American Legal History: Cases and Materials / Edition 4

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Overview


Approaching American legal history from a new perspective, this text employs cases and other legal documents to reveal the law's underlying culture. American Legal History provides a comprehensive selection of the most important documents, which integrate the history of public and private law from America's colonial origins to the present. It devotes special attention to the interaction of social and legal change, shows how legal ideas developed in tandem with specific historical events, and reveals a rich legal culture unique to America. Introductions and instructive headnotes accompany each document, tying legal developments to broader historical themes and providing a social and political context essential to an understanding of the history of law in America.

This second edition is fully updated as well as expanded. The authors have revised the sections on the colonial, pre-Civil War, and immediate post-World War II periods, and have added material on the most recent developments in American constitutional and legal history. Special attention is paid to issues of death and dying, criminal justice, environmentalism, and feminist critique of the law. Offering a thorough examination of both public and private law, American Legal History is essential for students and teachers of constitutional and legal history, the judicial process, and the effects of law on society.

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Editorial Reviews

Stephen S. Meinhold
AMERICAN LEGAL HISTORY already had a place on my bookshelf before I was asked to review it for this list. Having used AMERICAN LEGAL HISTORY as a reference in developing my lectures and to answer undergraduates' questions it was a pleasure to reconsider the book in toto. Hall, Wiecek and Finkelman have compiled an authoritative, exhaustive and useful collection of legal and political documents relating to America's legal history. All three of the editors are professors of history and Hall and Wiecek are professors of law. The book is intended for undergraduate and graduate courses in political science and history and is comprised of excerpts from cases and documents. Headnotes that provide an appropriate context are included with each document. The table of contents is well-structured and easy to use. I recommend this book for your personal and institutional libraries. AMERICAN LEGAL HISTORY is organized chronologically into eleven chapters starting with Chapter 1: "Law in the Morning of American: The Beginnings of American Law, to 1760" and ending with Chapter 11: "Individual and Community in the Legal Culture, 1988-1994." Each chapter begins with an introduction written by the editors, followed by appropriate cases and documents and substantive notes linking the various documents together and providing social, political and legal context. The chapters vary in the balance between cases and documents, with some including mostly cases and others mostly documents. One can quibble about the editing of the cases and documents and the decisions regarding which ones to include or exclude, but, in my opinion, the editors have safely captured the entire sweep of American legal history in a volume of reasonable length. While most of the cases excerpted in AMERICAN LEGAL HISTORY can be found in other popular casebooks, it is rare to find so many legal and political documents in a single place. The inclusion of a wide variety of documents relating to the development of law in America strengthens the reader's ability to place the cases in an appropriate context. Hall, Wiecek and Finkelman include excerpts from a variety of sources such as presidential addresses, political philosophy, constitutions and statutes. A sample of the material from Chapter 4: "Slavery, the Civil War, and Reconstruction" includes case excerpts from DRED SCOTT v. SANDFORD (1857) and The SLAUGHTERHOUSE CASES (1873) and excerpts from Abraham Lincoln's speeches, Mississippi's Black Codes, and the Articles of Impeachment Against Andrew Johnson. Likewise Chapter 8: "Total War, Civil Liberties, and Civil Rights" includes excerpts from well known cases such as SCHENCK v. UNITED STATES (1919), WEST VIRGINIA STATE BOARD OF EDUCATION v. BARNETTE (1943), and OLMSTEAD v. UNITED STATES (1928) as well as Louis D. Brandeis and Samuel Warren's "The Right to Privacy" and Roscoe Pound and Felix Frankfurter's "Criminal Justice in Cleveland" (1922). The inclusion of these original documents increases AMERICAN LEGAL HISTORY's usefulness. Hall, Wiecek and Finkelman include substantive introductions to each chapter, headnotes for each document, and additional substantive notes for many of the documents. This material helps the reader locate the documents and cases in an appropriate social, political, and legal context. I found the material invaluable for improving my lectures and providing background for class discussions. The introductions and notes often make references to additional cases and documents that point the interested reader in directions for further research. For undergraduates writing research papers on the subjects covered in AMERICAN LEGAL HISTORY, it would be a good place to start. The strength of AMERICAN LEGAL HISTORY for most political scientists will be its value as a reference. It is not a book I would consider adopting as the primary text for my undergraduate courses in Constitutional Law or Judicial Politics. While the material is presented thoughtfully and carefully the authors quest to "let the documents of legal history speak for themselves" (p. v) sacrifices the development of lines of inquiry and themes more appropriate for undergraduate political science courses. I can imagine some limited use for it in a graduate seminar on the American Legal System and I leave open the question of its usefulness in history courses to historians. For teachers and researchers in political science who want an excellent collection of cases and documents pertaining to our legal system AMERICAN LEGAL HISTORY fits the bill.
From the Publisher

