011
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The Oxford Guide to United States Supreme Court Decisions by Kermit Hall (Editor); James W. Ely (Editor)The Supreme Court has been the site of some of the great debates of American history, from child labor and prayer in the schools, to busing and abortion. The Oxford Guide to United States Supreme Court Decisions offers lively and insightful accounts of the most important cases ever arguedbefore the Court, from Marbury v. Madison and Scott v. Sandford (the Dred Scott decision) to Brown v. Board of Education and Roe v. Wade. This new edition of the Guide contains more than 450 entries on major Supreme Court cases, including 53 new entries on the latest landmark rulings. Among the new entries are Bush v. Gore, Nixon v. United States, Gonzales v. Planned Parenthood Federation of America, and Rumsfeld v. Forum for Academicand Institutional Rights. Four decisionsHamdi v. Bush, Hamdan v. Rumsfeld, Rasu v. Bush, and Rumsfeld v. Padillaare considered in a single essay entitled Enemy Combatant Cases. Arranged alphabetically and written by eminent legal scholars, each entry provides the United States Reports citation, thedate the case was argued and decided, the vote of the Justices, who wrote the opinion for the Court, who concurred, and who dissented. More important, the entries feature an informative account of the particulars of the case, the legal and social background, the reasoning behind the Courts decision,and the cases impact on American society. For this edition, Ely has added an extensive Further Reading section and revised the Case Index and Topical Index. For anyone interested in the great controversies of our time, this invaluable book is a must reada primer on the epic constitutional battles that have informed American life.
Publication Date: 2009
Congress Shall Make No Law: The First Amendment, Unprotected Expression, and the U.S. Supreme Court by David M. O'BrienYou may think you are a Christian--but are you sure? Jesus' call to follow him is more than an invitation to pray a prayer. It is a summons to lose your life and find new life and ultimate joy in him. In David Platt's book Follow Me: A Call to Die. A Call to Live he asks the question, "What did Jesus really mean when he said, 'Follow me'?" What if we really listened to Jesus' words and heard what he is saying? When people truly engage with Jesus' personal invitation to follow him, everything changes, for he is worthy of all our trust and affections.What Did Jesus Really Mean When He Said Follow Me? builds on the message of Follow Me to motivate readers to experience our grand purpose: to exalt the glory of God by spreading Christ's gospel--to make disciples who are making disciples. This booklet is a great resource to share with others to discuss crucial faith questions in a personal and grace-filled manner and engage others to be disciple-makers in obedience to Jesus. Ideal for small groups or personal and mass evangelism.
Publication Date: 2010
The Dred Scott Case: Historical and Contemporary Perspectives on Race and Law by David Thomas Konig (Editor); Paul Finkelman (Editor); Christopher Alan Bracey (Editor)In 1846 two slaves, Dred and Harriet Scott, filed petitions for their freedom in the Old Courthouse in St. Louis, Missouri. As the first true civil rights case decided by the U.S. Supreme Court, Dred Scott v. Sandford raised issues that have not been fully resolved despite three amendments to the Constitution and more than a century and a half of litigation. The Dred Scott Case: Historical and Contemporary Perspectives on Race and Law presents original research and the reflections of the nation's leading scholars who gathered in St. Louis to mark the 150th anniversary of what was arguably the most infamous decision of the U.S. Supreme Court. The decision, which held that African Americans "had no rights" under the Constitution and that Congress had no authority to alter that, galvanized Americans and thrust the issue of race and law to the center of American politics. This collection of essays revisits the history of the case and its aftermath in American life and law. In a final section, the present-day justices of the Missouri Supreme Court offer their reflections on the process of judging and provide perspective on the misdeeds of their nineteenth-century predecessors who denied the Scotts their freedom. Contributors: Austin Allen, Adam Arenson, John Baugh, Hon. Duane Benton, Christopher Alan Bracey, Alfred L. Brophy, Paul Finkelman, Louis Gerteis, Mark Graber, Daniel W. Hamilton, Cecil J. Hunt II, David Thomas Konig, Leland Ware, Hon. Michael A. Wolff
Publication Date: 2010
