Mark V. Tushnet

Howard P. Fink

Cases and Materials

Federal Jurisdiction Policy and Practice

Cass R. Sunstein

Geoffrey R. Stone

Pamela S. Karlan

Louis Michael Seidman

Aziz Huq

Leah M. Litman

Constitutional Law, Ninth Edition by Geoffrey R. Stone, Louis M. Seidman, Cass R. Sunstein, Mark V. Tushnet, Pamela S. Karlan, Aziz Z. Huq, and Leah M. Litman guides students through all facets of constitutional law, exploring traditional constitutional doctrine through the lens of varying critical and social perspectives informed by political theory, philosophy, sociology, ethics, history, and economics. The purchase of this ebook edition does not entitle you to receive access to the Connected eBook with Study Center on CasebookConnect. You will need to purchase a new print book to get access to the full experience, including: lifetime access to the online ebook with highlight, annotation, and search capabilities; practice questions from your favorite study aids; an outline tool and other helpful resources. Constitutional Law, Ninth Editiontakes a comprehensive approach to the way in which constitutional law arises. It offers instructors carefully edited cases and rich, interdisciplinary material for classroom discussion. Logically organized for a two-semester course, the first part of Constitutional Law tackles issues concerning separation of powers and federalism; the second part addresses all facets of individual rights and liberties. Constitutional Law, Ninth Edition, also provides thoughtfully selected content on the First Amendment, to give students a well-rounded understanding of religion and free speech issues. New to the Ninth Edition: Extensively revised treatment of the Religion Clauses. Revamped material on abortion rights given Dobbs v. Jackson Women’s Health Organization. More focused and tightened presentation of judicial review, federalism, and other areas. Professors and students will benefit from: The text’s attention to policy, including discussion of competing critical and social perspectives. An interdisciplinary approach that draws on political theory, philosophy, sociology, ethics, history, and economics. Thoughtful editing, including both lightly and more tightly edited cases, that balances close textual analysis with comprehensive converge of important opinions and pivotal cases. Streamlined treatment of First Amendment law, so that it efficiently provides the necessary fundamentals in free speech and religious liberties jurisprudence. A comprehensive coverage that is ideal for a two-semester course.

Constitutional Law

Few constitutional disputes maintain as powerful a grip on the public mind as the battle over the Second Amendment. The National Rifle Association and gun-control groups struggle unceasingly over a piece of the political landscape that no candidate for the presidency--and few for Congress--can afford to ignore. But who's right? Will it ever be possible to settle the argument? In Out of Range, one of the nation's leading legal scholars takes a calm, objective look at this bitter debate. Mark V. Tushnet brings to this book a deep expertise in the Constitution, the Supreme Court, and the role of the law in American life. He breaks down the different positions on the Second Amendment, showing that it is a mistake to stereotype them. Tushnet's exploration is honest and nuanced; he finds the constitutional arguments finely balanced, which is one reason the debate has raged for so long. Along the way, he examines various experiments in public policy, from both sides, and finds little clear evidence for the practical effectiveness of any approach to gun safety and prosecution. Of course, he notes, most advocates of the right to keep and bear arms agree that it should be subject to reasonable regulation. Ultimately, Tushnet argues, our view of the Second Amendment reflects our sense of ourselves as a people. The answer to the debate will not be found in any holy writ, but in our values and our vision of the nation. This compact, incisive examination offers an honest and thoughtful guide to both sides of the argument, pointing the way to solutions that could calm, if not settle, this bitter dispute.

Why the Constitution Can't End the Battle over Guns

Out of Range

Following on Making Civil Rights Law, which covered Thurgood Marshall's career from 1936-1961, this book focuses on Marshall's career on the Supreme Court from 1961-1991, where he was first Afro-American Justice. The first book on Justice Thurgood Marshall's years on the Supreme Court based on a comprehensive review of the Supreme Court papers of Justices Marshall and William J. Brennan, this work describes Marshall's special approach to constitutional law in areas ranging from civil rights and the death penalty to abortion and poverty. It also describes the Supreme Court's operations during Marshall's tenure, the relations among the justices, and the particular roles played by Chief Justice Warren Burger, Justice Brennan, and Justice Antonin Scalia. The book locates the Supreme Court's actions from 1967 to 1991 in a broader historical and political context, explaining how Marshall's liberalism became increasingly isolated on a Court influenced by nation's drift in a more conservative direction.

Thurgood Marshall and the Supreme Court, 1961-1991

Making Constitutional Law

From the 1930s to the early 1960s civil rights law was made primarily through constitutional litigation. Before Rosa Parks could ignite a Montgomery Bus Boycott, the Supreme Court had to strike down the Alabama law which made segregated bus service required by law; before Martin Luther King could march on Selma to register voters, the Supreme Court had to find unconstitutional the Southern Democratic Party's exclusion of African-Americans; and before the March on Washington and the Civil Rights Act of 1964, the Supreme Court had to strike down the laws allowing for the segregation of public graduate schools, colleges, high schools, and grade schools. Making Civil Rights Law provides a chronological narrative history of the legal struggle, led by Thurgood Marshall and the NAACP Legal Defense Fund, that preceded the political battles for civil rights. Drawing on interviews with Thurgood Marshall and other NAACP lawyers, as well as new information about the private deliberations of the Supreme Court, Tushnet tells the dramatic story of how the NAACP Legal Defense Fund led the Court to use the Constitution as an instrument of liberty and justice for all African-Americans. He also offers new insights into how the justices argued among themselves about the historic changes they were to make in American society. Making Civil Rights Law provides an overall picture of the forces involved in civil rights litigation, bringing clarity to the legal reasoning that animated this "Constitutional revolution", and showing how the slow development of doctrine and precedent reflected the overall legal strategy of Thurgood Marshall and the NAACP.

