Recapturing the Spirit: Essays on the Bill of Rights at 200

Framsida
Rowman & Littlefield, 1991 - 278 sidor
The principles of the Bill of Rights are timeless, but their interpretation and implementation must be updated constantly in a changing world. Eric Neisser shows how recent government actions and Supreme Court decisions threaten the spirit of liberty in this country. He challenges us to recapture that spirit by energetically ensuring fundamental rights for everyone in our society. A law professor, courtroom attorney, columnist, and civil rights advocate, Neisser knows what he is writing about. In clear non-technical language he presents intriguing cases and provocative arguments that will alternately enlighten, alarm, prod, and encourage all readers concerned with civil liberties as we enter the third century of the Bill of Rights. Following an overview of constitutional rights today, Recapturing the Spirit's essays focus on issues including free expression, privacy, discrimination, rights of the poor, the criminal process, and freedom of religion. Among the current controversies discussed are drug testing, flag burning, abortion, and the death penalty. A useful glossary helps untangle the legalese that obscures, more often than it illuminates, public debate. The foreword is written by Peter W. Rodino, Jr., who was chair of the House Judiciary Committee during the Watergate crisis and a member of Congress for four decades.
 

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Innehåll

On Coming to America Ivan Is Reminded of Home
3
Embodying the Spirit Justice William Brennan
8
Constitutional Rights Are for Everyone Every Day
11
When Will the Government Ever learn?
14
Can We Risk a Constitutional Convention?
19
A Civil Liberties lawyer on Jury Duty
25
A Civil Liberties Agenda for the 1990s
32
FREE EXPRESSION
39
AntiGay Prejudice Should Not Be Public Policy
131
If It Aint Broke Dont Fix It
135
Being Sterile Is Not a Job Qualification
143
We Still Need Affirmative Action
146
POVERTY AND THE RIGHT TO A HOME
151
Begging As Free Speech
154
Why Homelessness Is a Civil Liberties Concern
158
Government Action for Affordable Homes
165

Mother Englands NotSoFree Press
41
Disrespect and Offense
46
Writing Letters May Be Hazardous to Your Rights
50
Charging for Free Speech
55
Talking Politics DoortoDoor
59
Its Scandalous What Some Think Is Slanderous
62
Free Speech or Discrimination?
65
How Can You Petition When the Doors Are Closed?
70
Students Learn from Free Expression and Due Process
75
PRIVACY
79
Legal Roadblocks to Traffic Roadblocks
81
Police Strip Searches
88
Do We Expect Our Garbage to Be Inspected by Police?
91
Should We Tolerate Zero Tolerance?
95
Job Tests Not Urine Tests
98
What Ever Happened to Probable Cause?
104
Constitutional Rights Should Apply at Work
110
The Abortion Debate Is Unresolvable and Avoidable
114
New Laws Are Needed
118
CIVIL RIGHTS AND DISCRIMINATION
121
Fight AIDS Not the People We Fear Have AIDS
123
Illegal Discrimination or Protected Association?
127
THE CRIMINAL PROCESS
175
Which Country Is This Anyway?
178
Racism at the Gallows
182
Advocates Zeal Is Threatened by Court Contempt Power
187
The Right to Counsel at Risk
191
A Twisted Case
195
FREEDOM OF RELIGION
207
Of Carols Creches and Menorahs
209
Do Children Need a Moment of Silence in School?
214
When and How Far?
219
OF WAR SCHOOLS YOUTH AND LOVE
225
Declaring War on Undeclared Wars
227
Its Time to Invest in School Finance Equity
234
Whom Are We Protecting?
241
Why Cant Love and Justice Coexist?
246
Conclusion
251
The Bill of Rights
253
Notes
255
Glossary
269
Index
273
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Om författaren (1991)

Eric Neisser teaches constitutional law and litigation, criminal procedure, and court administration at Rutgers Law School in Newark, New Jersey. Recently the Legal Director of the American Civil Liberties Union of New Jersey, Professor Neisser has handled civil liberties cases from the New Jersey Municipal Court to the United States Supreme Court. A frequent public speaker, from high schools and legislative committees to the Dick Cavett Show, Neisser has also taught at Stanford Law School and Trinity College in Dublin, Ireland. Formerly director of the central legal staff of the largest federal appeals court in the country--the United States Court of Appeals for the Ninth Circuit in San Francisco--Professor Neisser has written widely on constitutional issues, including a monthly column for the past five years entitled "civil Liberties Today."

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