Author: Carolyn Nestor Long
Publisher: Univ Pr of Kansas
Release Date: 2006-04-26
Although she came to be known as merely "that girl with the dirty books," Dollree Mapp was a poor but proud black woman who defied a predominantly white police force by challenging the legality of its search-and-seizure methods. Her case, which went all the way to the Supreme Court, remains hotly debated and highly controversial today. In 1957, Cleveland police raided Mapp's home on a tip--from future fight promoter Don "the Kid" King--that they'd find evidence linked to a recent bombing. What they confiscated instead was sexually explicit material that led to Mapp's conviction for possessing "lewd and lascivious books"--a conviction that initially pitted Ohio police and judges against Mapp and the American Civil Liberties Union. At stake was not only the search-and-seizure question but also the "exclusionary rule" concerning the use of evidence not specified in a search warrant. Carolyn Long follows the police raid into Mapp's home and then chronicles the events that led to the Court's 5-4 ruling in Mapp v. Ohio (1961), which redefined the rights of the accused and set strict limits on how police could obtain and use evidence. Long traces the case through the legal labyrinth, discusses the controversies it created, and assesses its impact on police behavior, as well as subsequent prosecutions and convictions of the accused. She also analyzes Justice Tom Clark's creative use of Mapp's case to overturn Wolf v. Colorado, which had ruled that the Fourth Amendment's protection against unreasonable searches applied only to federal law, and presents Justice John Harlan's strong federalist-based dissent. As entertaining as it is informative, Long's book features a host of intriguingcharacters: Mapp, he seasoned and determined attorney, A. L. Kearns, and police sergeant Carl Delau, among others. Combined with her concise and insightful explanations of key legal principles--including the exclusionary rule itself--Long's deft narrate provides an ideal format for teachers and students in criminology, legal history, constitutional law, and political science, as well as anyone who loves a good story. The Mapp case is still much debated, especially in light of the recent reauthorization of the U.S. Patriot Act and the free rain given to law enforcement officers in matters of search and seizure. Long's compelling study thus poses important questions regarding privacy and individual rights that still matter today, even as it also illuminates one of the keystones of the Warren Court's criminal procedure revolution.
Author: Melvin I. Urofsky
Publisher: Univ Pr of Kansas
Release Date: 2000
In this concise and gracefully written overview of one of the most complex and contentious areas of American law, noted constitutional scholar Melvin Urofsky discusses the tangled legal, historical, ethical, and medical issues related to right-to-die arguments. He closely examines Washington v. Glucksberg and Quill v. Vacco, in which the Supreme Court ruled that there is no constitutional right to physician-assisted suicide, and shows how those cases and the more famous ones involving Karen Ann Quinlan, Nancy Beth Cruzan, and Dr. Jack Kevorkian have affected legal and public opinion on this controversial subject. Book jacket.
Author: Ronald M. Labbé
Release Date: 2003
"The rough-and-tumble world of nineteenth-century New Orleans was a sanitation night-mare, with the city's many slaughterhouses dumping animal remains into neighboring backwaters. When Louisiana finally authorized a monopoly slaughterhouse to bring about sanitation reform, many butchers felt disenfranchised from their livelihoods. Framing their case as an infringement of fundamental rights protected by the new amendment, they flooded the lower courts with nearly 300 suits. The surviving cases that reached the U.S. Supreme Court pitted the butchers' right-to-labor against the state's "police power" to regulate public health. The result was a controversial and long-debated decision that for the first time addressed the meaning the import of the Fourteenth Amendment.".
Author: John D. Bessler
Release Date: 2012
Genre: Social Science
This indispensable history of the Eighth Amendment and the founders' views of capital punishment is also a passionate call for the abolition of the death penalty based on the notion of cruel and unusual punishment
Acclaimed journalist Jeffrey Toobin takes us into the chambers of the most important—and secret—legal body in our country, the Supreme Court, revealing the complex dynamic among the nine people who decide the law of the land. An institution at a moment of transition, the Court now stands at a crucial point, with major changes in store on such issues as abortion, civil rights, and church-state relations. Based on exclusive interviews with the justices and with a keen sense of the Court’s history and the trajectory of its future, Jeffrey Toobin creates in The Nine a riveting story of one of the most important forces in American life today.
Author: Robert Justin Goldstein
Publisher: Univ Pr of Kansas
Release Date: 2000
When Gregory Lee Johnson burned an American flag as part of a political protest, he was convicted for flag desecration under Texas law. But the Supreme Court, by a contentious 5 to margin, overturned that conviction, claiming that Johnson's action constituted symbolic -- and thus protected -- speech. Heated debate continues to swirl around that controversial decision, both hailed as a victory for free speech advocates and reviled as an abomination that erodes the patriotic foundations of American democracy. Such passionate yet contradictory views are at the heart of this landmark case. Book jacket.
The fifth edition of Understanding Criminal Procedure is new in many respects. Most significantly, it has been enlarged to two volumes. The first volume is intended for use in criminal procedure courses focusing primarily or exclusively on police investigatory process. Such courses are variously titled: Criminal Procedure I; Criminal Procedure: Investigation; Criminal Procedure: Police Practices; Constitutional Criminal Procedure; etc. Because some such courses also cover the defendant's right to counsel at trial and appeal, the first volume includes a chapter on this non-police-practice issue. (The latter chapter is also included in Volume Two.) The second volume of Understanding Criminal Procedure covers the criminal process after the police investigation ends, and the adjudicative process commences. This book is useful in criminal procedure courses (variously entitled Criminal Procedure II; Criminal Procedure: Adjudication; etc.) that follow the criminal process through the various stages of adjudication, commencing with pretrial issues — such as charging, pretrial release and discovery — and continuing with the trial itself and then post-conviction proceedings: sentencing and appeals. Understanding Criminal Procedure is primarily designed for law students. The authors have written the Text so that students can use it with confidence that it will assist them in course preparation, and professors can recommend or assign the volumes to students with confidence that they will improve classroom dialogue. Based on comments that the authors received in the past from students and professors alike, they predict that this new, expanded edition of Understanding Criminal Procedure will serve the needs of students and professors even better. Also, based on the experience of prior editions, including citations to this Text in scholarly literature and judicial opinions, we are confident that the two volumes will prove useful to scholars, practicing lawyers, and courts. Understanding Criminal Procedure covers the most important United States Supreme Court cases in the field. Where pertinent, the Federal Rules of Criminal Procedure, federal statutes, and lower federal and state court cases are considered. The broad overarching policy issues of criminal procedure are laid out; and some of the hottest debates in the field are considered in depth and, we think, objectively. Readers should find the Text user-friendly. Students who want a thorough grasp of a topic can and should read the relevant chapter in its entirety. However, each chapter is divided into subsections, so that readers with more refined research needs can find answers to their questions efficiently. The authors also include citations to important scholarship, both classic and recent, into which readers may delve more deeply regarding specific topics. And, because so many of the topics interrelate, cross-referencing footnotes are included, so that readers can easily move from one part of the Text to another, if necessary.
Author: Gerald M. Stern
Release Date: 1976
An in-depth account of the February 1972 disaster in which a dam built by the Pittston Coal Company gave way, killing 125 people, injuring more than 1,100, and leaving more than four thousand homeless, focuses on the survivors' lawsuit against the company, which became a landmark case of a legal triumph over corporate responsibility. Reprint. 17,500 first printing.