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American Constitutional Law Essays, Cases, and Comparative Notes - Volumes 1 and 2, 3rd Edition
978-0-7425-6366-7 • Hardback
July 2009 • $125.00 • (£80.00)
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978-0-7425-9983-3 • eBook
July 2009 • $109.99 • (£70.00)

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Pages: 1170
Size: 8 1/2 x 10 1/2
By Donald P. Kommers; John E. Finn and Gary J. Jacobsohn
 
Law | Constitutional
Rowman & Littlefield Publishers
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Teaching Resources Available
American Constitutional Law: Essays, Cases, and Comparative Notes is a unique casebook that encourages citizens and students of the Constitution to think critically about the fundamental principles and policies of the American constitutional order. In addition to its distinguished authorship, the book has two prominent features that set it apart from other books in the field: an emphasis on the social, political, and moral theory that provides meaning to constitutional law and interpretation, and a comparative perspective that situates the American experience within a world context that serves as an invaluable prism through which to illuminate the special features of our own constitutional order. While the focus of the book is entirely on American constitutional law, the book asks students to consider what, if anything, is unique in American constitutional life and what we share with other constitutional democracies. Each chapter is preceded by an introductory essay that highlights these major themes and also situates the cases in their proper historical and political contexts. This new edition offers updated and expanded treatment of a number of important and timely topics, including gerrymandering and campaign finance, the death penalty, privacy, affirmative action, and school segregation.

The new edition offers:

· Updated and expanded treatment of key cases on gerrymandering and campaign finance

· Expanded discussion of the Court's work federalism and the commerce clause

· Discussions of the Court's new cases on the death penalty, including a discussion of the controversy within the Court about the propriety of citing foreign case law

· An expanded discussion of the Court's recent work in the area of privacy, including the Court's decisions with regard to partial birth abortions and same sex marriages

· An expanded section on the Court's continuing efforts to develop a coherent takings clause jurisprudence

