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Full Description
This newly revised and expanded edition of The Bill of Rights in Modern America captures the contentious national debate about the nature and extent of our individual rights. Free speech, the separation of church and state, public safety and gun control, property rights, the rights of criminals and victims, the limits of law enforcement, the death penalty, affirmative action, the right to privacy, abortion, states' rights-the Bill of Rights has been evoked as the legal basis for every one of these issues. Twelve distinguished legal scholars discuss the history of and the current debates on these and other important rights issues in a book that is certain to stimulate thoughtful discussion among all citizens.
Contents
ContentsIntroduction, James W. Ely, Jr., and David J. BodenhamerThe Bill of Rights (and the Fourteenth Amendment)Part 1. The Myth and Reality of Rights1. Rights Consciousness in American History, Daniel T. Rodgers2. The Explosion and Erosion of Rights, Gary L. McDowellPart 2. Modern Rights in Controversy3. The First Amendment and the Freedom to Differ, Suzanna Sherry4. Church and State: The Religion Clauses, Melvin I. Urofsky5. Public Safety and the Right to Bear Arms, Robert J. Cottrol and Raymond T. Diamond6. The Enigmatic Place of Property Rights in Modern Constitutional Thought, James W. Ely, Jr.7. Reversing the Revolution: Rights of the Accused in a Conservative Age, David J. Bodenhamer8. Police Practices and the Bill of Rights, Laurence A. Benner and Michal R. Belknap9. "The "Cruel and Unusual Punishment" Clause: A Limit on the Power to Punish or Constitutional Rhetoric?, Joseph L. Hoffmann10. Equal Protection and Affirmative Action, Herman BelzPart 3. Rights Remembered, Revised, and Extended11. The Right to Privacy, Ken I. Kersch12. Second Wind for the State Bill of Rights, Randall T. ShepardNotesBibliographic EssaysList of ContributorsTable of CasesIndex
