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Constitutional Law, Cases Materials and Problems, Fourth Edition, 2018 Case Supplement

Russell L. Weaver, Steven I. Friedland, Catherine Hancock, Bryan Fair, John Knechtle, Richard D. Rosen

$47.00

  • ISBN: 9781454894827

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  • Description

    Constitutional Law, Cases Materials and Problems, Fourth Edition, 2018 Case Supplement

  • Additional Product Details

    Publication Date: 9/30/2018
    Copyright: 2018
    ISBNs:
    Paperback: 9781454894827

    Detailed Table of Contents (PDF Download)

    Summary of Contents

    I. Judicial Review
    A. Marbury and “The Power to Say What the Law Is”
    C. The Case or Controversy Requirement

    II. National Legislative Power
    D. Power to Spend for the General Welfare

    III. The Federal Executive Powers
    C. Additional Separation of Powers Issues: Nondelegation
    and Vetoes
    D. The President’s Appointments and Removal Powers
    E. Foreign Affairs and Commander-in-Chief Powers
    J. The Pardon Power

    IV. The Relationship Between the States and the
    Federal Government
    D. Federal Commandering of States Resources
    E. Other Federalism Issues

    V. State Power to Regulate Commerce
    C. Nondiscriminatory Burdens on Interstate Commerce
    E. Interstate Privileges and Immunities Clause

    VI. State Action
    C. State Involvement of Encouragement

    VII. Procedural Due Process
    B. Adjudicative Determinations

    VIII. Substantive Protection of Economic Rights
    B. The Takings Clause

    IX. Substantive Due Process: Modern Fundamental Rights
    B. The Right of Privacy

    X. Equal Protection
    B. Racial Classifications
    C. Gender Classifications
    H. The Fundamental Rights Strand of Equal Protection

    XI. Freedom of Speech
    B. Historical Intentions and Underlying Values
    B. Categories of Speech
    C. Symbolic Speech
    D. Overbreadth and Vagueness
    E. Prior Restraints
    F. The Press
    G. Access to Government Property
    H. First Amendment Rights of Public Employees
    I. Government Support of Speech
    K. Advancing Technology
    L. Freedom of Association
    M. Campaign Finance Laws [Online Materials]

    XII. The Religion Clauses
    A. The Establishment Clause
    B. The Free Exercise Clause
    C. Establishment, Free Exercise, and Free Speech Tension

    XIII. The Right to Keep and Bear Arms
    E. Modern Case Law

  • Author Information

    Catherine Hancock

    Professor Hancock is Geoffrey C. Bible & Murray H. Bring Professor of Constitutional Law at Tulane Law School. She joined the faculty after a clerkship with Judge James L. Oakes on the US Court of Appeals for the Second Circuit in Brattleboro, Vermont. Her pro bono activities include eight years of service as co-counsel pursuing federal remedies for a death row inmate whose case she argued in the US Supreme Court in 1990. She has co-authored an Aspen casebook on Constitutional Law, a LexisNexis casebook on the First Amendment, and West casebooks on Constitutional Criminal Procedure and Criminal Law. Her teaching fields include these four subjects, as well as Federal Courts and Law & Gender, and she has taught Comparative Criminal Procedure in Tulane’s summer programs in France and Toronto. Her First Amendment scholarship focuses on issues related to defamation law and hate speech, and her work in Constitutional Criminal Procedure addresses topics such as police interrogations and searches, privacy rights, and the death penalty. She was honored for her writing with the Sumter Marks Award in 2002 and the C. J. Morrow Research Professorship of Law in 2004-2005. She received the Felix Frankfurter Distinguished Teaching Award from the graduating classes of 1992, 1998, and 2005.

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    Russell Weaver

    Professor Russell L. Weaver graduated cum laude from the University of Missouri School of Law in 1978. He was a member of the Missouri Law Review, was elected to the Order of the Coif, and won the Judge Roy Harper Prize. After law school, Professor Weaver was associated with Watson, Ess, Marshall & Enggas in Kansas City, Missouri, and worked for the U.S. Department of Energy's Office of General Counsel in Washington, D.C.

