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The Supreme Court and the development of law : through the prism of prisoners' rights /
This text illuminates the decision-making processes of the US Supreme court through an examination of several prisoners' rights cases. In 1964, the Supreme Court declined to hear prisoners' claims about religious freedom. In 2014, the Supreme Court heard a case that led to the justices...
| Clasificación: | Libro Electrónico |
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| Autor principal: | |
| Formato: | Electrónico eBook |
| Idioma: | Inglés |
| Publicado: |
New York :
Palgrave Macmillan,
[2016]
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| Temas: | |
| Acceso en línea: | Texto completo |
Tabla de Contenidos:
- Dedication; Preface; Contents; Chapter 1: Shaping Constitutional Law: The Example of Prisoners' Rights; Judicial Decision Making and Constitutional Law; Plan for the Book; A Short Overview of the Development of Prisoners' Rights; Chapter 2: Pioneering Litigation: Black Muslims as an Assertive Political Minority; Black Muslims and the Law; Muslim Prisoners and Litigation; The Essential Role in Cooper v. Pate; The Example of Martin Sostre; Conclusion; Chapter 3: The Expansion and Contraction of Rights: Through the Eyes of Justice Marshall.
- Life Experience and an Understanding of Human ConsequencesJustice Marshall and the Development of Prisoners' Rights; The Diminution of Constitutional Rights; Conclusion; Chapter 4: A Protective Constitutional Vision: Justice Stevens and the Principles of Liberty; Justice Stevens's Orientation Toward Broad Rights; The Centrality and Importance of Liberty; Liberty and Prisoners' Rights; Justice Stevens as the Foremost Advocate of Prisoners' Rights; Rejecting Judicial Deference and Barriers to Court Access; Conclusion.
- Chapter 5: A Rejectionist Constitutional Vision: Justice Thomas and Originalist ArgumentsJustice Thomas's Interpretive Approach; Justice Thomas's Initial Application of Originalism to Corrections; Justice Thomas's New Approach to Prisoners' Rights Cases; Other Rights Behind Bars; The Implications of Justice Thomas's Approach; An Ahistorical Foundation for Justice Thomas's Historical Approach?; Conclusion; Chapter 6: The Pragmatic Middle and Its Consequences: The Influence of Justice O'Connor; Justice O'Connor, Court Composition, and the Influential Center Seat; Impact of Conservative Centrist.
- The Importance of the Turner TestThe Turner Test's Illusory Protection; Justice O'Connor's Effort to Guide the Use of Her Creation; Creeping Standards and the Use of Force; Conclusion; Chapter 7: Strategic Interaction: Persuasion and Accommodation in Opinion Writing; Estelle v. Gamble (1976) and the Eighth Amendment; Houchins v. KQED (1978) and the "Lost" Majority; Conclusion; Chapter 8: Redefinition of Precedent: The Influence of Justice Scalia; Prisoners' Rights Doctrines as Fertile Ground for Judicial Creativity; A Study in Contrasts: Thurgood Marshall and Antonin Scalia.
- The Eighth Amendment and Conditions of ConfinementPrisoners' Right of Access to the Courts; Marshall and the Creation of Opportunity; Scalia and the Exercise of Creativity; Conclusion; Chapter 9: Reaction and Retrenchment; Free Exercise of Religion; Prison Litigation Reform Act; Consequences of the PLRA; Retrenchment; Conclusion; References ; Cases Cited; Case Index; Other Index ; Subject Index.