Cases and Materials on Constitutional Law:Themes for the Constitution's Third Century / Edition 4

Cases and Materials on Constitutional Law:Themes for the Constitution's Third Century / Edition 4

by Daniel A. Farber, William N. Eskridge
     
 

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ISBN-10: 0314274243

ISBN-13: 9780314274243

Pub. Date: 08/09/2011

Publisher: West Academic Publishing

This book focuses its attention on the topics with the greatest contemporary legal significance - areas such as discrimination law, fundamental rights, and separation of powers, where the "judicial action" is these days. The authors have tried to provide some historical context for modern doctrine, and to give at least a brief treatment of less contentious areas of

Overview

This book focuses its attention on the topics with the greatest contemporary legal significance - areas such as discrimination law, fundamental rights, and separation of powers, where the "judicial action" is these days. The authors have tried to provide some historical context for modern doctrine, and to give at least a brief treatment of less contentious areas of law. The most striking departure from prior constitutional law casebooks is that the authors do not start with a Marshall Court decision such as Marbury v. Madison. Instead, the authors start with Brown v. Board of Education and the historical litigation background of that case.

Beginning the book with Brown generates greater initial enthusiasm in students than starting with cases further removed from their interests. Beyond the initial draw, the authors maintain interest throughout the book with reference to individual rights, race, employment exclusions, the right to sexual and reproductive freedom, and much more.

Product Details

ISBN-13:
9780314274243
Publisher:
West Academic Publishing
Publication date:
08/09/2011
Series:
American Casebook Series
Edition description:
4
Pages:
160
Product dimensions:
7.10(w) x 9.90(h) x 0.40(d)

Table of Contents

Preface
Table of Cases

Chapter 1: A Prologue on Constitutional History
1. The Constitution and the Bill of Rights, 1787-91
2. The Marshall Court's Nationalist Vision 1801-1835
3. States' Rights, Slavery & Civil War, 1836-1873
4. The Lochner Era, 1873-1937
5. The Court Packing Controversy & the New Deal Court, 1937-1942
6. The Warren Court and Beyond, 1953-Present
Appendix to Chapter 1: Recent Justices

Chapter 2: An Introduction to Constitutional Decisionmaking
1. Brown v. Board of Education: A Case Study
2. The Supreme Court's Role in our Political System
3. Brown and Theories of Constitutional Decisionmaking

Chapter 3: The Constitution and Racial Discrimination
1. Racial Classifications After Brown
2. Limitations on Judicial and Congressional Power to Combat Racial
Discrimination: The State Action Doctrine and Congressional Power to Enforce Civil Rights
3. The Affirmative Action Controversy: Benign Racial Classifications or Reverse Discrimination?

Chapter 4: Gender Discrimination and Other Equal Protection Concerns
1. Minimal Equal Protection Scrutiny
2. Gender-based Discrimination
3. What Level of Scrutiny for Other "Suspicious" Classifications?

Chapter 5: Protecting Fundamental Rights
1. Introduction
2. Protecting Economic Liberty and Property
3. Equal Protection and "Fundamental Interests"
4. Fundamental Privacy Rights
5. The "Right to Die"
6. Procedural Due Process

Chapter 6: The First Amendment
1. Free Speech and Competing Values
2. Regulation of Harmful Messages
3. Speech with a Government Nexus
4. Process-based Protections for Speech
5. Freedom of Association
6. The Religion Clauses

Chapter 7: Federalism
1. The Powers Delegated to the National Government
2. Intergovernmental Immunities and Congressional Power
3. The Constitution and Specific Limitations on State Powers

Chapter 8: Structures of the National Government (Separation of Powers and Checks and Balances)
1. Problems of Aggrandizement (The Imperial Presidency)
2. The Problem of Sloughing Off (The Lazy Congress)
3. The Problem of Reshuffling Disputes and Judges (Toward a New Pragmatism?)

Chapter 9: Constitutional Remedies
1. Article III Barriers to Constitutional Adjudication of Certain Controversies
2. Constitutional Immunities
3. Public Law Litigation and the Implementation of Brown

Appendices and Index

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