    Professor Weaver began teaching at the Louis D. Brandeis School of Law in 1982, and holds the rank of Professor of Law and Distinguished University Scholar. He teaches the First Amendment, Constitutional Law, Advanced Constitutional Law, Remedies, Administrative Law, Criminal Law, and Criminal Procedure. He has received the Brandeis School of Law's awards for teaching, scholarship, and service, and has been awarded the President's Award (University of Louisville) for Outstanding Research, Scholarship and Creative Activity in the Field of Social Science, the President's Award for Outstanding Research, Scholarship and Creative Activity in the Career Achievement Category, and the President's Award for Distinguished Service. He is an Honorary Associate of Macquarie University Law School (Sydney, Australia). He was named the Judge Spurgeon Bell Distinguished Visiting Professor at South Texas College of Law (affiliated with Texas A & M University) during the 1998-99 academic year, and he held the Herbert Herff Chair of Excellence at the Cecil C. Humphreys School of Law, University of Memphis, during 1992-93.

    Professor Weaver is a prolific author who has written dozens of books and articles over the last 25 years. In addition, he has been asked to speak at law schools and conferences around the world, and has been a visiting professor at law schools in France, England, Germany, Japan, Australia and Canada. Professor Weaver is particularly noted for his work in the constitutional law area, especially his writings on free speech. In addition to authoring ''From Gutenberg to the Internet: Free Speech, Advancing Technology and the Implications for Democracy,'' and ''The Right to Speak Ill,'' he served as a consultant to the constitutional drafting commissions of Belarus and Kyrghyzstan and as a commentator on the Russian Constitution. He has also authored a Constitutional Law casebook (with Aspen Publishing), a First Amendment casebook (with LexisNexis), Understanding the First Amendment (LexisNexis), a Criminal Procedure casebook (West), a Criminal Law casebook (West), an Administrative Law casebook (West), and a tort casebook (LexisNexis).

    Professor Weaver has served on many community and professional committees. He is the Executive Director and a member of the Board of Trustees (as well as a past president) of the Southeastern Conference of the Association of American Law Schools. He has also served on the American Civil Liberties Union of Kentucky's Legal Panel and Board of Directors. He served on the Louisville Bar Association's (LBA) Professional Responsibility Committee, as Chair of the Association of American Law Schools' (AALS) Criminal Justice Section and has served on the AALS Planning Committee for the New Law Teacher's Workshop.

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    John Knechtle

    Mr. John Knechtle has advised governments in Asia, Europe, the Caribbean and the Middle East in areas of constitutional law, international human rights and international environmental law. He has had the privilege of advising drafters of over twenty national constitutions.

    Mr Knechtle is the Co-founder and Past President of the American and Caribbean Law Initiative (ACLI), a consortium of U.S. and Caribbean law schools dedicated to the development of law, legal institutions, and collaborative relationships in the Caribbean basin.

    While President of the ACLI he oversaw the creation of the Caribbean Law Clinic, the bi-annual ACLI Law Conference, and the Winter Program at the Cayman Islands Law School where he co-taught week long courses with judges from several international tribunals including the Caribbean Court of Justice and the International Criminal Tribunal for the Former Yugoslavia.

    In 2010, Mr Knechtle taught Public International Law at the Oxford Institute for International & Comparative Law, Oxford University, England.

    In 2004 Mr Knechtle was a Fulbright Scholar and served as Visiting Professor of International and Comparative Law at the University of World Economy and Diplomacy in Tashkent, Uzbekistan.

    He has served as a commentator on international and constitutional law issues for Voice of America and Jacksonville Florida’s ABC, NBC, FOX, PBS and NPR’s affiliates.

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    Bryan Fair

    After earning his undergraduate degree from Duke and law degree from UCLA, Professor Fair worked as an associate with Bryan, Cave, McPheeters & McRoberts in Los Angeles. In 1987, he joined the UCLA law faculty as a Lecturer and co-directed its Academic Support Program. He served as a commissioner of the California State Bar Commission on Minority Access to the Legal Profession and as a Public Counsel legal services volunteer.

