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SAGE Publications

Cover Image: We the Students: Supreme Court Cases for and about Students, Fourth Edition
  • Date: 07/01/2014
  • Format: Print Paperback
  • Price: $60.00
  • ISBN: 978-1-4833-1919-3
  • Pages: 400
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We the Students: Supreme Court Cases for and about Students, Fourth Edition
Jamie B. Raskin, American University

    Gain a deeper appreciation of democratic freedoms and challenges! 

    We the Students is a highly acclaimed resource that has introduced thousands of students to the field of legal studies by covering Supreme Court issues that directly affect them. It examines topics such as students’ access to judicial process; religion in schools; school discipline and punishment; and safety, discrimination and privacy at school.  Through meaningful and engagingly written commentary, excerpts of Supreme Court cases (with students as the litigants), and exercises and class projects, author Jamie B. Raskin provides students with the tools they need to gain a deeper appreciation of democratic freedoms and challenges, and underscores their responsibility in preserving constitutional principles. Completely revised and updated, the new, Fourth Edition of We the Students incorporates new Supreme Court cases, new examples, and new exercises to bring constitutional issues to life.


    • New Supreme Court case excerpts cover strip searches at school, student free speech on the Internet, affirmative action, the use of race in school admissions, student protest or religious speech, and the constitutional implications surrounding trends such as home schooling and rising gun violence in America’s schools.
    • Intriguing new group and individual exercises have been added.


    • Carefully edited Supreme Court decisions help students achieve an appreciation for and an understanding of the U.S. Constitution.
    • Photos of Supreme Court Justices in college and high school, along with photos of the high school students, teachers, and principals involved in the cases, bring concepts to life.
    • Cases are included from state and lower federal courts, as well as from the Supreme Court.
    • “Dissenting Voices” sections provide context for minority judicial opinions.
    • Group and individual exercises in every chapter aid student mastery.
    Formats Available from CQ Press
    ISBN: 978-1-4833-1919-3 Format: Print Paperback Retail Price: $60.00 Price to Bookstores: $48.00
    New to this Edition


    • New Supreme Court case excerpts cover strip searches at school, student free speech on the Internet, affirmative action, the use of race in school admissions, student protest or religious speech, and the constitutional implications surrounding trends such as home schooling and rising gun violence in America’s schools.
    • Intriguing new group and individual exercises have been added.
    Previous Editions
    Third Edition ©2008

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    CQ Press, a Division of SAGE Publications, Inc.
    2300 N Street, NW, Suite 800
    Washington, DC 20037
    Table of Contents

    Chapter 1: “We The People”: Our Constitution And Courts
         Why a Constitution?
         The American Constitution: What Is It?
         The Constitution: Whose Is It?
         The Constitution: What Does It Mean?
         Federalism: How the States Share the Power
         The Incorporation of the Bill of Rights 
         The State Action Requirement 
         Judicial Architecture: How Our Court System Works
         Majority and Dissenting Opinions
         How to Brief a Case

    Chapter 2: Student Voices And Supreme Court Choices: The First Amendment And Speech At School 
         Expressive Conduct and the Right Not to Speak 
         West Virginia State Board of Education v. Barnette 
         The Right to Speak Freely and Protest (but Not to Disrupt) 
         Tinker v. Des Moines Independent Community School District 
         The Confederate Flag and Other Racially Provocative Symbols 
         Hirsute Lawsuit: Do Boys Have the Right to Wear Long Hair? 
         Karr v. Schmidt 
         Double Entendres and Double Standards: Lewd and Suggestive Language in a Student Government Campaign Speech
         “BONG HiTS 4 JESUS”: Testing the Limits of Free Speech 
         Morse v. Frederick 
         Hateful Protest by Religious Fanatics on Public Property: Snyder v. Phelps, the Protection of Obnoxious Speech, and Student Mobilization against the Westboro Baptist Church
         Thought Control or Quality Control? The Problem of Library Book Removal 
         Viewpoint Neutrality and Religious Speech: Good News for the Free Speech Rights of Religious Americans
         Good News Club v. Milford Central School 

    Chapter 3: Freedom Of The Student Press: All The News (The School Sees) Fit To Print
         Freedom of the Student Press in Official School-Sponsored Activities 
         Hazelwood School District v. Kuhlmeier 
         Squelching Debate: A Different Sort of Blair Witch-Hunt 
         Cyber Censors: Rising Conflicts over Internet Homepages 
         Killion v. Franklin Regional School District 
         Insults and Ridicule versus Threats and Harassment: When Does Off-Campus On-Line Speech Actually Become On-Campus Disruption? 

