用户登陆搜 索 |
查看图书
图书目录：Preface
Summary of Contents Table of Cases Part I The Distribution of Power in the National Government Chapter 1 Judicial Power a. The Supreme Court's Jurisdiction and Its Assumption of Judicial Review Marbury v. Madison Eakin v. Raub: the Gibson dissent Ex parte McCardle Statutory Provisions Governing the Supreme Court's Original and Appellate Jurisdiction Rules of the Supreme Court Concerning Certiorari and Certification Rogers v. Missouri Pacific Railroad Co.: the Frankfurter dissent b. The Current Controversy Over Judicial Review: Judicial Self- Restraint vs. the Preferred Freedoms Concept Burns Baking Co. v. Bryan: the Brandeis dissent West Virginia State Board of Education v. Barnette: the Frankfurter dissent Thomas v. Collins: the Rutledge opinion Does the Supreme Court Have a Unique Function? c. Institutional Constraints on Judicial Problem- Solving International Longshoremen's & Warehousemen's Union v. Boyd Massachusetts v. Mellon c. Institutional Constraints on Judicial Problem- Solving-- Continued Frothingham v. Mellon Flast v. Cohen The Burger Court and Standing to Sue as Taxpayers and Citizens Warth v. Seldin Baker v. Carr Holtzman v. Schlesinger Goldwater v. Carter Mississippi v. Johnson Chapter 2 Legislative Power a. The Sources and Scope of Legislative Power McCulloch v. Maryland United States v. Kagama Fong Yue Ting v. United States Galvan v. Press United States v. Curtiss-Wright Export Corp. South Carolina v. Katzenbach Katzenbach v. Morgan Pennhurst State School & Hospital v. Halderman Jacobson v. Massachusetts b. Delegation of Legislative Power Hampton & Co. v. United States Federal Energy Administration v. Algonquin SNG, Inc. Panama Refining Co. v. Ryan Schechter Poultry Corp. v. United States Economic Stabilization Act of 1970 c. The Power to Investigate McGrain v. Daugherty Watkins v. United States Barenblatt v. United States Court-Curb Proposals Stimulated by Controversial Decisions Gibson v. Florida Legislative Investigation Committee Eastland v. United States Servicemen's Fund [Senate Select Committee on Presidential Campaign Activities v. Nixon] d. The Speech and Debate Clause (Congressional Immunity) Gravel v. United States Doe v. McMillan d. The Speech and Debate Clause (Congressional Immunity)-- Continued [Eastland v. United States Servicemen's Fund] Other Rulings on the Protection Afforded by the Speech and Debate Clause Hutchinson v. Proxmire Chapter 3 Executive Power a. The President's Appointment and Removal Power Myers v. United States Humphrey's Executor v. United States b. The President's Power to Pardon Ex parte Grossman Murphy v. Ford c. The Scope of Executive Power Youngstown Sheet & Tube Co. v. Sawyer Excerpt from Nixon-Frost Interview United States v. Nixon Senate Select Committee on Presidential Campaign Activities v. Nixon Articles of Impeachment Against President Richard M. Nixon Recommended by the House Judiciary Committee Nixon v. Administrator of General Services Nixon v. Fitzgerald Harlow v. Fitzgerald d. Executive Authority in the Conduct of Foreign Affairs John Jay, Federalist No. 64 [United States v. Curtiss-Wright Export Corp.] Haig v. Agee Dames & Moore v. Regan The Gulf of Tonkin Resolution War Powers Resolution Proposed Article of Impeachment Rejected by the House Judiciary Committee Chapter 4 The Impact of War and Emergencies on Legislative and Executive Power Ex parte Milligan Home Building & Loan Ass'n v. Blaisdell Woods v. Cloyd W. Miller Co. Korematsu v. United States The Emergency Detention Act of 1950 Part II The Distribution of Power between the National Government and the States Chapter 5 General Issues of the Federal Relationship [McCulloch