"I find it to be an excellent source book for a student's first experience with [Legal History] material."--Ronald W. Eades, School of Law, University of Louisville

"A superb collection--my favorite since it was first published."--Joan Friedman, Colgate University

"An exemplary collection of cases and materials covering the spectrum of America's rich legal history."--Thomas C. Mackey, University of Louisville

"This book pulls together what I have been lecturing about."--Joe N. Cagle, Gaston College

"This is an excellent collection of the most important documents in American legal history."--Dr. Robert W. Langran, Villanova University

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Product Details

  • ISBN-13: 9780195395426
  • Publisher: Oxford University Press, USA
  • Publication date: 12/29/2010
  • Edition description: New Edition
  • Edition number: 4
  • Pages: 752
  • Sales rank: 438,450
  • Product dimensions: 6.60 (w) x 9.20 (h) x 1.60 (d)

Meet the Author

Kermit L. Hall (1944-2006) was President of the University at Albany, State University of New York.

Paul Finkelman is President William McKinley Distinguished Professor of Law and Public Policy and Senior Fellow in the Government Law Center at Albany Law School.

James W. Ely, Jr., is Milton R. Underwood Professor of Law, Emeritus, and Professor of History, Emeritus, at Vanderbilt University.

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Table of Contents

Preface

Chapter 1: Law in the Morning of America: The Beginnings of American Law to 1760

THE ENGLISH HERITAGE AND MAGNA CHARTA
Magna Charta (1215)
Note: Due Process and the Law of the Land
Note: The Reformation and Tudor England
THE VIRGINIA COLONY
Dale's Laws (1611)
THE BEGINNINGS OF CONSTITUTIONALISM IN AMERICA
The Mayflower Compact (1620)
John Winthrop, "A Model of Christian Charity" (1629)
Note: Roger Williams and Religious Liberty
Roger Williams, "The Bloudy Tenent of Persecution for Cause of Conscience" (1644)
Roger Williams to the Town of Providence (1655)
The Laws and Liberties of Massachusetts (1648)
The Rhode Island Patent (1643)
The Maryland Toleration Act (1649)
Note: England's Civil War
THE POST-RESTORATION COLONIAL GOVERNMENTS
The Fundamental Constitutions of Carolina (1669)
William Penn, First Frame of Government (1682)
The New-York Charter of Libertyes (1683)
THE GLORIOUS REVOLUTION
Note: The Case of the Seven Bishops (1688)
The English Bill of Rights (1689)
John Locke, "Second Treatise of Civil Government" (1690)
THE SOURCES OF LAW IN AMERICA
Note: Reception of the Common Law
William Blackstone on Reception (1765)
Giddings v. Brown (1657)
LAW AND COLONIAL SOCIETY
Morality and Colonial Law
"A Horrible Case of Beastiality," Plymouth Colony (1642)
Marriage, Women, and the Family
William Blackstone on Women in the Eyes of the Law (1765)
Note: Women and the Law in the Colonial Era
An Act Concerning Feme-Sole Traders (1718)
Widows of New York and Taxes
Children, Apprenticeship, Education
Virginia Apprenticeship Statute (1646)
Children's Education in Plymouth (1685)
White Indentured Servitude
In re Wm. Wootton and John Bradye (1640)
South Carolina Servant Regulations (1761)
Slavery
In re John Punch (1640)
In re Emanuel (1640)
Re Mulatto (1656)
Re Edward Mozingo (1672)
Moore v. Light (1673)
Against Runnaway Servants, Act XVI (1657-1658)
How Long Servants Without Indentures Shall Serve, Act XVIII (1657-1658)
An Act for the Dutch and All Other Strangers for Tradeing to This Place, Act XVI (1659-1660)
Run-aways, Act CII (1661-1662)
Negro Womens Children to Serve According to the Condition of the Mother, Act XII (1662)
An Act Declaring that Baptisme of Slaves Doth Not Exempt Them from Bondage, Act II (1667)
An Act About the Casuall Killing of Slaves, Act I (1669)
An Act for Preventing Negro Insurrections, Act X (1680)
The Germantown Protest Against Slavery (1688)
South Carolina Slave Code (1740)
The New York "Negro Plot" (1741)
Colonial Welfare Systems
An Act for the Relief of the Poor (1742)
Note: Colonial Workfare
Class Legislation, Sumptuary Laws, and Social Deference
The Incident of the Roxbury Carters (1705)
Law and the Colonial Economy
The Laws and Liberties of Massachusetts (1648)
The Laws of South Carolina (1734)
Early Criminal Law
The Salem Witch Trials (1692)
Increase Mather, "Cases of Conscience Concerning Evil Spirits Personating Men" (1692)
Cotton Mather, The Wonders of the Invisible World (1693)
Politics and Criminal Law: Toward a New America
The Zenger Trial (1735)

