Constitutional Rights: Cases in Context, Second Edition places primary emphasis on how constitutional law has developed since the Founding, its key foundational principles, and recurring debates. By providing both cases and context, it conveys the competing narratives that all lawyers ought to know and all constitutional practitioners need to know. Teachable, manageable, class-sized chunks of material are suited to one-semester courses or reduced credit configurations. Generous case excerpts make the text flexible for most courses. Cases are judiciously supplemented with background readings from various sources. Innovative study guide questions presented before each case help students focus on the salient issues, challenging them to consider the court’s opinions from various perspectives, and suggesting comparisons or connections with other cases. Key Benefits: Revised doctrinal areas with newer cases. Updated background contextual material to reflect current scholarship. A highly accessible and engaging structure that examines the competing narratives that pervade the development of American constitutional law since the founding. Related cases are grouped together into “assignments” and make for a reasonable amount of reading for each topic. A wealth of photographs, maps, and primary documents to bring the cases to life.
John C. Ford, The Morality of Obliteration Bombing, in WAR AND MORALITY 15, 26 (Richard A. Wasserstrom ed., 1970). For debate about the proper formulation of the doctrine and its substantive defensibility, see generally THE DOCTRINE OF ...
For rights to matter, rights violations need to be politically costly. But this is difficult to accomplish for unconnected groups of citizens.
... Harding Harding Harding Harding Coolidge Hoover Owen Roberts Benjamin Cardozo Hugo Black Stanley Reed Felix Frankfurter.
Introduction: Putting the people back in "We the people" / Michael C. Dorf -- The story of Marbury v. Madison: making defeat look like victory / Michael W. McConnell --...
Klutznick, 186 Gagnon v. Scarpelli, 154 Garcia v. San Antonio Metropolitan Transit Authority, 136 Gibbons v. Ogden, 89 Gitlow v. New York, 148 Goldberg v. Kelly, 144, 149 Goldwater v. Carter, 117 Gomillion v. Lightfoot, 249–250 Gonzales ...
Sung Ho Kim, “To Make 'We the People': Constitutional Founding in Postwar Japan and South Korea” (2010) 8 International Journal of Constitutional Law 800, 814. Akihiro Ogawa, “Peace, a Contested Identity: Japan's Constitutional Revision and Grassroots Peace Movements” (2011) 36 Peace & Change 373,374. David Arase, “Japan, the Active State? Security Policy After 9/11” ( ...
The book's answers not only enrich philosophical understanding of the concept of a 'right', but also produce important practical payoffs.
Statutory benefits, however, were deemed “new property” by Professor Charles Reich, who is credited with providing the intellectual impetus for the dismissal of the rigid right-privilege distinction.25 Following Professor Reich's lead, ...
This work explains the nature of constitutional rights.
Written by an American political scientist who is also a barrister, and a practicing American lawyer, this casebook emphasizes the deep roots of American constitutional rights in both English and...