v. Maryland] New York v. United States Steward Machine Co. v. Davis City of New York v. Richardson Pennsylvania v. Nelson [City of Burbank v. Lockheed Air Terminal] National League of Cities v. Usery Recent Cases Applying the Doctrine of National League of Cities v. Usery Younger v. Harris [Cooper v. Aaron] Missouri v. Holland United States v. Belmont The Bricker Amendment Chapter 6 The Exercise of National Power a. The General Scope of Congress' Power to Regulate Interstate Commerce Gibbons v. Ogden Pensacola Telegraph Co. v. Western Union Telegraph Co. Stafford v. Wallace Houston, East & West Texas Railway Co. v. United States Champion v. Ames Brooks v. United States Goldfarb v. Virginia State Bar Cases Since Goldfarb on the Sherman Act and Economic Regulation by Professional Organizations Flood v. Kuhn Heart of Atlanta Motel v. United States Katzenbach v. McClung Daniel v. Paul b. Congress' Power to Regulate Production Under the Commerce Clause United States v. E. C. Knight Co. Hammer v. Dagenhart Schechter Poultry Corp. v. United States Carter v. Carter Coal Co. National Labor Relations Board v. Jones & Laughlin Steel Corp. b. Congress' Power to Regulate Production Under the Commerce Clause——Continued United States v. Darby Wickard v. Filburn [National League of Cities v. Usery] c. The Navigation Power United States v. Chandler-Dunbar Water Power Co. United States v. Rands Kaiser Aetna v. United States United States v. Appalachian Electric Power Co. Ashwander v. Tennessee Valley Authority Alabama Power Co. v. Ickes City of Tacoma v. Taxpayers of Tacoma d. The Taxing and Spending Power McCray v. United States Bailey v. Drexel Furniture Co. United States v. Butler Mulford v. Smith [Steward Machine Co. v. Davis] United States v. Kahriger Marchetti v. United States Grosso v. United States Chapter 7 The State Police Power and Business Regulation Cooley v. The Board of Wardens of the Port of Philadelphia South Carolina State Highway Dept. v. Barnwell Bros. Kassel v. Consolidated Freightways Corp. Southern Pacific Co. v. Arizona Smith v. Alabama Bibb v. Navajo Freight Lines, Inc. Huron Portland Cement Co. v. Detroit City of Burbank v. Lockheed Air Terminal Northern States Power Co. v. Minnesota City of Philadelphia v. State of New Jersey State Regulation Cases Since City of Philadelphia v. State of New Jersey Dean Milk Co. v. City of Madison Great Atlantic & Pacific Tea Co. v. Cottrell Part III The Distribution of Power between Government and the Individual Chapter 8 Property Rights and Economic Liberties a. The Contract Clause and the State Police Power Fletcher v. Peck Trustees of Dartmouth College v. Woodward Charles River Bridge Co. v. Warren Bridge Co. Stone v. Mississippi Atlantic Coast Line Railroad Co. v. City of Goldsboro [Home Building & Loan Ass'n v. Blaisdell] City of E1 Paso v. Simmons United States Trust Co. of New York v. State of New Jersey b. The Rise and Decline of Economic Substantive Due Process Wynehamer v. New York Butchers' Benevolent Ass'n v. Crescent City Livestock Landing & Slaughterhouse Co. (The Slaughterhouse Cases) Munn v. Illinois Allgeyer v. Louisiana Adair v. United States Coppage v. Kansas Lochner v. New York Wolff Packing Co. v. Court of Industrial Relations Nebbia v. New York West Coast Hotel Co. v. Parrish Lincoln Federal Labor Union v. Northwestern Iron & Metal Co. City of New Orleans v. Dukes Minnesota v. Clover Leaf Creamery Co. c. Regulation and "Taking" of Property Penn Central Transportation Co. v. City of New York More Recent Cases Pertaining to the Takings Clause City of Oakland v. Oakland Raiders Chapter 9 Equal Protection of the Laws a. Racial Discrimination Plessy v. Ferguson Sweatt