Chapter 2: Law in a Republican Revolution 1760-1815

THE AMERICAN REVOLUTION
Jonathan Mayhew, "Unlimited Submission and Non-resistance to the Higher Powers" (1750)
Note: Litigation and the Coming of the Revolution
James Otis, "The Rights of the British Colonies" (1764)
William Blackstone on the Imperial Constitution (1765)
The Declaratory Act (1766)
The Declaration and Resolves of the Continental Congress (1774)
Tom Paine, Common Sense (1776)
The Declaration of Independence (1776)
REPUBLICAN STATE CONSTITUTIONALISM
The Virginia Declaration of Rights (1776)
The People the Best Governors (1776)
Note: The Pennsylvania Constitution of 1776
Slavery and the New Nation
Somerset v. Stewart (1772)
The Pennsylvania Gradual Abolition Act (1780)
Massachusetts Constitution of 1780
Commonwealth v. Jennison (1783)
Virginia Manumission Act (1782)
North Carolina Statute on Slave Murder (1791)
Thomas Jefferson on Slavery, Notes on the State of Virginia (1784)
Religion
The Virginia Statute for Religious Freedom (1786)
New Hampshire Constitution (1784)
Revolution and Law Reform
Thomas Jefferson, Notes on the State of Virginia (1784)
REPUBLICAN NATIONAL CONSTITUTIONALISM
The Articles of Confederation (1781)
The Philadelphia Convention (1787)
Debates Over Ratification of the Constitution
Antifederalist Critique of the Constitution: Elbridge Gerry's Report on the Constitution as Printed in Massachusetts Centinel (1787)
Federalist, Number 10 (1787)
Federalist, Number 78 (1788)
The Northwest Ordinance (1787)
THE NEW REPUBLIC
The Bill of Rights
James Madison, "Property" (1792)
EXECUTIVE POWER, CIVIL LIBERTIES, AND THE GOVERNMENT
Hamilton Versus Madison on Presidential Power (1793)
George Washington, Farewell Address (1796)
The Sedition Act (1798)
The Virginia and Kentucky Resolutions (1798-1799)
Thomas Jefferson, First Inaugural Address (1801)
COURTS, JUDGES, AND THE POWERS OF CONGRESS IN THE NEW NATION
The Judiciary Act (1789)
Jefferson v. Hamilton on the Bank of the United States (1791)
Calder v. Bull (1798)
Marbury v. Madison (1803)