    Professor Fair joined the Alabama law faculty in 1991. He was named the Thomas E. Skinner Professor of Law in 2000. He is an eleven-time member of the law school commencement hooding team (selected by students), and has twice been named the law school=s outstanding faculty member (selected by students). He has also received the University’s Outstanding Commitment to Teaching Award given each year by the National Alumni Association. Professor Fair has served as the faculty advisor to the Jessup International Moot Court Team, Black Law Students Association, Outlaw, Law Democrats, American Constitution Society, and other student groups. Professor Fair has also taught law courses at Seattle University, the University of Tennessee, the University of Fribourg, Switzerland, and The Australian National University.

    Professor Fair has held several administrative posts at the Law School and the University. At the Law School, from 1997 to 2010, he directed the University of Fribourg/UA Law cooperative exchange (the Swiss Program). He served as the Director of Diversity and International Programs in 2007 and 2011 and 2012, and Associate Dean for Special Programs from 2008-2010, supervising international, diversity, and public interest programs. He also served as an assistant vice president for Academic Affairs at the University from 1994 to 1997.

    Professor Fair is the author of Notes of a Racial Caste Baby: Colorblindness and the End of Affirmative Action (NYU Press 1997). Professor Fair's research agenda remains focused on equality theory under the Fourteenth Amendment, with the central theme that equal protection jurisprudence has lost its anticaste moorings, rendering it largely obsolete to address significant forms of American caste.

    He is a member of the American Law Institute and has served on ABA, AALS, and LSAC committees. He has served on numerous boards and currently serves on the Board of Directors of the Southern Poverty Law Center.

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    Steven Friedland

    Steven Friedland was a founding faculty member at Elon Law School after teaching at several other schools, including the University of Georgia and Georgia State University, as well as Nova Southeastern University (NSU) in Ft. Lauderdale, Fla., where he served as a professor of law for more than a decade. Friedland was elected to the American Law Institute in 2010, named to the board of trustees for the Law School Admissions Council in 2012 and to the Lexis Publishing Company Advisory Board the same year. He has received teaching awards at three different law schools, as well as a ''teacher of the year'' award for all of NSU. Friedland has co-authored several Constitutional Law, Evidence Law, and Criminal Procedure textbooks, as well as three books on law school teaching. He is a national leader and speaker on law school teaching, and has advised the Japan Legal Foundation about starting law schools in Japan and Afghanistan law professors as part of a U.S. A.I.D. project on law teaching in that country. He was one of twenty-six law teachers included in the Harvard University Press book by Michael Hunter Schwartz and Gerry Hess, What the Best Law Teachers Do.

    While in practice, he served as an Assistant U.S. Attorney for the District of Columbia. At Elon, he is director of the Center for Engaged Learning in the Law (CELL). He is on the Board of Advisors for the Institute for Law School Teaching and has taught in the North Carolina Leadership Academy and the Florida Judicial College. Friedland has a bachelor's degree from the State University of New York at Binghamton, a juris doctor degree from Harvard Law School, and a master of laws and a doctor of jurisprudence degree from Columbia Law School, where he was a Dollard Fellow in Law, Medicine and Psychiatry.

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    Richard Rosen

    Professor Rosen joined the Texas Tech University School of Law faculty after completing a distinguished career as an officer in the Judge Advocate General's Corps, U. S. Army. He was a litigator for a Miami law firm for several years before joining the Army as a judge advocate. Before retiring from the military, Professor Rosen was Commandant of the Judge Advocate General's School, U.S. Army in Charlottesville, VA, where he commanded the Army's ABA-recognized law school. Other military positions held by Professor Rosen include Staff Judge Advocate of the III Armored Corps and Fort Hood, Fort Hood, TX; Chief of Personnel, Plans and Training, The Pentagon, Washington, DC; Special Counsel to the Assistant Attorney General for the Civil Division, Department of Justice, Washington, DC; Deputy Legal Counsel to the Chairman of the Joint Chiefs of Staff, The Pentagon, Washington, DC; and Staff Judge Advocate of the 1st Cavalry Division, Fort Hood, TX.

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