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The Supreme Court and the Development of Law: Through the Prism of Prisoners' Rights

The Supreme Court and the Development of Law: Through the Prism of Prisoners' Rights

Author: Christopher E. Smith
Publisher: Palgrave Macmillan
ISBN: 9781137567628
Published In: September 2016
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

RM315.83

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This book 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' unanimous endorsement of a Muslim prisoner's religious right to grow a beard despite objections from prison officials. In the fifty-year span between those two events, the Supreme Court developed the law concerning rights for imprisoned offenders. As demonstrated in this book, the factors that shape Supreme Court decision making are well-illustrated by prisoners' rights cases. This area of law illuminates competing approaches to constitutional interpretation, behind-the-scenes interactions among the justices, and the manipulation of legal precedents. External actors also affect the Supreme Court and its decisions when the president appoints new justices and Congress targets the judiciary with legislative enactments. Because of the controversial nature of prisoners' rights issues, these cases serve to illuminate the full array of influences over Supreme Court decision making.

Shaping Constitutional Law: The Example of Prisoners' Rights

Pioneering Litigation: Black Muslims as an Assertive Political Minority

The Expansion and Contraction of Rights: Through the Eyes of Justice Marshall

A Protective Constitutional Vision: Justice Stevens and the Principles of Liberty

A Rejectionist Constitutional Vision: Justice Thomas and Originalist Arguments

The Pragmatic Middle and Its Consequences: The Influence of Justice O'Connor

Strategic Interaction: Persuasion and Accommodation in Opinion Writing

Redefinition of Precedent: The Influence of Justice Scalia

Reaction and Retrenchment