Chapter 3: The Active State and the Mixed Economy 1812-1860

THE GOLDEN AGE OF AMERICAN LAW
COMMERCE, LEGISLATIVE PROMOTION, AND LAW IN THE NEW REPUBLIC
The New York Steamboat Monopoly and the Federal Commerce Power
Livingston v. Van Ingen (1812)
Note: The Mix of Economics, Politics, and Law
Gibbons v. Ogden (1824)
Note: The Effect of Gibbons
The Second Bank of the United States
McCulloch v. Maryland (1819)
Note: A Court Opinion as Political Theory
Andrew Jackson, Veto Message (1832)
Note: Jacksonian Economics
Note: A Federal Common Law
Note: Canals, Internal Improvements, and the States
State Constitutions and the Active State
Ohio Constitution (1851)
Mississippi Constitution (1817)
Mississippi Constitution (1832)
SUBSTANTIVE LAW AND ECONOMIC GROWTH
The Advent of the Corporation
Dartmouth College v. Woodward (1819)
Note: The Politics of the Dartmouth College Case
Charles River Bridge Company v. Warren Bridge Company (1837)
Note: The Limited Liability of Stockholders
Labor in an Industrializing Society
Note: The Traditional Theory of Labor Conspiracy
Commonwealth v. Hunt (1842)
Note: The Fellow Servant Rule
Farwell v. The Boston and Worcester Railroad Co. (1842)
Note: Chief Justice Shaw and Labor
Note: Fellow Servants and Slaves
Property
Van Ness v. Pacard (1829)
Note: Eminent Domain
Parham v. The Justices of Decatur County (1851)
Barron v. Baltimore (1833)
Joseph Angell, A Treatise on the Law of Watercourses (1854)
Note: Water Rights and Industrial Development in the East
Cary v. Daniels (1844)
Note: Water Rights in the West
Walter Prescott Webb, The Great Plains (1931)
Irwin v. Phillips, et al. (1855)
Note: Law and Westward Migration
The Growth of Contract Law in the Nineteenth Century
Seixas and Seixas v. Woods (1804)
McFarland v. Newman (1839)
Icar v. Suares (1835)
Seymour v. Delancey, et al. (1824)
Note: Contracts and the Emerging Speculative Economy
Note: Contracts and the Federal Constitution
The Evolution of Modern Tort Law
Spencer v. Campbell (1845)
Brown v. Kendall (1850)
Note: The Emergence of Negligence
Note: Toward the Future
Ryan v. New York Central Railroad Co. (1866)
Fent et al. v. Toledo, Peoria & Warsaw Railway Co. (1871)
An Act to Establish the Responsibility of Railroad Corporations, Companies and Persons Owning or Operating Railroads, for Damages by Fires Communicated by Locomotive Engines (1887)
Note: Wrongful Death and Tort Law

Chapter 4: Slavery, the Civil War, Reconstruction, and Segregation

SLAVERY AND STATE LAW
Race and the Law of Negro Slavery
Thomas R. R. Cobb, An Inquiry into the Law of Negro Slavery (1858)
The Power of the Master over the Slave 222
State v. Mann (1829)
Note: Harriet Beecher Stowe on Southern Judges
Souther v. Commonwealth (1851)
State v. Hoover (1839)
Mitchell v. Wells (1859)
Note: The Somerset Precedent in America
SLAVERY AND THE CONSTITUTION
The Problem of Fugitive Slaves
Prigg v. Pennsylvania (1842)
Note: Prigg and the Use of History
Note: Prigg and Its Aftermath
Note: Northern States'-Rights Arguments
Slavery, the Territories, and Interstate Comity
Dred Scott v. Sandford (1857)
Note: The Reaction to Dred Scott
Abraham Lincoln, "House Divided" Speech (1858)
Note: The Next Dred Scott Decision
SECESSION AND CONSTITUTIONAL THEORY
South Carolina Ordinance of Nullification (1832)
President Jackson's Proclamation Regarding Nullification (1832)
NULLIFICATION AND SECESSION
Declaration of the Immediate Causes Which Induce and Justify the Secession of South Carolina (1860)
Abraham Lincoln, First Inaugural Address (1861)
THE CIVIL WAR AND EMANCIPATION
Abraham Lincoln, The Emancipation Proclamation (1863)
Note: The Effect of the Emancipation Proclamation
Abraham Lincoln, Second Inaugural Address (1865)
RECONSTRUCTION AND ITS AFTERMATH: POLITICAL CHANGE, BLACK FREEDOM, AND THE NADIR OF BLACK RIGHTS
Political Change
Articles of Impeachment of Andrew Johnson (1868)
Note: The Courts and the Politics of Reconstruction
Black Freedom
Mississippi Black Codes (1865)
An Act to Protect All Persons in the United States in Their Civil Rights, and Furnish Means of Their Vindication (1866)
Note: The Civil Rights Act and the Fourteenth Amendment
Note: Andrew Johnson's Veto of the 1866 Civil Rights Act
Note: The Freedmen's Bureau
Note: The Civil Rights Act of 1875
The End of Civil Rights
The Slaughterhouse Cases (1873)
Note: The Slaughterhouse Legacy
Note: Civil Rights Cases (1883)
Note: Responses to the Civil Rights Cases
Race and Segregation in Nineteenth-Century Law and Society
Roberts v. The City of Boston (1850)
Note: Free Blacks and the Law
Plessy v. Ferguson (1896)
Note: Separate But Equal in the North
Segregation on the Eve of a New Century (1898)