v. Painter Brown v. Board of Education of Topeka I a. Racial Discrimination--Continued Bolling v. Sharpe Stell v. Savannah-Chatham County Board of Education The Stell Case on Appeal Brown v. Board of Education of Topeka II Cooper v. Aaron Swann v. Charlotte-Mecklenburg Board of Education North Carolina State Board of Education v. Swanfl School Desegregation Cases, 1968-1973 Milliken v. Bradley Desegregation Cases of 1976 Columbus Board of Education v. Penick Dayton Board of Education v. Brinkman The Constitutionality of Anti-Busing Voter Initiatives Palmer v. Thompson Village of Arlington Heights v. Metropolitan Housing Development Corp. [City of Memphis v. Greene] Regents of the University of California v. Bakke Affirmative Action Decisions Following Bakke b. "Private" Discrimination and the Concept of "State Action" The Civil Rights Cases Shelley v. Kraemer Burton v. Wilmington Parking Authority The Warren Court and Other "Private" Discrimination Cases Moose Lodge No. 107 v. Irvis Jackson v. Metropolitan Edison Co. Jones v. Alfred H. Mayer Co. Cases on Private Discrimination Since Jones City of Memphis v. Greene c. Voting Rights and Electoral Discrimination Smith v. Allwright Terry v. Adams Gomillion v. Lightfoot [South Carolina v. Katzenbach] [Katzenbach v. Morgan] City of Richmond v. United States The 1982 Extension of the Voting Rights Act c. Voting Rights and Electoral Discrimination-- Continued Kramer v. Union Free School District No. 15 "Strict Scrutiny" in Voting Rights and Ballot Access Cases d. Malapportionment [Baker v. Carr] Reynolds V. Sims Lucas v. Forty-Fourth General Assembly of Colorado The Warren Court and Reapportionment --Other Selected Cases, 1964-1969 Avery v. Midland County, Texas The Burger Court and Reapportionment- -Selected Cases, 1970-1981 e. Economic and Social Discrimination Shapiro v. Thompson Cases on the Constitutional Validity of Durational Residency Requirements Califano v. Aznavorian San Antonio Independent School District v. Rodriguez [Maher v. Roe] [Harris v. McRae] Labine v. Vincent Illegitimacy and Intermediate Scrutiny Craig v. Boren Selected Cases on the Constitutionality of Gender- Based Distinctions Before and After Craig v. Boren Personnel Administrator of Massachusetts v. Feeney Massachusetts Board of Retirement v. Murgia Ambach v. Norwick Plyler v. Doe Chapter 10 Due Process of Law a. Due Process and the Federal System: The Selective Incorporation of the Bill of Rights into the Fourteenth Amendment Barron v. The Mayor and City Council of Baltimore [Butchers' Benevolent Ass'n v. Crescent City Livestock Landing & Slaughterhouse Co. (The Slaughterhouse Cases)] Hurtado v. California Palko v. Connecticut Adamson v. California a. Due Process and the Federal System: The Selective Incorporation of the Bill of Rights into the Fourteenth Amendment——ontinued Rochin v. California [Griswold v. Connecticut] Duncan v. Louisiana Williams v. Florida Ballew v. Georgia Apodaca v. Oregon Burch v. Louisiana b. The Right to Counsel Powell v. Alabama Gideon v. Wainwright Argersinger v. Hamlin Scott v. Illinois Escobedo v. Illinois Miranda v. Arizona North Carolina v. Butler United States v. Wade Kirby v. Illinois Recent Rulings on the Right to Counsel c. Confessions and Self-Incrimination Mallory v. United States Spano v. New York [Mincey v. Arizona] Rogers v. Richmond Malloy v. Hogan Murphy v. Waterfront Comm'n of New York Harbor [Miranda v. Arizona] [Dunaway v. New York] Oregon v. Hass Other Recent Rulings on Compelled Self-Incrimination Schmerber v. California California v. Byers d. Procedural Guarantees and the Administrative Process Shaughnessy v. United States ex rel. Mezei Hannah v. Larche Mathews