The Second Amendment on Trial: Critical Essays on District of Columbia V. Heller by University Of Massachusetts; Saul A. Cornell (Editor); Nathan Kozuskanich (Editor)On the final day of its 2008 term, a sharply divided U.S. Supreme Court issued a 5-to-4 decision striking down the District of Columbia's stringent gun control laws as a violation of the Second Amendment. Reversing almost seventy years of settled precedent, the high court reinterpreted the meaning of the "right of the people to keep and bear arms" to affirm an individual right to own a gun in the home for purposes of self-defense. The landmark ruling not only opened a new chapter in the contentious history of gun rights and gun control but also revealed both the strengths and problems of originalist constitutional theory and jurisprudence. This volume brings together some of the best scholarship on the Heller case, with essays by legal scholars and historians representing a range of ideological viewpoints and applying different interpretive frameworks. Following the editors' introduction, which describes the issues involved and the arguments on each side, the essays are organized into four sections. The first includes two of the most important historical briefs filed in the case, while the second offers different views of the role of originalist theory. Section three presents opposing interpretations of the ruling and its relationship to modern constitutional doctrine. The final section explores historical research post-Heller, including new findings on patterns of gun ownership in colonial and Revolutionary America. In addition to the editors, contributors include Nelson Lund, Joyce Lee Malcolm, Jack Rakove, Reva B. Siegel, Cass R. Sunstein, Kevin M. Sweeney, and J. Harvie Wilkinson III.
Publication Date: 2013
A Principled Stand: The Story of Hirabayashi V. United States by Gordon K. Hirabayashi; Lane Ryo Hirabayashi (As told to); James A. Hirabayashi (As told to)In 1943, University of Washington student Gordon Hirabayashi defied the curfew and mass removal of Japanese Americans on the West Coast, and was subsequently convicted and imprisoned as a result. In A Principled Stand, Gordon's brother James and nephew Lane have brought together his prison diaries and voluminous wartime correspondence to tell the story of Hirabayashi v. United States, the Supreme Court case that in 1943 upheld and on appeal in 1987 vacated his conviction. For the first time, the events of the case are told in Gordon's own words. The result is a compelling and intimate story that reveals what motivated him, how he endured, and how his ideals changed and deepened as he fought discrimination and defended his beliefs. A Principled Stand adds valuable context to the body of work by legal scholars and historians on the seminal Hirabayashi case. This engaging memoir combines Gordon's accounts with family photographs and archival documents as it takes readers through the series of imprisonments and court battles Gordon endured. Details such as Gordon's profound religious faith, his roots in student movements of the day, his encounters with inmates in jail, and his daily experiences during imprisonment give texture to his storied life.
Publication Date: 2013
Enemy Combatant Detainees by Earl P. Bettinton (Editor)After the U.S. Supreme Court held that U.S. courts have jurisdiction pursuant to 28 U.S.C. § 2241 to hear legal challenges on behalf of persons detained at the U.S. Naval Station in Guantanamo Bay, Cuba, in connection with the war against terrorism (Rasul v. Bush), the Pentagon established administrative hearings, called "Combatant Status Review Tribunals" (CSRTs), to allow the detainees to contest their status as enemy combatants, and informed them of their right to pursue relief in federal court by seeking a writ of habeas corpus. Lawyers subsequently filed dozens of petitions on behalf of the detainees in the District Court for the District of Columbia, where district court judges reached inconsistent conclusions as to whether the detainees have any enforceable rights to challenge their treatment and detention. In December 2005, Congress passed the Detainee Treatment Act of 2005 (DTA) to divest the courts of jurisdiction to hear some detainees' challenges by eliminating the federal courts' statutory jurisdiction over habeas claims by aliens detained at Guantanamo Bay (as well as other causes of action based on their treatment or living conditions). The DTA provides instead for limited appeals of CSRT determinations or final decisions of military commissions. After the Supreme Court rejected the view that the DTA left it without jurisdiction to review a habeas challenge to the validity of military commissions in the case of Hamdan v. Rumsfeld, the 109th Congress enacted the Military Commissions Act of 2006 (MCA) (P.L. 109-366) to authorize the President to convene military commissions and to amend the DTA to further reduce access to federal courts by "alien enemy combatants," wherever held, by eliminating pending and future causes of action other than the limited review of military proceedings permitted under the DTA. In June 2008, the Supreme Court held in the case of Boumediene v. Bush that aliens designated as enemy combatants and detained at Guantanamo Bay have the constitutional privilege of habeas corpus. The Court also found that MCA § 7, which limited judicial review of executive determinations of the petitioners' enemy combatant status, did not provide an adequate habeas substitute and therefore acted as an unconstitutional suspension of the writ of habeas. The immediate impact of the Boumediene decision is that detainees at Guantanamo may petition a federal district court for habeas review of the legality and possibly the circumstances of their detention, perhaps including challenges to the jurisdiction of military commissions.