Chapter 5: Nineteenth-Century Law and Society 1800-1900

RACE
Native Americans
Cherokee Nation v. Georgia (1831)
Note: The Federal Government and Native Americans
Lone Wolf v. Hitchcock (1903)
Asians
Yick Wo v. Hopkins (1886)
Note: The Chinese and Jim Crow
Note: Chinese Exclusion
United States v. Wong Kim Ark (1898)
Note: Gentlemen's Agreement (1907)
Oregon v. Charley Lee Quong, Ah Lee, and Lee Jong (1879)
Latinos and Hispanics
California ex rel. M. M. Kimberly v. Pablo de la Guerra (1870)
GENDER AND DOMESTIC RELATIONS
The Rights of Women
"The Seneca Falls Declaration of Sentiments" (1848)
The New York Married Women's Property Acts (1848)
Note: Married Women and the Law
Bradwell v. Illinois (1873)
Minor v. Happersett (1875)
Note: The Case of United States v. Susan B. Anthony (1873)
Marriage and Divorce
Joel P. Bishop, "The Nature of Marriage and How Defined" (1881)
Wightman v. Coates (1833)
Reynolds v. United States (1879)
Note: Divorce
Waldron v. Waldron (1890)
Birth Control and Abortion
State v. Slagle (1880)
Note: Abortion and the Quickening Doctrine
People v. Sanger (1918)
CRIME AND CRIMINAL JUSTICE
Crime and Punishment
Cesare Beccaria, On Crimes and Punishments (1764)
Charles Loring Brace, "The Causes of Crime" (1880)
Note: The Police and the Prison
The Excuse of Crime
State v. Felter (1868)
Note: Insanity Tests
Bill Bell v. The State (1885)
Note: The South and Self-Defense
Late-Nineteenth-Century Crime and Morality
People v. Plath (1885)
The Federal Government, Crime, and Morality
Ex parte Jackson (1877)
Note: Morality and Free Speech

Chapter 6: Lawyers and the Rise of the Regulatory State 1850-1920

THE LAWYER IN AMERICAN SOCIETY
Alexis de Tocqueville on Lawyers and Judges (1835)
LEGAL EDUCATION
Christopher C. Langdell, A Selection of Cases on the Law of Contracts (1871)
Note: Critics of Langdellian Assumptions
LEGAL THEORY IN THE LATE NINETEENTH CENTURY
Thomas M. Cooley, A Treatise on the Constitutional Limitations which
Rest upon the Legislative Power of the States of the American Union (1868)
Note: Social Tension in the 1890s
Christopher G. Tiedemann, A Treatise on the Limitations of Police Power in the United States (1886)
Oliver Wendell Holmes, Jr., The Common Law (1881)
Oliver Wendell Holmes, Jr., "The Path of the Law" (1897)
THE GROWTH OF ECONOMIC REGULATION
Property Rights and Police Power
David J. Brewer, "Protection to Private Property from Public Attack" (1891)
STATE REGULATION AND THE PUBLIC INTEREST
States and Labor Law
New Jersey Child Labor Act (1851)
Illinois Criminal Syndicalism Act (1887)
New York Workers' Compensation Act (1910)
Workers' Compensation and the Question of Causation
Ives v. South Buffalo Railway Co. (1911)
Eminent Domain
Colorado Constitution (1876)
Note: The Evolution of Takings Jurisprudence
FEDERAL REGULATION AND THE PUBLIC INTEREST
The Interstate Commerce Commission
Interstate Commerce Act (1887)
Note: Judicial Reaction to the Interstate Commerce Commission
Trust-Busting: The Statutory Basis
Sherman Anti-Trust Act (1890)
Federal Commerce Power
United States v. E. C. Knight & Co. (1895)
Note: Anti-Trust Law in the Progressive Era
Populist Platform Adopted at St. Louis (1892)
Taxation of Income
Joseph H. Choate, Arguments for Appellant in the Income Tax Cases
(Pollock v. Farmers' Loan and Trust Co.) (1895)
JUDICIAL REACTION TO THE REGULATORY STATE
The Origins of Substantive Due Process
Wynehamer v. The People (1856)
Bond Repudiation and Judicial Review
The Bradley Dissent in Slaughterhouse
The Slaughterhouse Cases (1873)
Reaffirmation of the Police Power
Munn v. Illinois (1877)
Note: Federal Judicial Review of State Rate Regulations
Substantive Due Process in the State Courts
In re Jacobs (1885)
Note: Substantive Due Process and Corporations
Note: The Labor Injunction
Federal Police Power and Labor
In re Debs (1895)
Note: Labor and the Law
Liberty of Contract
Allgeyer v. Louisiana (1897)
Liberty of Contract and Workplace Regulation
Holden v. Hardy (1898)
Lochner v. New York (1905)
Muller v. Oregon (1908)
Toward a Federal Police Power
Champion v. Ames (1903)
Note: The Growth of Federal Police Power
Note: Child Labor

