Cases and Materials on Constitutional Law: Themes for the Constitution's Third Centuryby Daniel A. Farber, William N. Eskridge, Philip P. Frickey
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.
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