    Chapter 4: The Wall Of Separation Between Church And School
         Freedom from Establishment of Religion at School 
         Engel v. Vitale
         Graduating from Invocation and Benediction
         Lee v. Weisman 
         Santa Fe Independent School District v. Doe
         Government Aid to Private Religious Schools: When Does It Cross the Line? 
         Everson v. Board of Education of the Township of Ewing 
         School Vouchers: Making Education Redeemable in Secular or Religious Schools
         Zelman v. Simmons-Harris
         The First Amendment and the Ten Commandments 
         Stone v. Graham
         Season’s Greetings! The Court’s Agonizing Ambivalence over Christmas Nativity Displays 
         One Nation, under Canada, with Constitutional Controversy for All: New Conflict over the Pledge of Allegiance 
         Newdow v. U.S. Congress 
         The Supreme Court’s Curious Response to Newdow v. U.S. Congress 
         The Free Exercise Rights of Religious Americans 
         Wisconsin v. Yoder
         The Theory of Evolution and the Story of Creation: An Ongoing Duel in the Classroom 

    Chapter 5: The Fourth Amendment: Searching The Student Body 
         Reduced Privacy Rights at School 
         New Jersey v. T. L. O. 
         A Fluid Analysis of the Fourth Amendment: Drug Tests and Extracurricular Activities 
         Board of Education of Independent School District No. 92 of Pottawatomie County v. Earls 
         “Embarrassing, frightening, and humiliating”: Strip Searches and Naked Violations of the Fourth Amendment
         Safford Unified School District #1 v. Redding 
         Metal Detectors and the Constitution 
         In Re Latasha W. 

    Chapter 6: The Constitution And Student Discipline: “Due Process” And “Cruel And ­Unusual Punishment” At School
         Due Process 
         Goss v. Lopez 
         The Crime of Hanging Out with Gang Members: “Loitering with No Apparent Purpose” in Chicago and the Due Process Clause 
         City of Chicago v. Morales 
         Corporal Punishment 
         Ingraham v. Wright 
         Corporal Punishment in the Aftermath of Ingraham v. Wright 

    Chapter 7: Equal Protection Against Race Discrimination: From Jim Crow Segregation To ­Multicultural Democracy 
         The Persistent Legacy of Slavery and Racism 
         Brown v. Board of Education of Topeka 
         Two Steps Forward, One Step Back: “Massive Resistance” and the Reaction to Brown 
         Cooper v. Aaron 
         Griffin v. County School Board of Prince Edward County 
         The Right to Love 
         Can Public Schools Deliberately Integrate Students Today? 
         Parents Involved in Community Schools v. Seattle School Dist. No. 1 
         Race and Ethnicity in College and Graduate School Admissions: Affirmative Action or “Reverse Discrimination”? 
         Jennifer Gratz and Patrick Hamacher, Petitioners v. Lee Bollinger et al. 
         Barbara Grutter, Petitioner v. Lee Bollinger et al. 

    Chapter 8: The Other Lines We Draw At School: Wealth, Gender, Citizenship, And Sexual Orientation 
         Rich Schools, Poor Schools: The Court’s Treatment of “Separate but Equal” School Financing 
         “Suspect” Classes and Gender-Based Segregation 
         Boys and Girls Equal: Title IX 
         Roderick Jackson, Petitioner v. Birmingham Board of Education 
         Separating Citizens from Noncitizens under the Law 
         Plyler v. Doe 
         Discrimination against Gays and Lesbians 
         Boy Scouts of America v. Dale
         United States, Petitioner v. Edith Schlain Windsor 

    Chapter 9: Harassment In The Hall, Blood On The Board: Sexual Harassment, Bullying, And Gun Violence At School
         When Teachers Harass Students
         Gebser v. Lago Vista Independent School District
         When Students Harass Students
         Davis v. Monroe County Board of Education
         The Rights of Gay and Lesbian Students against Harassment
         Blood on the Board: Mass Shootings at School
         District of Columbia v. Heller
         Expansion of the Reach of the Second Amendment

    Chapter 10: A Healthy Student Body: Disability, Privacy, Pregnancy, And Sexuality
         The Rights of the “Differently Abled” under the Individuals with Disabilities Education Act
         Cedar Rapids Community School District v. Garret F.
         Peer Grading and the Right to Privacy
         Owasso Independent School Dist. No. I-011 v. Falvo
         Three Trimesters: Pregnant at School
         Pfeiffer v. Marion Center Area School District
         Curtis v. School Committee of Falmouth
         Abortion and the Privacy Rights of Teenagers
         Planned Parenthood of Southeastern Pennsylvania v. Casey

    "We the Students is a dynamic, riveting, but fundamental dimension of our constitutional democracy. We the Students transforms students into Justices and advocates arguing and resolving matters of grave importance to daily life." - Kenneth W. Starr, Former Judge, United States Court of Appeals for the District of Columbia Circuit
    Jamie B. Raskin, American University
    Jamin B. Raskin is professor of constitutional law, the First Amendment, and the Legislative Process at American University Washington College of Law and founder of its acclaimed Marshall-Brennan Constitutional Literacy Project, which places law students across America in public high schools to teach the "We the Students" constitutional literacy course. Raskin is also a Maryland State Senator who led the floor fights for marriage equality and repeal of the death penalty in his state and is the Majority Whip of the Maryland Senate. A former state assistant attorney general, Raskin is an active public interest lawyer and a Senior Fellow at People for the American Way. He is the author of Overruling Democracy (2003) and dozens of law review articles, op-eds, and essays.
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