Race Law Stories brings to life well-known and not-so-well known legal opinions hidden gems that address slavery, Native American conquest, Chinese exclusion, Jim Crow, Japanese American internment, immigration, affirmative action, voting rights and employment discrimination. Each story goes beyond legal opinions to explore the historical context of the cases and the worlds of the ordinary people and larger-than-life personalities who drove the litigation process. The book s multiracial and interdisciplinary approach makes it useful for courses on race and the law and Critical Race Theory both inside and outside the law school as well as for undergraduate and graduate courses in ethnic studies. Each story illuminates the role that the law has played in both creating and combating racial inequality. Race Law Cases, an edited collection of the cases discussed in the Race Law Stories, will be available as a supplement in 2008.
Author: Rachel F. Moran,Devon W. Carbado
This book examines landmark cases establishing women's legal rights, offering accounts of the litigants, history, parties, strategies, and theoretical implications. It will enrich any law school course and can serve as a text for a course on women and the law, gender and law, feminist jurisprudence, or women's studies. This volume utilizes subject areas common to many women and law casebooks: history, constitutional law, reproductive freedom, the workplace, the family, and women in the legal profession. Several chapters explore issues of domestic violence and rape. See http://law.scu.edu/socialjustice/women-and-the-law-stories-book.cfm (a website with additional resources for teaching).
Author: Elizabeth M. Schneider,Stephanie M. Wildman
Publisher: Foundation Press
First Amendment Stories goes behind the scenes of landmark, foundational cases involving the fundamental freedoms of speech, religion, and the press. By filling in the details, setting the stage, and presenting fully the context, the text provides readers with a richer understanding of these cases, the people involved in them, and their implications for the future. Considered together, these stories highlight the leading themes and questions that have animated our legal doctrines, and our public conversations, about the conflicts that arise between the power and goals of government, on the one hand, and the liberty and conscience of the individual, on the other. This Stories title will enrich First Amendment courses and help students appreciate the premises that animate the cases and the values that are at stake in religious-liberty and free-speech controversies, rarely captured fully by doctrinal presentations. This collection offers carefully selected and rich cases that involve real stories, which can themselves serve as points-of-entry to the many great, ongoing debates that run through our free-speech and religious-liberty traditions. These case stories offer the historical and political contexts and engage with the theoretical and practical implications, giving an understanding essential for any First Amendement student, practitioner, or scholar.
Author: Richard W. Garnett,Andrew Koppelman
Publisher: Foundation Press
This collection of case stories illustrates the balance, continuity, and evolution in substantive criminal law doctrine in light of the social and political contexts in which those doctrines are perennially tested. These stories focus on the pre-litigation behavior of defendants, raising important moral and cultural questions about human nature and human society and how social norms get translated into workable legal doctrines. They survey the typical variety of doctrines addressed in a standard criminal law course, elucidating the classic themes of common law jurisprudence.
Author: Donna Coker,Robert Weisberg
Publisher: Foundation Press
Constitutional Law: Civil Liberty & Individual Rights focuses on freedom, privacy, equality & the right to vote. It emphasizes history & the interrelation of law, policy & theory. The Fourth Edition expands coverage of the decision-making process & the impact of Supreme Court decisions. The book contains approximately 100 principal cases & notes that discuss more than 200 additional cases. It provides brief biographies of many members of the Supreme Court, & draws on the private papers of more than a dozen chief justices & justices.
Civil Liberty and Individual Rights
Author: William Cohen,David Joseph Danelski
Publisher: West Publishing Company
Category: Civil rights
Like all the other volumes in the Stories collection, this book provides students with a three dimensional picture of the most important cases that are addressed in civil rights courses. These stories give the students and faculty members a deeper understanding of the historical and cultural background of the cases and an insight into their long term impact on the development of civil rights law.