Thurgood Marshall and the Supreme Court, 1936-1961

Making Civil Rights Law

Professor of Law and Associate Dean Mark V Tushnet

In this authoritative reckoning with the eighteen-year record of the Rehnquist Court, Georgetown law professor Mark Tushnet reveals how the decisions of nine deeply divided justices have left the future of the Court; and the nation; hanging in the balance. Many have assumed that the chasm on the Court has been between its liberals and its conservatives. In reality, the division was between those in tune with the modern post-Reagan Republican Party and those who, though considered to be in the Court's center, represent an older Republican tradition. As a result, the Court has modestly promoted the agenda of today's economic conservatives, but has regularly defeated the agenda of social issues conservatives; while paving the way for more radically conservative path in the future.

The Rehnquist Court and the Future of Constitutional Law

A Court Divided

State V. Mann in History and Literature

Slave Law in the American South

Louis M. Seidman

The 2021 Annual Supplement, like prior Supplements, includes excerpts from recent scholarship and from important new decisions of the Supreme Court. With the departure of Justice Ruth Bader Ginsburg and the appointment of Justice Amy Coney Barrett, this was an especially interesting Term, and several of the new decisions that are covered in the Annual Supplement are listed below. New to the 2021 Supplement: Uzuegbunam v. Preczewski – standing California v. Texas – ACA challenge on federalism grounds Collins v. Mnuchin – Separation of Powers challenge to FHFA Cedar Point Nursery v. Hassid – Takings Clause Mahanoy Area School District v. B.H. – off-site school speech Americans for Prosperity v. Rodriguez – campaign disclosures Tandon v. Newsom – religious liberty Fulton v. City of Philadelphia – religious liberty

2021 Supplement

Peter Cane

This volume provides a widely acessible overview of legal scholarship at the dawn of the 21st century. Through 43 essays by leading legal scholars based in the USA, the UK, Australia, New Zealand, Canada, and Germany, it provides a varied and stimulating set of road maps to guide readers through the increasingly large and conceptually sophisticated body of legal scholarship. Focusing mainly, though not exclusively, on scholarship in the English language and taking an international and comparative approach, the contributors offer original and interpretative accounts of the nature, themes, and preoccupations of research and writing about law. They then go on to consider likely trends in scholarship in the next decade or so.

The Oxford Handbook of Legal Studies

Mark A. Graber

Sanford Levinson

The Oxford Handbook of the U.S. Constitution offers a comprehensive overview and introduction to the U.S. Constitution from the perspectives of history, political science, law, rights, and constitutional themes, while focusing on its development, structures, rights, and role in the U.S. political system and culture. This Handbook enables readers within and beyond the U.S. to develop a critical comprehension of the literature on the Constitution, along with accessible and up-to-date analysis. The historical essays included in this Handbook cover the Constitution from 1620 right through the Reagan Revolution to the present. Essays on political science detail how contemporary citizens in the United States rely extensively on political parties, interest groups, and bureaucrats to operate a constitution designed to prevent the rise of parties, interest-group politics and an entrenched bureaucracy. The essays on law explore how contemporary citizens appear to expect and accept the exertions of power by a Supreme Court, whose members are increasingly disconnected from the world of practical politics. Essays on rights discuss how contemporary citizens living in a diverse multi-racial society seek guidance on the meaning of liberty and equality, from a Constitution designed for a society in which all politically relevant persons shared the same race, gender, religion and ethnicity. Lastly, the essays on themes explain how in a "globalized" world, people living in the United States can continue to be governed by a constitution originally meant for a society geographically separated from the rest of the "civilized world." Whether a return to the pristine constitutional institutions of the founding or a translation of these constitutional norms in the present is possible remains the central challenge of U.S. constitutionalism today.

The Oxford Handbook of the U.S. Constitution

Examines the major approaches to constitutional interpretation developed in the late twentieth century. Though interpretive theories purport to constrain judges in a disciplined way, none actually can do so. An Afterword brings the story up to the present, without altering its conclusion, that "Critique is all there is."

A Critical Analysis of Constitutional Law

Red, White, and Blue

Joseph Blocher

Alan K. Chen

The Supreme Court has unanimously held that Jackson Pollock’s paintings, Arnold Schöenberg’s music, and Lewis Carroll’s poem “Jabberwocky” are “unquestionably shielded” by the First Amendment. Nonrepresentational art, instrumental music, and nonsense: all receive constitutional coverage under an amendment protecting “the freedom of speech,” even though none involves what we typically think of as speech—the use of words to convey meaning. As a legal matter, the Court’s conclusion is clearly correct, but its premises are murky, and they raise difficult questions about the possibilities and limitations of law and expression. Nonrepresentational art, instrumental music, and nonsense do not employ language in any traditional sense, and sometimes do not even involve the transmission of articulable ideas. How, then, can they be treated as “speech” for constitutional purposes? What does the difficulty of that question suggest for First Amendment law and theory? And can law resolve such inquiries without relying on aesthetics, ethics, and philosophy? Comprehensive and compelling, this book represents a sustained effort to account, constitutionally, for these modes of “speech.” While it is firmly centered in debates about First Amendment issues, it addresses them in a novel way, using subject matter that is uniquely well suited to the task, and whose constitutional salience has been under-explored. Drawing on existing legal doctrine, aesthetics, and analytical philosophy, three celebrated law scholars show us how and why speech beyond words should be fundamental to our understanding of the First Amendment.

Mark V. Tushnet

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