This up-to-date analysis of the Supreme Court’s landmark rulings on civil rights and liberties is a discussion of the facts, legal issues, and constitutional questions surrounding those rulings. Domino’s book serves as either a core text in courses on civil liberties and civil rights, or as a supplementary text in courses on constitutional law and the judiciary. The book is written in the belief that the key to understanding constitutional law is not having the right answers but asking the right questions. It encourages students to be critical thinkers and provides a historical context so students can better understand competing social, legal, and political interests affecting the Supreme Court’s decisions today. The text also includes numerous short excerpts from some of the more influential, eloquent, and controversial Supreme Court opinions to illustrate the handiwork of the powerful legal minds who have helped to shape our society. It reminds us that "the Court" is not an abstract legal mechanism, but rather a group of human beings with divergent opinions. New to the Fourth Edition Up-to-date discussion of recent rulings, from the standpoint of the Court as a Cultural Tribunal, including: freedom of expression, including hate speech and the historic Citizens United case on campaign finance freedom of religion, including prayer during public meetings and the controversial Hobby Lobby case on corporate religious belief social issues, including reproductive rights & abortion and the landmark Obergefell case on same-sex marriage New section on obscenity and the First Amendment, including discussion of Internet pornography Expanded discussion of the use of GPS and thermal scanning technology by law enforcement and issues surrounding mobile phone privacy The nomination and confirmation politics surrounding the death of Antonin Scalia, the failed nomination of Merrick Garland, and the confirmation of Trump appointee Neil Gorsuch Analysis and comparison of the Roberts Court to the Rehnquist, Burger, and Warren Courts, revisiting the question of counterrevolution that set the theme for previous editions
This up-to-date analysis of the Supreme Court’s landmark rulings on civil rights and liberties is a discussion of the facts, legal issues, and constitutional questions surrounding those rulings. Domino’s book serves as either a core text in courses on civil liberties and civil rights, or as a supplementary text in courses on constitutional law and the judiciary. The book is written in the belief that the key to understanding constitutional law is not having the right answers but asking the right questions. It encourages students to be critical thinkers and provides a historical context so students can better understand competing social, legal, and political interests affecting the Supreme Court’s decisions today. The text also includes numerous short excerpts from some of the more influential, eloquent, and controversial Supreme Court opinions to illustrate the handiwork of the powerful legal minds who have helped to shape our society. It reminds us that "the Court" is not an abstract legal mechanism, but rather a group of human beings with divergent opinions. New to the Fourth Edition Up-to-date discussion of recent rulings, from the standpoint of the Court as a Cultural Tribunal, including: freedom of expression, including hate speech and the historic Citizens United case on campaign finance freedom of religion, including prayer during public meetings and the controversial Hobby Lobby case on corporate religious belief social issues, including reproductive rights & abortion and the landmark Obergefell case on same-sex marriage New section on obscenity and the First Amendment, including discussion of Internet pornography Expanded discussion of the use of GPS and thermal scanning technology by law enforcement and issues surrounding mobile phone privacy The nomination and confirmation politics surrounding the death of Antonin Scalia, the failed nomination of Merrick Garland, and the confirmation of Trump appointee Neil Gorsuch Analysis and comparison of the Roberts Court to the Rehnquist, Burger, and Warren Courts, revisiting the question of counterrevolution that set the theme for previous editions
This up-to-date analysis of the Supreme Court's landmark rulings on civil rights and liberties is a discussion of the facts, legal issues, and constitutional questions surrounding those rulings. Domino's text serves as either a core text in courses on civil liberties and civil rights, or as a supplementary text in courses on constitutional law and the judiciary. The book is written in the belief that the key to understanding constitutional law is not having the right answers but asking the right questions. It encourages students to be critical thinkers and provides a historical context so students can better understand competing social, legal, and political interests affecting the Supreme Court's decisions today. The text also includes numerous short excerpts from some of the more influential, eloquent, and controversial Supreme Court opinions to illustrate the handiwork of the powerful legal minds who have helped to shape our society. It reminds us that "the Court" is not an abstract legal mechanism, but rather a group of human beings with divergent opinions.
John C. Domino examines Texas Supreme Court Justice Bob Gammage’s progressive jurisprudence during the most tumultuous period in Texas judicial history. This era witnessed numerous seismic shifts, including the manner in which judicial campaigns were conducted, the rise of million dollar judicial races, a dramatic change in the partisan and ideological composition of the Texas Supreme Court, the Court of Criminal Appeals, and most of the fourteen intermediate appellate courts, as well as the birth of the judicial reform movement in Texas. Gammage, who served as a court of appeals judge and as a state supreme court justice, forged a solid liberal record arguing for robust individual rights, including the right to privacy, freedom of expression, due process, and equal protection, whether those rights were implied in the Texas constitution, rooted in an evolving common law, or set out in state and federal judicial precedent.
John C. Domino examines the origins and development of the right to privacy in Texas, beginning at a time when the state’s courts had not yet recognized the common law tort doctrines and state constitutional provisions that protect privacy, and culminating with the adoption of a robust right in groundbreaking cases. The author argues that contrary to the common perception that the right to privacy instantly sprang forth from U.S. Supreme Court cases such as Griswold v. Connecticut, Texas privacy law evolved incrementally and has never extended to matters concerning reproduction, abortion, and sexuality. Privacy in Texas can best be understood as the right to be “let alone,” in the parlance of Warren and Brandeis’s famous 1890 Harvard Law Review article, and not “privacy as autonomy.” The day-to-day lives of individuals in their homes, schools, and businesses in Texas are affected far more by state court rulings and statutes than by the decisions of federal courts. Further, the state’s statutory data and consumer privacy protections are among the most innovative in the nation. Yet, at the same time, the right to privacy in the state has significant limitations and fails to protect many Texans from government intrusions in the area of reproductive health and sexual intimacy.
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