Author: Myriam E. Gilles,Risa Lauren Goluboff
When we think of constitutional law, we invariably think of the United States Supreme Court and the federal court system. Yet much of our constitutional law is not made at the federal level. In 51 Imperfect Solutions, U.S. Court of Appeals Judge Jeffrey S. Sutton argues that American Constitutional Law should account for the role of the state courts and state constitutions, together with the federal courts and the federal constitution, in protecting individual liberties. The book tells four stories that arise in four different areas of constitutional law: equal protection; criminal procedure; privacy; and free speech and free exercise of religion. Traditional accounts of these bedrock debates about the relationship of the individual to the state focus on decisions of the United States Supreme Court. But these explanations tell just part of the story. The book corrects this omission by looking at each issue-and some others as well-through the lens of many constitutions, not one constitution; of many courts, not one court; and of all American judges, not federal or state judges. Taken together, the stories reveal a remarkably complex, nuanced, ever-changing federalist system, one that ought to make lawyers and litigants pause before reflexively assuming that the United States Supreme Court alone has all of the answers to the most vexing constitutional questions. If there is a central conviction of the book, it's that an underappreciation of state constitutional law has hurt state and federal law and has undermined the appropriate balance between state and federal courts in protecting individual liberty. In trying to correct this imbalance, the book also offers several ideas for reform.
States and the Making of American Constitutional Law
Author: Judge Jeffrey S. Sutton
Publisher: Oxford University Press
Adhering to the multi-disciplinary and scholarly approach of its predecessors, the eighth edition of Constitutional Law guides students through all facets of constitutional law. Constitutional Law explores traditional constitutional doctrine through the lens of varying critical and social perspectives informed by political theory, philosophy, sociology, ethics, history, and economics. This comprehensive approach paired with carefully edited cases provides instructors with rich 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 while the second part addresses all facets of individual rights and liberties. Constitutional Law also provides thoughtfully selected content on the First Amendment to give students a well-rounded understanding of religion and free speech issues. Key Features: The text’s attention to policy, including discussion of competing critical and social perspectives. A multi-disciplinary 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.
Author: Geoffrey R. Stone,Louis Michael Seidman,Cass R. Sunstein,Mark V. Tushnet,Pamela S. Karlan
Publisher: Wolters Kluwer Law & Business
Judicial decisions are influenced by myriad political factors, from lawyers and interest groups, to the shifting sentiments of public opinion, to the ideological and behavioral inclinations of the justices. Authors Lee Epstein and Thomas G. Walker show how these dynamics shape the development of constitutional doctrine. Known for fastidious revising and streamlining, the authors incorporate the latest scholarship in the fields of both political science and legal studies and offer rock-solid analysis of both classic and contemporary landmark cases, including key opinions handed down through the 2015 session. Filled with supporting material—photographs of the litigants, sidebars comparing the U.S. with other nations, and "Aftermath" boxes that tell the stories of the parties' lives after the Supreme Court has acted—the text encourages greater student engagement with the material and a more complete understanding of the American constitution.
Institutional Powers and Constraints
Author: Lee Epstein,Thomas G. Walker
Publisher: CQ Press
Category: Political Science
Narrative in the Rhetoric of Authority
Author: L. H. LaRue
Publisher: Penn State Press
This book tells the story of a dozen notable presidential power disputes in our nation's history. Ranging from the Neutrality Controversy of 1793 to the Supreme Court's decision in Hamdan v. Rumsfeld in 2006, the chapters present a diversity of presidential powers issues. Each chapter examines a dispute's historical and legal background, as well as broader conceptual issues about the role of the President in our constitutional democracy.
Author: Christopher H. Schroeder,Curtis A. Bradley
Discusses the history of the ongoing conflict between Israel and Palestine, the involvement of the United States in the peace process, and the changing face of terrorism in the twenty-first century.
Essays, Cases, and Comparative Notes
Author: Donald P. Kommers,John E. Finn,Gary J. Jacobsohn
Publisher: Rowman & Littlefield
Political constitutions are compromises with injustice. What makes the U.S. Constitution legitimate is Americans’ faith that the constitutional system can be made “a more perfect union.” Balkin argues that the American constitutional project is based in hope and a narrative of shared redemption, and its destiny is still over the horizon.
