Freedom and the Court: Civil Rights and Liberties in the United States / Edition 8

by Henry J. Abraham, Barbara A. Perry

Overview

Since its original publication in 1967, Freedom and the Court has become the standard text on civil liberties law, with more than 100,000 copies in print. This classic is now updated to cover Supreme Court decisions through 2003 and address essential questions of how to reconcile civil liberties—especially personal privacy—with national security in the aftermath of 9/11.

Henry J. Abraham and Barbara A. Perry continue to portray the intriguing human stories behind landmark constitutional law cases as they focus on fundamental issues of individual rights relating to freedom of religion, separation of church and state, freedom of expression, due process, and political, racial, and gender equality. This eighth edition of Freedom and the Court delineates recent pathbreaking developments by the Rehnquist Court in civil rights regarding abortion, affirmative action, capital punishment, computers and the Internet, and the Americans with Disabilities Act. It also analyzes the narrowly divided Court's controversial return to a more state-centered jurisprudence and to certain pre-New Deal, pro-business commitments.

The book's coverage ranges widely to consider criminal rights in light of the 1990s war on crime, free speech cases involving everything from campaign finance to nude dancing, and equal protection pertaining not only to minority litigation but also to the Bush v. Gore decision—whose first oral argument (for the Palm Beach County case) the authors attended at the U.S. Supreme Court. It also explains the ongoing impact of the Court's invalidation of the Religious Freedom Restoration Act of 1993, and it continues to include comprehensive charts for cases involving freedom of religion, separation of church and state, and gender that are unmatched by any other book.

Impeccably researched and enormously readable, Freedom and the Court remains the basic work in the field and is indispensable to the teaching of civil liberties. As the Supreme Court is called upon to act as the nation's constitutional conscience in deciding pressing conflicts regarding terrorism and liberty, it is an essential text and reference for all who would better understand its decisions.

Product Details

ISBN-13:	9780700612628
Publisher:	University Press of Kansas
Publication date:	09/10/2003
Series:	Eighth Edition
Edition description:	Eighth Edition
Pages:	568
Product dimensions:	6.00(w) x 9.00(h) x (d)

About the Author

University of Virginia

Sweet Briar College

Table of Contents

Preface to the Eighth Edition

Preface to the First Edition

1. Introduction

2. The “Double Standard”

-The Evolution of the Double Standard

-The Expression and Justification of the Double Standard

3. The Bill of Rights and Its Applicability to the States Historical Background

-The Fourteenth Amendment

-The Evolution of “Incorporation”

-Leading Positions on Incorporation

4. The Fascinating World of “Due Process of Law”

-Some Basic Guidelines

-Substantive and Procedural Due Process of Law

-Due Process of Law in Perspective

5. The Precious Freedom of Expression

-Judicial Lines Formulae

-Some Basic Concepts

-Drawing Lines: Some Brief Examples

-Some Concluding Thoughts

6. Religion

-Some Basic Considerations

-The Free Exercise of Religion

-“Establishment”: The Separation of Church and State

7. Race—The American Dilemma: The Evolving Equal Protection of the Laws

-A Glance at History

-“Separate but Equal”: Rise and Demise

-The Quest for Suffrage

-State Action and Beyond: A True Dilemma

8. Gender and Race Under the New Equal Protection

-A Glance at the Evolving History of Gender Discrimination

-The 1973 Abortion Decisions and Their Offspring

-The Wrench of “Affirmative Action” and “Reverse Discrimination”

Coda

Appendix A: Statistical Data on Supreme Court Justices

Appendix B: Civil Rights and Liberties in the Constitution

General Index

Name Index

Case Index

Editorial Reviews

"Provides an in depth and comprehensive historical account of the Court’s role in the ongoing saga of Americans’ civil liberties and rights."—The Law and Politics Book Review

"Freedom and the Court, with its personal stories behind the landmark cases, has long been a foundational, scholarly (but not technical) work for those interested in the Supreme Court’s treatment of individual rights relating to freedom of religion (and separation of church and state), freedom of expression, the workings of due process of law (particularly with criminal procedures), and political, racial and gender equality. This latest edition, the eighth, is obviously back by popular demand."—Los Angeles Times

“This comprehensive and up-to-date text is timely and absorbing reading for student, scholar, and layperson alike. Abraham and Perry have done it again!”—Sheldon Goldman, author of Picking Federal Judges

“Concise yet amazingly comprehensive, Freedom and the Court remains the best text in the field. A wonderful introduction to the fascinating world of civil liberties for students, a superb desk reference for their professors!”—Tinsley E. Yarbrough, author of The Rehnquist Court and the Constitution

“Freedom and the Court is the best one-book tool available for mastering the Supreme Court’s civil rights and liberties jurisprudence.”—Martin M. Shapiro, author of Who Guards the Guardians: Judicial Control of Administration##Praise for previous editions of this classic work:

"A cool, objective, and refreshing account of how the Supreme Court has interpreted the constitution. . . . Useful for anyone who wants a systematic, detailed, and up-to-date analysis of the Court’s decisions on all freedom topics."—Public Law

"A lively and enormously readable book that has informed an entire generation of scholars and students since 1967."—Presidential Studies Quarterly

"A unique and valuable volume that reads with the ease of a novel. . . . Practitioners and legal scholars alike will find it enjoyable and worthwhile."—Trial

From the Publisher