· Full coverage of new developments and cases concerning affirmative action an
Donald P. Kommers is Joseph and Elizabeth Robbie Professor of Political Science and professor of law emeritus at Notre Dame University. John E. Finn is professor of government at Wesleyan University. Gary J. Jacobsohn is H. Malcolm MacDonald Professor in Constitutional & Comparative Law in the Department of Government at University of Texas at Austin.
Part 1 Preface
Part 2 Introduction
Part 3 Part I Institutional and Interpretive Foundations
Part 4 Chapter 1. The Supreme Court
Part 5 Chapter 2. The Constitution and Its Interpretation
Part 6 Part II Intergovernmental Powers and Relationships
Part 7 Chapter 3. Judicial Power
Part 8 Marbury v. Madison (1803)
Part 9 Martin v. Hunter's Lessee (1816)
Part 10 Dred Scott v. Sandford (1856)
Part 11 Cooper v. Aaron (1958)
Part 12 Ex Parte McCardle (1868)
Part 13 Luther v. Borden (1849)
Part 14 Baker v. Carr (1962)
Part 15 Nixon v. United States (1993)
Part 16 Chapter 4. Separation of Powers
Part 17 Schechter Poultry Corporation v. United States (1935)
Part 18 Youngstown Sheet & Tube Co. v. Sawyer (1952)
Part 19 Powell v. McCormack (1969)
Part 20 Immigration and Naturalization Service v. Chadha (1983)
Part 21 Morrison v. Olson (1988)
Part 22 United States v. Nixon (1974)
Part 23 Cheney v. U.S. (2004)
Part 24 Clinton v. Jones (1997)
Part 25 Chapter 5. Foreign Affairs and Constitutional Crises
Part 26 State of Missouri v. Holland (1920)
Part 27 Youngstown Sheet & Tube Co. v. Sawyer (1952)
Part 28 The Prize Cases (1862)
Part 29 War Powers Resolution (1973)
Part 30 United States. v. Curtiss-Wright Export Corp. (1936)
Part 31 Korematsu v. United States (1944)
Part 32 Ex Parte Milligan (1866)
Part 33 Hamdan v. Rumsfeld (2006)
Part 34 Boumediene v. Bush (2008)
Part 35 Chapter 6. Federalism and State Regulation
Part 36 McCulloch v. State of Maryland (1819)
Part 37 New York v. United States (1992)
Part 38 Printz v. United States (1997)
Part 39 U.S. Term Limits, Inc. v. Thornton (1995)
Part 40 Alden v. Maine (1999)
Part 41 Federal Maritime Commission v. South Carolina State Ports Authority (2002)
Part 42 Cooley v. Board of Wardens (1851)
Part 43 Southern Pacific Company v. State of Arizona (1945)
Part 44 City of Philadelphia v. New Jersey (1978)
Part 45 Granholm v. Heald (2005)
Part 46 Chapter 7. Congressional Powers
Part 47 Gibbons v. Ogden (1824)
Part 48 United States v. E.C. Knight Co. et al. (1895)
Part 49 Champion v. Ames (1903)
Part 50 Hammer v. Dagenhart (1918)
Part 51 National Labor Relations Board v. Jones & Laughlin Steel Corporation (1937)
Part 52 Wickard v. Filburn (1942)
Part 53 Heart of Atlanta Motel, Inc. v. United States (1964)
Part 54 United States v. Lopez (1995)
Part 55 United States v. Morrison (2000)
Part 56 Gonzales v. Raich (2005)
Part 57 United States v. Butler (1936)
Part 58 South Dakota v. Dole (1987)
Part 59 Chapter 8. Voting and Political Representation
Part 60 Crawford v. Marion County Election Board (2008)
Part 61 Reynolds v. Sims (1964)
Part 62 Davis v. Bandemer (1986)
Part 63 Shaw v. Reno (1993)
Part 64 Hunt v. Cromartie (1999)
Part 65 California Democratic Party v. Jones (2000)
Part 66 Buckley v. Valeo (1976)
Part 67 McConnell v. Federal Election Commission (2003)
Part 68 Bush v. Gore (2000)
Part 69 Part III Liberty, Community, and Constitutional Interpretation under the Bill of Rights
Part 70 Chapter 9. The Bill of Rights, Incorporation, and Capital Punishment
Part 71 Barron v. Baltimore (1833)
Part 72 The Slaughter-House Cases (1873)
Part 73 Palko v. Connecticut (1937)
Part 74 Adamson v. California (1947)
Part 75 Rochin v. California (1952)
Part 76 Duncan v. Louisiana (1968)
Part 77 District of Columbia v. Heller (2008)
Part 78 Gregg v. Georgia (1976)
Part 79 McCleskey v. Kemp (1987)
Part 80 Roper v. Simmons (2005)
Part 81 Kennedy v. Louisiana (2008)
Part 82 Chapter 10. Liberty and Property
Part 83 Calder v. Bull (1798)
Part 84 Fletcher v. Peck (1810)
Part 85 Charles River Bridge Company v. Warren Bridge (1837)
Part 86 Home Building & Loan Association v. Blaisdell (1934)
Part 87 Munn v. Illinois (1876)
Part 88 Lochner v. New York (1905)
Part 89 West Coast Hotel v. Parrish (1937)
Part 90 Kelo v. City of New London (2005)
Part 91 Chapter 11. Fundamental Rights: Privacy and Personhood
Part 92 United States v. Carolene Products (1938)
Part 93 Meyer v. Nebraska (1923)
Part 94 Skinner v. Oklahoma (1942)
Part 95 Griswold v. Connecticut (1965)
Part 96 Roe v. Wade (1973)
Part 97 Planned Parenthood of Southeastern Pennsylvania v. Casey (1992)
Part 98 Gonzales v. Carhart (2007)
Part 99 DeShaney v. Winnebago County Department of Social Services (1989)
Part 100 Moore v. East Cleveland (1977)
Part 101 Troxel v. Granville (2000)
Part 102 Bowers v. Hardwick (1986)
Part 103 Lawrence v. Texas (2003)
Part 104 Michael H. v. Gerald D. (1989)
Part 105 Washington v. Glucksberg (1997)
Part 106 Chapter 12. Freedom of Speech
Part 107 Schenck v. United States (1919)
Part 108 Dennis v. United States (1951)
Part 109 Brandenburg v. Ohio (1969)
Part 110 New York Times Co. v. United States (1971)
Part 111 Chaplinsky v. New Hampshire (1942)
Part 112 United States v. O'Brien (1968)
Part 113 Cohen v. California (1971)
Part 114 New York Times Co. v. Sullivan (1964)
Part 115 The Sedition Act of 1798
Part 116 Texas v. Johnson (1989)
Part 117 R.A.V. v. City of St. Paul (1992)
Part 118 Morse v. Frederick (2007)
Part 119 Miller v. California (1973)
Part 120 City of Erie v. Pap's A. M. (2000)
Part 121 Boy Scouts of America v. Dale (2000)
Part 122 Chapter 13. Freedom of Religion in Public and Private Life
Part 123 Everson v. Board of Education (1947)
Part 124 Engel v. Vitale (1962)
Part 125 Lemon v. Kurtzman (1971)
Part 126 Wallace v. Jaffree (1985)
Part 127 Lee v. Weisman (1992)
Part 128 Zelman, Superintendent of Public Instruction of Ohio v. Simmons-Harris (2002)
Part 129 McCreary County v. ACLU, Kentucky (2005)
Part 130 Van Orden v. Perry (2005)
Part 131 Davis v. Beason (1890)
Part 132 West Virginia v. Barnette (1943)
Part 133 Sherbert v. Verner (1963)
Part 134 Wisconsin v. Yoder (1972)
Part 135 Employment Division v. Smith (1990)
Part 136 Boerne v. Flores (1997)
Part 137 Locke v. Davey (2004)
Part 138 Chapter 14. The Equal Protection Clause and Racial Discrimination
Part 139 Dred Scott v. Sandford (1856)
Part 140 Strauder v. West Virginia (1880)
Part 141 Plessy v. Ferguson (1896)
Part 142 Brown v. Board of Education of Topeka (1954)
Part 143 Keyes v. School District No. 1, Denver, Colorado (1973)
Part 144 Milliken v. Bradley (1974)
Part 145 The Civil Rights Cases (1883)
Part 146 Shelley v. Kraemer (1948)
Part 147 Palmore v. Sidoti (1984)
Part 148 Regents of the University of California v. Bakke (1978)
Part 149 Adarand Constructors, Inc. v. Pena (1995)
Part 150 Grutter v. Bollinger (2003)
Part 151 Parents Involved in Community Schools v. Seattle School District No. 1 (2007)
Part 152 Chapter 15. Gender Discrimination and Other Claims to Equality
Part 153 Shapiro v. Thompson (1969)
Part 154 San Antonio Independent School District v. Rodriguez (1973)
Part 155 Plyler v. Doe (1982)
Part 156 Frontiero v. Richardson (1973)
Part 157 Craig v. Boren (1976)
Part 158 United States v. Virginia (1996)
Part 159 Nguyen v. Immigration and Naturalization Service (2001)
Part 160 Foley v. Connelie (1978)
Part 161 Trimble v. Gordon (1977)
Part 162 Massachusetts Board of Retirement v. Murgia (1976)
Part 163 Cleburne v. Cleburne Living Center (1985)
Part 164 Romer v. Evans (1996)
Part 165 Appendix A Declaration of Independence
Part 166 Appendix B The United States Constitution
Part 167 Appendix C First Inaugural Address, Abraham Lincoln
Part 168 Appendix D The Gettysburg Address, Abraham Lincoln
Part 169 Appendix E Understanding Supreme Court Opinions
Part 170 Appendix F Glossary of Terms
Part 171 Appendix G Chronlogical Chart of the Justices
Part 172 Appendix H Legal Research on the World Wide Web
Part 173 Appendix I The Federalist No. 78
Part 174 Table of Cases
Part 175 Index
Part 176 About the Authors
Kommers, Finn and Jacobsohn have created an ideal introduction to constitutional law. Every element of this text emphasizes how disagreements among Supreme Court Justices past and present reflect competing visions about the proper scope of judicial power and about the very nature of American constitutionalism.
Frank J. Colucci, Purdue University Calumet