Chapter 7: Total War, Civil Liberties, and Civil Rights

INDIVIDUAL RIGHTS IN A CHANGING CULTURE
Louis D. Brandeis and Samuel D. Warren, "The Right to Privacy" (1890)
WORLD WAR I AND CIVIL LIBERTIES
The Suppression of Dissent During World War I
Paul Murphy, World War I and the Origins of Civil Liberties in the United States (1979)
Censorship, Free Speech, and Opposition to World War I
Schenck v. United States (1919)
Note: Debs v. United States (1919)
Abrams et al. v. United States (1919)
Note: The Abrams Dissent
RADICALS AND CIVIL LIBERTIES
Note: Civil Liberties and Fourteenth Amendment Incorporation
Whitney v. California (1927)
WORLD WAR II AND LEGAL DEVELOPMENTS
The Flag Salute Cases
West Virginia State Board of Education v. Barnette (1943)
The Japanese Internment
Note: Executive Order-No. 9066
Hirabayashi v. United States (1943)
Korematsu v. United States (1944)
Note: Ex parte Endo (1944)
Note: The Internment Cases a Generation Later
CIVIL LIBERTIES AND CRIMINAL JUSTICE IN CRISIS TIMES
The Emergence of Criminal Due Process
Weeks v. United States (1914)
Olmstead v. United States (1928)
Note: Prohibition and the Law
CRIME IN THE CITIES 452
Roscoe Pound and Felix Frankfurter, Criminal Justice in Cleveland (1922)
CIVIL RIGHTS AND RACIAL JUSTICE
Race and the Franchise
Race and Education
Missouri ex rel. Gaines v. Canada (1938)
Note: Beyond Gaines
Racial Justice and Criminal Law
James Harmon Chadbourn, "Lynching and the Administration of Justice" (1933)
Note: Lynching and Federal Law
Note: Black Rights, Southern Justice, and the Supreme Court

Chapter 8: The Rise of Legal Liberalism, Economic Reform, and the New Deal 1900-1945 463

SOCIOLOGICAL JURISPRUDENCE, THE AMERICAN LAW INSTITUTE, AND LEGAL REALISM 465
Oliver Wendell Holmes, Jr., "Law and the Court" (1913)
Note: Oliver Wendell Holmes, Jr., and Judging
Louis D. Brandeis, "Brief for the Defendant in Error," Muller v. Oregon (1907)
The American Law Institute
Elihu Root, "Report of the Committee," American Law Institute (1923)
Note: The American Law Institute and the Restatements
Legal Realism
Jerome Frank, Law and the Modern Mind (1936)
Note: Legal Realism
THE NEW DEAL AND THE RISE OF LEGAL LIBERALISM
The State and Federal Legislative Response
The Supreme Court and the New Deal
Schechter v. United States (1935)
United States v. Butler (1936)
FDR'S Court-Packing Plan
Franklin Roosevelt, "Fireside Chat on the 'Court-Packing' Bill" (1937)
Note: The Fate of FDR's Court-Packing Plan
The Retreat From Economic Substantive Due Process
West Coast Hotel v. Parrish (1937)
Note: The Decline of Substantive Due Process
Ordered Liberty, Preferred Positions, and Selective Incorporation
Palko v. Connecticut (1937)
Note: Carolene Products and Preferred Positions
Footnote 4: United States v. Carolene Products Co. (1938)
THE LIMITS OF FEDERAL JUDICIAL POWER
Note: The Fate of Erie