v. Eldridge Memphis Light, Gas & Water Division v. Craft Board of Curators of University of Missouri v. Horowitz Mackev v. Montrym e. Due Process in Punishment and Rehabilitation Robinson v. California Powell v. Texas Furman v. Georgia Gregg v. Georgia Woodson v. North Carolina Roberts v. Louisiana Coker v. Georgia Lockett v. Ohio Recent Supreme Court Decisions on the Imposition of Capital Punishment Rummel v. Estelle In re Gault Other Rulings on the Constitutional Rights of Defendants in Juvenile Court Ingraham v. Wright O'Connor v. Donaldson Rights in the Rehabilitation Process-- Other Recent Cases Youngberg v. Romeo Chapter 11 Obtaining Evidence a. The Exclusionary Rule Mapp v. Ohio Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics Stone v. Powell Note on the Janis and Calandra Cases Mincey v. Arizona b. Warrantless Searches and Seizures Cupp v. Murphy Schneckloth v. Bustamonte Chimel v. California Arrests, Searches, and Detentions in and about the Home Coolidge v. New Hampshire Of Cars and Luggage: The Chadwick, Sanders, and Ross Decisions Other Automobile Search Cases Warden v. Hayden United States v. Santana Selected Recent Decisions on Searches and Seizures with a Warrant Zurcher v. Stanford Daily Privacy Protection Act of 1980 [Rochin v. California] Blackford v. United States [Schmerber v. California] b. Warrantless Searches and Seizures--Continued Camara v. Municipal Court Selected Cases on Administrative Searches Since Camara Michigan v. Tyler Terry v. Ohio Sibron v. New York Peters v. New York Dunaway v. New York More Recent Rulings Drawing Upon Terry v. Ohio United States v. Mendenhall Delaware v. Prouse Other Auto "Stop and Frisk" Cases Note on Border Search Cases c. Wiretapping and Eavesdropping Olmstead v. United States Berger v. New York Katz v. United States Recent Decisions on Electronic Surveillance United States v. United States District Court for Eastern District of Michigan Note on the Foreign Intelligence Surveillance Act Hoffa v. United States Chapter 12 The Right of Privacy Griswold v. Connecticut Eisenstadt v. Baird Roe v. Wade Doe v. Bolton Planned Parenthood of Central Missouri v. Danforth Cases on the Constitutionality of State Statutes Regulating the Performance of Abortions on Unmarried Female Minors Carey v. Population Services International Note on the Beal, Maher, and Poelker Cases Harris v. McRae People v. Onofre Note on State Legislative Modifications of Sex Laws Matter of Quinlan Chapter 13 Freedom of Speech a. The Rise and Fall of the "Clear and Present Danger" Test Schenck v. United States Abrams v. United States Gitlow v. New York Whitney v. California [Thomas v. Collins] Terminiello v. Chicago Feiner v. New York Dennis v. United States Yates v. United States Scales v. United States Brandenburg v. Ohio NAACP v. Claiborne Hardware Co. b. Free Speech--Where and When Adderley v. Florida Recent "Public Forum" Cases Hudgens v. National Labor Relations Board PruneYard Shopping Center v. Robins Recent Cases on Time, Place, and Manner Limitations Cohen v. California Erznoznik v. City of Jacksonville Village of Schaumburg v. Citizens for a Better Environment 2. Symbolic Speech West Virginia State Board of Education v. Barnette Wooley v. Maynard United States v. O'Brien Street v. New York Chart on Flag Desecration Cases Tinker v. Des Moines Independent Community School District Village of Skokie v. National Socialist Party 1. Campaign Financing, Party Patronage, and the First Amendment Buckley v. Valeo First National Bank of Boston v. Bellotti Consolidated Edison Co. v. Public Service Comm'n More Recent Cases on the First Amendment and Legislation Dealing with "Corruption" of the Electoral