This should quickly become one of the most important major casebooks in constitutional law. The introductory essays place the cases into well-developed contexts of history and political theory. The casebook's major new contribution is its elegant and rigorous use of materials necessary to evaluate the constitution through a comparativist perspective. An outstanding casebook.
Mariah Zeisberg, University of Michigan


At a time when the study and practice of constitutional law has once again become increasingly global, this casebook stands alone among all American constitutional law casebooks for the amount and excellence of its treatment of comparative constitutional issues.
David Fontana, The George Washington University Law School


The third edition of American Constitutional Law is a tour de force in the realm of constitutional law texts. The authors do a remarkable job of placing American constitutional lawmaking in broader normative, interpretive, political, historical, and comparative contexts. They show how constitutional lawmaking is an interesting and contested enterprise that includes much more than the decisions of courts, and they invite the teacher, student, and reader to think critically and for themselves about constitutional law. For instructors who want their students to understand and participate in the compelling and controversial enterprise of constitutional politics and lawmaking, this text is the book for them...
Donald A. Downs, University of Wisconsin at Madison


The third edition of American Constitutional Law is a tour de force in the realm of constitutional law texts. The authors do a remarkable job of placing American constitutional lawmaking in broader normative, interpretive, political, historical, and comparative contexts. They show how constitutional lawmaking is an interesting and contested enterprise that includes much more than the decisions of courts, and they invite the teacher, student, and reader to think critically and for themselves about constitutional law. For instructors who want their students to understand and participate in the compelling and controversial enterprise ofconstitutional politics and lawmaking, this text is the book for them.
Donald A. Downs, University of Wisconsin at Madison


The new edition offers:

· Updated and expanded treatment of key cases on gerrymandering and campaign finance

· Expanded discussion of the Court's work federalism and the commerce clause

· Discussions of the Court's new cases on the death penalty, including a discussion of the controversy within the Court about the propriety of citing foreign case law

· An expanded discussion of the Court's recent work in the area of privacy, including the Court's decisions with regard to partial birth abortions and samesex marriages

· An expanded section on the Court's continuing efforts to develop a coherent takings clause jurisprudence

· Full coverage of new developments and cases concerning affirmative action and school desegregation

· Case updates on Student Website

For further study notes contact textbooks@rowman.com for details.


 
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