Chapter 9: Rights, Liberty, and Science in Modern America

CIVIL RIGHTS
Race
Brown v. Board of Education of Topeka, Kansas (1954)
"Southern Declaration on Integration" (1956)
Note: Race and the Constitution
Martin Luther King, Jr., "Letter from Birmingham City Jail" (1963)
Civil Rights Act of 1964
Affirmative Action
Regents of the University of California v. Bakke (1978)
Note: The Future of Affirmative Action in Education
City of Richmond v. J. A. Croson Company (1989)
Note: The Aftermath of Croson
Gender
Griswold v. Connecticut (1965)
Note: The Debate in Griswold
Roe v. Wade (1973)
Note: The Future of Roe
Johnson v. Transportation Agency, Santa Clara County (1987)
Note: Affirmative Action and Sexual Harassment
Sexual Orientation
Romer v. Evans (1996)
Same-Sex Marriages
Baker v. State (1999)
Vermont Civil Union Act (2000)
Defense of Marriage Act
Note: Transgender Persons and the Law
CIVIL LIBERTIES
Freedom of Speech and Press
Dennis et al. v. United States (1951)
Note: Free Speech and Internal Security
New York Times v. Sullivan (1964)
Note: Offensive Speech
Religious Freedom and Separation of Church and State
Engel v. Vitale (1962)
Employment Division, Department of Human Resources of Oregon v. Smith (1990)
Note: Religious Freedom Restoration Act of 1993
CRIMINAL JUSTICE
Miranda v. Arizona (1966)
Note: The Supreme Court and Criminal Justice
Note: Surge in Incarceration
SCIENCE AND LAW
Definition of Death
In re Quinlan (1976)
Note: Right to Die
Surrogate Parenting
In re Baby M (1988)
The Challenge of DNA
Science and Environmental Law
TVA v. Hill (1978)
Note: The Fate of Hill
Cyberspace
Intel v. Hamidi (2003)

Chapter 10: Law and the Economy in Modern America

REGULATORY STATE
Deregulation
The Staggers Act (1980)
The Contours of Environmental Regulation
Howard Latin, "Ideal Versus Real Regulatory Efficiency: Implementation of Uniform Standards and 'Fine-Tuning' Regulatory Reforms" (1985)
Bruce A. Ackerman and Richard B. Stewart, "Reforming Environmental Law" (1985)
William J. Clinton, Executive Order-No. 12866 (1993)
Anti-Trust Policy
ECONOMIC ACTIVITY 58
Contract
Williams v. Walker-Thomas Furniture Company (1965)
Torts
Greenman v. Yuba Power Products, Inc. (1962)
Fassoulas v. Ramey (1984)
Note: Legislative Reform of the Tort System
BMW of North America, Inc. v. Gore (1996)
Note: Beyond Gore
Note: Tobacco Litigation
Property
Lionshead Lake, Inc. v. Wayne Tp. (1952)
Note: Zoning
Eminent Domain
Kelo v. City of New London (2005)
Note: Post-Kelo Developments
Regulatory Takings
Lucas v. South Carolina Coastal Council (1992)
Residential Leases
Javins v. First National Realty Corporation (1970)
Entitlements and "New Property"
NEW FEDERALISM
United States v. Lopez (1995)
Note: New Directions in Commerce Clause Jurisprudence
Printz v. United States (1997)

Chapter 11: Law, Politics, and Terror

THE MODERN PRESIDENCY AND SEPARATION OF POWERS
New York Times Company v. United States; United States v. Washington
Post Company (1971)
Note: The Modern Presidency
United States v. Nixon (1974)
Note: The Resignation of Richard Nixon
THE IMPEACHMENT OF BILL CLINTON
House Committee on the Judiciary, Resolutions of Impeachment Against William Jefferson Clinton, President of the United States, for High Crimes and Misdemeanors (1998)
Note: The Senate Vote on President Clinton 651
POLITICAL QUESTIONS, THE PRESIDENTIAL ELECTION OF 2000, AND THE SUPREME COURT
Bush v. Gore (2000)
Note: The Supreme Court and the Political Process
President-Elect George W. Bush Addresses the Nation (2000)
TERROR, LIBERTY, AND THE PRESIDENCY
Note: The USA PATRIOT Act of 2001
The Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT) Act of 2001, H.R. 3162, Section-by-Section Analysis
The USA PATRIOT ACT: For and Against
The USA PATRIOT ACT: Preserving Life and Liberty (2004)
American Civil Liberties Union, "The USA PATRIOT ACT and Government Actions That Threaten Our Civil Liberties" (2004)
Newt Gingrich, "The Policies of War: Refocus the Mission" (2003)
Zelman v. Simmons-Harris (2002)
Note: Homeland Security Act
Lakhdar Boumediene v. George W. Bush, President of the United States (2008)

Appendix: The Constitution of the United States
Notes
Sources and Credits
Index of Cases

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