Author: J. M. Balkin
Publisher: Harvard University Press
Unlike casebooks, this title goes with greater detail into the human stories and the social, political, and legal contexts of the "big" Supreme Court cases regarding criminal justice. It unearths details not available anywhere else. In addition to great narrative enrichment, it provides the provocative thoughts of highly respected scholars who are each experts on the particular cases they address. This book will greatly enhance the teaching of both police practices (a/k/a "Cops and Robbers") and criminal adjudication (a/k/a "Bail to Jail") by providing both important context not available in any casebook and by offering the insights of some of the scholars who have thought the most deeply about these cases and issues.
Author: Carol Susan Steiker,Pamela S. Karlan
Publisher: Foundation Press
Through an interdisciplinary analysis of the rulings of the Court of Justice of the European Union, this book offers 'thick' descriptions, contextual histories and critical narratives engaging with leading or minor personalities involved behind the scenes of each case. The contributions depart from the notion that EU law and its history should be narrated in a linear and incremental way to show instead that law evolves in a contingent and not determinate manner. The book shows that the effects of judge-made law remain relatively indeterminate and each case can be retold through different contextual narratives, and shows the commitment of the European legal elites to the experience of legal reasoning. The idea to cluster the stories around prominent cases is not to be fully comprehensive, but to re-focus the scholarship and teaching of EU law by moving beyond the black letter and unravel the lawyering techniques to achieve policy results.
Contextual and Critical Histories of European Jurisprudence
Author: Fernanda Nicola,Bill Davies
Publisher: Cambridge University Press
Americans revere their Constitution. However, most of us are unaware how tumultuous and improbable the drafting and ratification processes were. As Benjamin Franklin keenly observed, any assembly of men bring with them "all their prejudices, their passions, their errors of opinion, their local interests and their selfish views." One need not deny that the Framers had good intentions in order to believe that they also had interests. Based on prodigious research and told largely through the voices of the participants, Michael Klarman's The Framers' Coup narrates how the Framers' clashing interests shaped the Constitution--and American history itself. The Philadelphia convention could easily have been a failure, and the risk of collapse was always present. Had the convention dissolved, any number of adverse outcomes could have resulted, including civil war or a reversion to monarchy. Not only does Klarman capture the knife's-edge atmosphere of the convention, he populates his narrative with riveting and colorful stories: the rebellion of debtor farmers in Massachusetts; George Washington's uncertainty about whether to attend; Gunning Bedford's threat to turn to a European prince if the small states were denied equal representation in the Senate; slave staters' threats to take their marbles and go home if denied representation for their slaves; Hamilton's quasi-monarchist speech to the convention; and Patrick Henry's herculean efforts to defeat the Constitution in Virginia through demagoguery and conspiracy theories. The Framers' Coup is more than a compendium of great stories, however, and the powerful arguments that feature throughout will reshape our understanding of the nation's founding. Simply put, the Constitutional Convention almost didn't happen, and once it happened, it almost failed. And, even after the convention succeeded, the Constitution it produced almost failed to be ratified. Just as importantly, the Constitution was hardly the product of philosophical reflections by brilliant, disinterested statesmen, but rather ordinary interest group politics. Multiple conflicting interests had a say, from creditors and debtors to city dwellers and backwoodsmen. The upper class overwhelmingly supported the Constitution; many working class colonists were more dubious. Slave states and nonslave states had different perspectives on how well the Constitution served their interests. Ultimately, both the Constitution's content and its ratification process raise troubling questions about democratic legitimacy. The Federalists were eager to avoid full-fledged democratic deliberation over the Constitution, and the document that was ratified was stacked in favor of their preferences. And in terms of substance, the Constitution was a significant departure from the more democratic state constitutions of the 1770s. Definitive and authoritative, The Framers' Coup explains why the Framers preferred such a constitution and how they managed to persuade the country to adopt it. We have lived with the consequences, both positive and negative, ever since.
The Making of the United States Constitution
Author: Michael J. Klarman
Publisher: Oxford University Press