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This title is a part of our CasebookPlus™ offering as ISBN 9781634595148. Learn more atCasebookPlus.com. The new edition of Farber, Eskridge, Frickey and Schacter's Cases and Materials on Constitutional Law exploits the two most exciting developments in Constitutional Law teaching in the last thirty years: the judiciary's dramatic engagement with social movements and key political debates, and academic and judicial deployment of original meaning as a central methodology. Thus, the new edition presents a most systematic introduction of original meaning methodology for law students, starting with the evolution of “originalism” in response to the academic debates over Brown v. Board of Education, and continuing with in-depth examination of what original meaning teaches us about the Fourteenth Amendment, as well as the First and Second Amendments, the Commerce Clause and other authorizations for congressional regulation, the federalist structure of the Constitution, and the separation of powers. The new edition provides in-depth treatment of the most exciting issues in constitutional law today—including the validity of affirmative action, exemplified by state discriminations based upon sexuality or gender; the imperial First Amendment, threatening to impose a new Lochner-type era of judicial review of economic legislation; the increasingly prominent federalism limitations on congressional and state authority, powerfully illustrated by the ObamaCare Case and the Arizona Immigration Case; and the limitations on the imperial presidency posed by the War on Terror Cases.
Includes a wide range of textual material, both excerpts from other writings, and wide-ranging notes written for this book. Many areas of emphasis in earlier editions have now become individual courses in many schools, such as Land Use and Regulation, Constitutional Law, and Civil Rights. While retaining important material in those areas, this casebook expands its coverage of the materials customarily allocated to Local Government Law and emphasizes areas not the focus of separate law school courses. Offers the choice in areas of emphasis which meet interest and experience without sacrificing important and necessary basic exposure.
The casebook reflects developments through the most recent Term of the United States Supreme Court. This supplement includes material from the 1997 to date Terms of the Supreme Court, as well as some developments in the lower courts.
This comparative constitutional law casebook offers a comprehensive and paradigmatic approach to the subject: it examines how the vast increase in international movements of people, capital, goods, ideas, and information affect politics in and beyond nation-states and how this influx affects the rule of law, separation of powers, and fundamental rights. Indeed, this casebook stands apart as it represents an international collaboration of legal scholars and allows for diversity of perspectives. Utilizing case excerpts from at least 40 countries across every continent, students will examine the assumptions, choices and trade-offs, strategies, and effects from decisions by constitutional courts and human rights tribunals throughout various legal systems and political contexts. Moreover, this book examines the different theories of constitutionalism and analyzes how constitutional democracies address similar issues in different institutional settings. This third edition includes new material that speaks to current issues of pressing importance: citizenship, transnational constitutionalism, authoritarian and illiberal constitutions, collective rights and minorities, Internet censorship, religion in the public space, mass surveillance, and targeted killings. Both teachers and students will appreciate the complete coverage of complex topics within a manageable size and format. A comprehensive teacher's manual accompanies the casebook.
This updated edition continues the casebook's tradition of weaving historical, sociological, and literary perspectives into the legal material. The edition includes a new chapter on equality, which places sexual orientation in the broader context of constitutional claims of discrimination. It also provides up-to-date and expanded treatment of the marriage debate, Lawrence v. Texas, and many other contemporary controversies. Finally, this edition adds coverage of gender identity issues that allows for the exploration of the differences and similarities between sexual orientation and gender identity discrimination.

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