Suchergebnisse

CIVIL LIBERTIES HAVE ALWAYS BEEN A PART OF TEACHING CONSTITUTIONAL LAW IN COLLEGE AND LAW SCHOOLS. THE APPROACH TO THE STUDY OF CONSTITUTIONAL LAW, NOT UNLIKE THE APPROACH TO THE STUDY OF GOVERNMENT AND POLITICS IN GENERAL, HAS UNDERGONE IMPORTANT CHANGES AND SHIFTS IN EMPHASIS SINCE WORLD WAR II. A NUMBER OF STATE COURTS HAVE BEGUN RESORTING TO THEIR OWN CONSTITUTIONS TO PROTECT RIGHTS THAT WERE NOT BEING VINDICATED BY THE SUPREME COURT. IN THIS ARTICLE, TEXTBOOKS CURRENTLY IN USE AT COLLEGE AND UNIVERSITY LEVELS REPRESENTING ALL APPROACHES ARE EXAMINED. IN THE PAST FIFTEEN YEARS, THE EXPANSION OF THE JUDICIAL ROLE HAS COME AS MUCH FROM STATE HIGH COURTS AS FROM THE SUPREME COURT. STARTING IN THE EARLY SEVENTIES AND CONTINUING TO THE PRESENT, WE HAVE HAD A REVIVAL OF STATE COURT ACTIVITY IN THE AREA OF RIGHTS. THE SITUATION IS GRADUALLY CHANGING; WITH GREATER REGULARITY, ATTORNEYS ARE RESEARCHING AND BRIEFING STATE CONSTITUTIONAL ISSUES. IN ADDITION, THOSE CONCERNED WITH THE VIABILITY AND EFFECTIVENESS OF OUR STATE POLITICAL SYSTEMS SHOULD WELCOME AND ENCOURAGE THE DEVELOPMENT OF STATE CONSTITUTIONAL LAW AS A SIGN OF HEALTH.

Darstellung und Interpretation der Ergebnisse zweier Umfragen (1986 und 1987) unter den israelischen Juden über die Bedeutung, die sie den demokratischen Grundfreiheiten zumessen, und über ihr Vertrauen in die gesellschaftlichen Institutionen (Parlament, Gerichte, Militär, Polizei u.a.). Vergleich mit den Ergebnissen ähnlicher Umfragen in den USA. (DÜI-Hns)

IT SEEMS EVIDENT THESE DAYS THAT THE POLITICAL BATTLES IN WASHINGTON ARE BASED ON A TYPE OF FEAR THAT IS MANIFEST IN AN AVALANCHE OF REACTIONARY, SIMPLE-MIDED POLICY PROPOSALS. THE PROPONENTS OF THESE PROPOSALS VIEW THEM AS A REMEDY TO THEIR GROWING INSECURITY WITH THE PRESENT STATE OF THE NATION. THE CURRENT THRUST TO INTRODUCE MORE STINGENT CRIME CONTROL PROPOSALS IS NO EXCEPTION TO THIS TREND.

CANADIAN SUPREME COURT RECEIVES LITTLE ATTENTION AND, AS A RESULT, CANADIANS DO NOT REALIZE JUST WHAT CIVIL LIBERTIES THEY DO OR DO NOT HAVE. THIS IS UNFORTUNATE BECAUSE CANADIANS HAVE MUCH LESS IN THE WAY OF CIVIL LIBERTIES THAN DO AMERICANS. TO BETTER UNDERSTAND THESE INADEQUACIES, THE AUTHOR EXAMINES THE CANADIAN BILL OF RIGHTS ALONG WITH THE SUPREME COURT'S ROLE IN INTERPRETING THE DOCUMENT.

THE CONCEPT OF 'CIVIL RIGHTS' IS BASED ON ASSUMPTIONS THAT DO NOT EXTEND TO ALL LANDS WITHIN U.S. BORDERS, INCLUDING NATIVE AMERICAN RESERVATIONS. A CENTRAL POLICY TENSION EXISTS BETWEEN ENFORCING EURO-AMERICAN 'CIVIL RIGHTS' AND RECOGNIZING NATIVE AMERICAN SOVEREIGNTY. THIS TENSION IS DISCUSSED IN LIGHT OF THE SITUATION ON THE WHITE EARTH RESERVATION, ONE OF SIX RESERVATIONS THAT MAKE UP THE MINNESOTA CHIPPEWA TRIBE. FOUR POSSIBLE MEANS OF ADDRESSING WHITE EARTH CIVIL RIGHTS ISSUES ARE DISCUSSED, EACH WITH POSSIBLE APPLICATIONS IN OTHER RESERVATION SETTINGS. NONE OF THE FOUR IS FOUND TO BE CLEARLY EFFECTIVE IN GAINING THE CIVIL RIGHTS DEFINED FOR U.S. CITIZENS FOR RESERVATION RESIDENTS. ALTHOUGH THE UNDERLYING QUESTION OF THE RELATIONSHIP BETWEEN CIVIL RIGHTS AND SOVEREIGNTY DEFIES EASY SOLUTION, SOME SUGGESTIONS ARE OFFERED.

Cover -- Title Page -- Copyright -- Contents -- Preface -- Chapter 1: Background and History -- Introduction -- The First Amendment-Religion, Speech, Press, Assembly, and Petition -- The Second Amendment-The Right to Bear Arms -- The Third Amendment-The Housing of Soldiers -- The Fourth Amendment-Search and Arrest Warrants -- The Fifth Amendment-Rights in Criminal Cases and Compelling Self-Incrimination -- The Sixth Amendment-Rights to Fair Trial -- The Seventh Amendment-Rights in Civil Cases -- The Eighth Amendment-Bails, Fines, and Punishments -- The Ninth Amendment-Rights Retained by the People -- The Tenth Amendment-Powers Retained by States and the People -- The Fourteenth Amendment-Civil Rights -- The Fifteenth Amendment-Black Suffrage -- Civil Rights Acts by the U.S. Congress -- The Nineteenth Amendment-Women's Suffrage -- The Twenty-Fourth Amendment-Poll Taxes -- The Twenty-Sixth Amendment-Suffrage for Eighteen-Year-Olds -- Conclusion -- References -- Chapter 2: Problems, Controversies, and Solutions -- Introduction -- The Denial of Rights to the "Other -- Conclusion -- References -- Chapter 3: Perspectives -- Introduction -- The COVID-19 Pandemic and Lessons for Civil Rights Coping Strategies -- Two Courts: State Courts of Last Resort and Civil Rights Adjudication -- Defining Equality: Civil Rights Act of 1964 and the Americans with Disabilities Act -- Warrants for Me but Not for Thee: Students' Fourth Amendment Rights in Public Schools -- When Secular and Religious Interests Collide -- Transgender Rights -- The Free Press in the Age of Trump -- Religious Opposition to Abortion Rights: Another Attempt at Establishment of Religion -- Fish-Ins" and the Indian Civil Rights Movement -- Chapter 4: Profiles -- Introduction -- Organizations -- People-Government -- People-Nongovernment -- References -- Chapter 5: Data and Documents.