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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.
Constitutional Law: Cases in Context, Third 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.
The new 5th edition retains the statute-based focus of the original, guiding students through the rules, doctrines, and theories that apply to major litigation under the three generations of primary civil rights statutes (the original statutes, sections 1983, 1981, 1982, and 1985(3), with their emphasis on constitutional litigation; the revolutionary statutes of the 1960's and early 1970's, Title VII, Title VI, the Voting Rights Act, and section 504), and the evolutionary enactments after 1990 (the Americans with Disabilities Act, the Civil Rights Amendments of 1991, and the judicially-limited Violence Against Women Act). The 5th edition continues an emphasis begun in the 4th edition on legal realism and how the statutes respond to or fail to ameliorate real-life problems. The combination of statutory coverage and legal realism allows each professor to choose the topical areas and political viewpoints that he or she wishes to emphasize. In addition to widespread general updating, the new 5th edition significantly expands on prior editions with a new focus on Fourth Amendment litigation post-Scott, several new approaches both substantive and procedural -- to official immunity defenses, and new cases relating to the increasingly fractured sovereign immunity defense. In addition, a significant new sub-section explores the Supreme Court's attempt in the Ricci case to adjust the relation between disparate impact and disparate treatment analyses, highlighting its substantial impact on affirmative action concepts as well. Finally, the new 5th edition also covers the 2008 Amendments to the Americans With Disabilities Act and their significant alteration of the Court's previous attempts to restrict disability litigation. The new edition will also include any new decisions anticipated thro
This title is a part of our CasebookPlus(tm) offering as ISBN 9781634595186. Learn more at CasebookPlus.com. This version is newly streamlined for professors who teach a shorter course in Constitutional Law but still want to focus on the developing new trends while also covering the classic cases. This edition tracks the standard edition but cuts hundreds of pages by removing some sections, cases and notes. The result is a shorter casebook that nevertheless provides the coverage most teachers want.
The Fifth Edition of Cases and Materials on the Law of Torts continues the tradition of using, as much as possible, minimally edited cases so that the book can serve as a vehicle for teaching first-year students the essential techniques of case analysis and legal method. The entire book has been modified to accommodate the many developments in the law of torts since the Fourth Edition was published in 2004. For example, the basic chapters on negligence and causation recognize and discuss the now finally adopted Restatement (Third) of Torts: Liability for Physical & Emotional Harm and the recent case law expanding liability for loss of a chance. The duty section has also undergone a major overhaul to reflect the conceptual framework by which courts think about duty and to elucidate the pervasive role of foreseeability in courts' duty decisions. The Materials on Product's Liability capture the many recent developments in that area; and the materials on dignitary harms reflect the increasing interaction between tort law and constitutional law as well as the expanding potential reach of international human rights conventions. Finally the Fifth Edition retains its comprehensive coverage of the entire field of torts so as to give instructors, all of whom are having to accommodate a curriculum that has cut back on the number of credit hours assigned to torts, the widest possible choice of subjects on which they may wish to concentrate in the limited time they have available.
This text, the only criminal law casebook authored by two progressive female law professors of color, provides the reader with both critical race and critical feminist theory perspectives on criminal law while following a traditional format. All of the usual subject areas are covered, but the book is unique in highlighting the cultural context of substantive criminal law. The book seamlessly integrates issues of race, gender, class, and sexual orientation so the teacher who wishes to address such issues does not have to assign supplemental reading assignments in order to do so. The book is also very student-friendly, providing a brief doctrinal overview of the subject matter at the beginning of each chapter. The book does away with the tradition of long lists of notes and questions following the cases, a trademark feature of many older casebooks, putting this material in the Teachers Manual for the teacher to use at his or her discretion. The forthcoming third edition is fresh and innovative, referencing several ripped from the headlines controversies, including the shooting of Trayvon Martin by George Zimmerman and Florida's stand your ground law, the arrest of African American Harvard professor Henry Louis Gates, Jr. for disorderly conduct, the shooting of Larry King, a gender nonconforming teenager, by classmate Brandon McInerney and the gay panic defense, and the repeal of North Carolina's Racial Justice Act.

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