Process Elrod v. Burns Branti v. Finkel e. Commercial Speech Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council Central Hudson Gas & Electric v. Public Service Comm'n Other Recent Cases Relating to Commercial Speech Bates v. State Bar of Arizona Ohralik v. Ohio State Bar Ass'n In re Primus Chapter 14 Freedom of the Press a. Censorship and Prior Restraint Times Film Corp. v. Chicago Freedman v. Maryland New York Times Co. v. United States Note on the Freedom of Information Act Cox Broadcasting Corp. v. Cohn Cases on the Constitutionality of Criminal Sanctions Imposed for Newspaper Publication of Lawfully Obtained Confidential Information Branzburg v. Hayes Matter of Farber and the New York Times Co. [Zurcher v. Stanford Daily] [Privacy Protection Act of 1980] Miami Herald Publishing Co. v. Tornillo First National Bank of Boston v. Bellotti: the concurring opinion of Chief Justice Burger Houchins v. KQED [Richmond Newspapers, Inc. v. Virginia] Board of Education, Island Trees Union Free School District No. 26 v. Pico b. Obscenity Roth v. United States Alberts v. California A Book Named "John Cleland's Memoirs of a Woman of Pleasure" v. Attorney General of Massachusetts Ginzburg v. United States Mishkin v. New York Ginsberg v. New York Stanley v. Georgia Miller v. California New York v. Ferber Paris Adult Theatre I v. Slaton Federal Communications Comm'n v. Pacifica Foundation c. Libel New York Times Co. v. Sullivan Curtis Publishing Co. v. Butts Associated Press v. Walker Time, Inc. v. Firestone Recent Supreme Court Decisions on Who Is a "Public Figure" Herbert v. Lando Galella v. Onassis The Galella Case on Appeal d. Fair Trial--Free Press Nebraska Press Ass'n v. Stuart Richmond Newspapers, Inc. v. Virginia Globe Newspaper Co. v. Superior Court for Norfolk County Chapter 15 Freedom of Religion a. The Establishment of Religion Engel v. Vitale Abington School District v. Schempp Murray v. Curlett McGowan v. Maryland Board of Education v. Allen Walz v. Tax Comm'n of City of New York Lemon v. Kurtzman Tilton v. Richardson State Aid to Religious Schools After Lemon and Tilton Committee for Public Education and Religious Liberty v. Regan Recent Establishment Clause Rulings McLean v. Arkansas Board of Education b. The Free Exercise of Religious Belief Thomas v. Indiana Employment Security Review Board McDaniel v. Paty Wisconsin v. Yoder United States v. Lee State ex rel. Swann v. Pack United States v. Ballard Heffron v. International Soc'y for Krishna Consciousness, Inc. Katz v. Superior Court Appendix A A Time Chart of the United States Supreme Court Appendix B Biographical Chart of the Justices Appendix C The Constitution of the United States Index Preface Table of Contents Table of Cases Part I The Distribution of Power in the National Government Chapter 1 Judicial Power Chapter 2 Legislative Power Chapter 3 Executive Power Chapter 4 The Impact of War and Emergencies on Legislative and Executive Power Part II The Distribution of Power between the National Government and the States Chapter 5 General Issues of the Federal Relationship Chapter 6 The Exercise of National Power Chapter 7 The State Police Power and Business Regulation Part III The Distribution of Power between Government and the Individual Chapter 8 Property Rights and Economic Liberties Chapter 9 Equal Protection of the Laws Chapter 10 Due Process of Law Chapter 11 Obtaining Evidence Chapter 12 The Right of Privacy Chapter 13 Freedom of Speech Chapter 14 Freedom of the Press Chapter 15 Freedom of Religion Appendix A A Time Chart of the United States Supreme Court Appendix B Biographical Chart of the Justices Appendix C The Consitution of the United States Index |