Publication Date: 2009
Death Penalty Cases: Leading U.S. Supreme Court Cases on Capital Punishment by Barry Latzer; U.S. Supreme CourtDeath Penalty Cases is a textbook studying seminal death penalty cases in the United States. It offers full but carefully edited excerpts from 22 different US Supreme Court cases, along with original supporting materials that are invaluable for a full understanding of the legal perspectives of the subject. Without taking a side of this controversial issue, this book illuminates the arguments and illustrates the cases that form the framework for the US law on the subject. The editor's keen selection of the material and the quality and extent of his commentary make this textbook a unique and superb educational tool and source of information. Barry Latzer, JD, Ph.D., is a senior Professor of Government at John Jay College of Criminal Justice and the Graduate Center of the City University of New York, where he teaches courses on the death penalty, criminal justice, and criminal law. He is the author of numerous articles on criminal law and two books, State Constitutional Criminal Law and State Constitutions and Criminal Justice. Carefully edited excerpts from 22 US Supreme Court cases. Outstanding original interpretation and analysis from the author. A wealth of material on ethics and historical & legal controversies.
Publication Date: 1997
Virginia Hasn't Always Been for Lovers: Interracial Marriage Bans and the Case of Richard and Mildred Loving by Phyl NewbeckThis landmark volume chronicles the history of laws banning interracial marriage in the United States with particular emphasis on the case of Richard and Mildred Loving, a white man and a black woman who were convicted by the state of Virginia of the crime of marrying across racial lines in the late 1950s. The Lovings were not activists, but their battle to live together as husband and wife in their home state instigated the 1967 U.S. Supreme Court ruling that antimiscegenation laws were unconstitutional, which ultimately resulted in the overturning of laws against interracial marriage that were still in effect in sixteen states by the late 1960s.
Publication Date: 2008
Brown V. Board of Education and the Civil Rights Movement by Michael J. KlarmanA splendid account of the Supreme Court's rulings on race in the first half of the twentieth century, From Jim Crow To Civil Rights earned rave reviews and won the Bancroft Prize for History in 2005. Now, in this marvelously abridged, paperback edition, Michael J. Klarman has compressed hisacclaimed study into tight focus around one major case--Brown v. Board of Education--making the path-breaking arguments of his original work accessible to a broader audience of general readers and students. In this revised and condensed edition, Klarman illuminates the impact of the momentous Brown v. Board of Education ruling. He offers a richer, more complex understanding of this pivotal decision, going behind the scenes to examine the justices' deliberations and reconstruct why they found the caseso difficult to decide. He recaps his famous backlash thesis, arguing that Brown was more important for mobilizing southern white opposition to change than for encouraging civil rights protest, and that it was only the resulting violence that transformed northern opinion and led to the landmarklegislation of the 1960s. Klarman also sheds light on broader questions such as how judges decide cases; how much they are influenced by legal, political, and personal considerations; the relationship between Supreme Court decisions and social change; and finally, how much Court decisions simplyreflect societal values and how much they shape those values. Brown v. Board of Education was one of the most important decisions in the history of the U.S. Supreme Court. Klarman's brilliant analysis of this landmark case illuminates the course of American race relations as it highlights the relationship between law and social reform. Acclaim for From Jim Crow to Civil Rights: "A major achievement. It bestows upon its fortunate readers prodigious research, nuanced judgment, and intellectual independence." --Randall Kennedy, The New Republic "Magisterial." --The New York Review of Books "A sweeping, erudite, and powerfully argued book...unfailingly interesting." --Wilson Quarterly
Publication Date: 2007
