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Description
Taking into account the political and intellectual forces that shape Supreme Court decisions, Constitutional Debate in Action examines how and why the U.S. Constitution continues to grow and adapt to human wants, passions, and values. Not your traditional constitutional-law textbook, this three-volume set views the Constitution as an institutionalized form of debate by which people press their political demands and arguments upon the Supreme Court.
This process-oriented approach goes beyond a straightforward examination of how the decisions of Supreme Court justices have transformed constitutional doctrine through the ages; it explores the actual process of adjudication itself. Each case study covers the legal and political background; including relevant out-of-court discussions, to help students understand the political framework in which the Supreme Court operates. Actual legal briefs filed in landmark cases, and corresponding oral arguments before the Supreme Court, provide students with a front-row seat to the process of constitutional argumentation. As they evaluate the opposing viewpoints, students are better equipped to evaluate critically final Supreme Court decisions and opinions. In addition, students gain a valuable perspective on the role of the Supreme Court in our constitutional democracy.
Each volume provides in-depth and updated examinations of key landmark decisions. Criminal Justice covers: Incorporation and the Right to a Jury Trial: Duncan v. Louisiana, Police Confessions: Miranda v. Arizona, Plea Bargaining North Carolina v. Alford, The Exclusionary Rule: United States v. Leon, and The Death Penalty: Gregg v. Georgia.
Table of Contents
Part 2 1 Incorporation and the Right to a Jury Trial: Duncan v. Louisiana
Chapter 3 Briefs
Chapter 4 Duncan's Brief
Chapter 5 Louisiana's Brief
Chapter 6 The Opinion
Chapter 7 Postscript
Part 8 2 Police Confessions: Miranda v. Arizona
Chapter 9 Briefs
Chapter 10 Miranda's Brief
Chapter 11 Arizona's Brief
Chapter 12 ACLU's Amicus Brief
Chapter 15 Oral Argument
Chapter 16 The Opinion
Chapter 17 Postscript
Part 18 3 Plea Bargaining: North Carolina v. Alford
Chapter 19 Briefs
Chapter 20 Alford's Brief (1969)
Chapter 21 North Carolina's Brief (1969)
Chapter 22 Alford's Supplemental Brief (1970)
Chapter 23 North Carolina's Supplemental Brief (1970)
Chapter 25 Oral Argument
Chapter 26 The Opinion
Chapter 27 Postscript
Part 28 4 The Exclusionary Rule:United States v. Leon
Chapter 29 Briefs
Chapter 30 Brief for the United States
Chapter 31 Leon's Brief
Chapter 32 Oral Argument
Chapter 33 The Opinion
Chapter 34 Postscript
Part 35 5 The Death Penalty: Gregg v. Georgia
Chapter 36 Briefs
Chapter 37 Gregg's Brief
Chapter 38 Georgia's Brief
Chapter 39 Brief for the United States as Amicus Curiae
Chapter 40 Oral Argument
Chapter 41 The Opinion
Chapter 42 Postscript
Product details
Published | Jan 17 2005 |
---|---|
Format | Ebook (PDF) |
Edition | 2nd |
Extent | 200 |
ISBN | 9798216334125 |
Imprint | Rowman & Littlefield Publishers |
Series | Constitutional Debate in Action |
Publisher | Bloomsbury Publishing |
About the contributors
Reviews
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I LOVE this book! So do my students. It really helps them see the political aspects of legal cases-and helps divert their attention from attempts to reduce the cases to mere mechanical doctrine.
Judith L. Failer, Indiana University