100 Americans Making Constitutional History: A Biographical History by Melvin I. Urofsky (Editor)100 Americans Making Constitutional History: A Biographical History presents 100 profiles of the key people behind some of the most important U.S. Supreme Court cases. Edited by Melvin I. Urofsky, a respected constitutional historian, each 2,000-word profile delves into the social and political context behind landmark Court decisions. For example, while a case like Brown v. Board of Education is about an important ideaùthe equal protection of the lawùat its heart it is the story of a little girl, Linda Brown, who wanted to go to a decent school near her home. The outcome is accessible and objective ôstoriesö about the individualsùheroes and scoundrelsùwho fought their way to constitutional history.′′′′100 Americans Making Constitutional History helps students understand the human side of the Supreme CourtÆs decisions from the early republic to the present. Each biographical profile, written by a constitutional scholar or legal analyst, includes a discussion about the Court decision and how the specific legal issues evolved into great constitutional questions and drama. It puts a face and history to major cases by reminding the reader that there are people behind them, seeking vindication of their individual liberties and civil rights. ′′′′Each profile includes a brief bibliography for further research. Excellent for undergraduate students studying American government, American history, Constitutional Law and journalism. ′′′′Sample List of Litigants′′′′Larry Flynt û Hustler Magazine, Inc. v. Falwell (1988)′′Elmer Gertz û Gertz v. Robert Welch, Inc. (1974)′′Demetrio Rodriguez û Rodriguez v. San Antonio Independent School District (1973)′′Curt Flood û Flood v. Kuhn (1972)′′Estelle Griswold û Griswold v. Connecticut (1965)′′Linda Brown û Brown v. Board of Education (1954)′′Gordon Hirabayashi û Hirabayashi v. United states (1943)′′Eugene Debs û Debs v. United states (1919)′′William Marbury û Marbury v. Madison (1803)′′′′
Publication Date: 2004
Latinos and American Law: Landmark Supreme Court Cases by Carlos R. SolteroTo achieve justice and equal protection under the law, Latinos have turned to the U.S. court system to assert and defend their rights. Some of these cases have reached the United States Supreme Court, whose rulings over more than a century have both expanded and restricted the legal rights of Latinos, creating a complex terrain of power relations between the U.S. government and the country's now-largest ethnic minority. To map this legal landscape, Latinos and American Law examines fourteen landmark Supreme Court cases that have significantly affected Latino rights, from Botiller v. Dominguez in 1889 to Alexander v. Sandoval in 2001. Carlos Soltero organizes his study chronologically, looking at one or more decisions handed down by the Fuller Court (1888-1910), the Taft Court (1921-1930), the Warren Court (1953-1969), the Burger Court (1969-1986), and the Rehnquist Court (1986-2005). For each case, he opens with historical and legal background on the issues involved and then thoroughly discusses the opinion(s) rendered by the justices. He also offers an analysis of each decision's significance, as well as subsequent developments that have affected its impact. Through these case studies, Soltero demonstrates that in dealing with Latinos over issues such as education, the administration of criminal justice, voting rights, employment, and immigration, the Supreme Court has more often mirrored, rather than led, the attitudes and politics of the larger U.S. society.
Supreme Decisions, Volume 2: Great Constitutional Cases and Their Impact, Volume Two: Since 1896 by Melvin I. UrofskySupreme Decisions: Great Constitutional Cases and Their Impact, Volumes 1 and 2, covers twenty-four Supreme Court cases (twelve per volume) that have shaped American constitutional law. Interpretive chapters shed light on the nuances of each case, the individuals involved, and the social, political, and cultural context at that particular moment in history. Discussing cases from nearly every decade in a two-hundred-year span, Melvin I. Urofsky expounds on the political climate of the United States from the country's infancy through the new millennium. FeaturingMarbury v. Madison, Dred Scott v. Sandford, Miranda v. Arizona, Brown v. Board of Education, and many more, this text covers foundational rulings and more recent decisions. Written with students in mind, Melvin I. Urofsky's voice offers compelling and fascinating accounts of American legal milestones. Supreme Decisions can be purchased as a single combined volume or conveniently split into two volumes, providing a breadth of information for survey courses in U.S. Constitutional History.