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Constitutional Law, Eighth Edition

Geoffrey R. Stone, Louis M. Seidman, Cass R. Sunstein, Mark V. Tushnet, and Pamela S. Karlan


  • ISBN: 9781454897033

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  • Description

    Constitutional Law, Eighth Edition is now available as a Connected Casebook, a powerful, all-in-one learning solution offering a print casebook plus access to CasebookConnect, which includes a fully functional eBook version of your casebook with highlighting and note-taking capabilities, hundreds of practice questions in the Study Center from leading study aids, and an Outline Tool to help make outlining more efficient and effective. Learn more about CasebookConnect 

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  • Additional Product Details

    Publication Date: 12/20/2017
    Copyright: 2017
    Pages: 1760
    Hardcover + CasebookConnect: 9781454876670
    Loose-leaf + CasebookConnect: 9781454896746
    Digital Only CasebookConnect: 9781454897033
    Rental + CasebookConnect: 9781454896838

    Detailed Table of Contents (PDF Download)

    Summary of Contents

    Preface to the Eighth Edition
    Editorial Notice
    The Constitution of the United States
    Biographical Notes on Selected U.S. Supreme Court Justices
    The Supreme Court since 1789

    The Constitution and the Supreme Court
    A. The Origins of The U.S. Constitution
    B. The Basic Framework
    C. The Sources of Judicial Decisions: Text, Original Meaning, Structure, Morality
    D. Political Control over the Supreme Court
    E. “Case or Controversy” Requirements and the Passive Virtues
    F. The Jurisdiction of the Supreme Court

    Federalism at Work: Congress and the National Economy
    A. The Values of Federalism and Some Techniques for Implementing Them
    B. Doctrinal Fundamentals: Federalism and Judicial Review
    C. The Evolution of Commerce Clause Doctrine: The Lessons(?) of History
    D. State Regulation of Interstate Commerce
    E. Preemption

    The Scope of Congress's Powers: Taxing and Spending, War Powers, Individual Rights, and State Autonomy
    A. Regulation through Taxing, Spending, and the War Power
    B. Congress's Enforcement Power under the Reconstruction Amendments
    C. The Treaty Power
    D. The Tenth Amendment as a Federalism-Based Limitation on Congressional Power

    The Distribution of National Powers
    A. Introduction
    B. Case Study: Presidential Seizure
    C. Foreign Affairs
    D. Domestic Affairs

    Equality and the Constitution
    A. Slavery, Jim Crow, and the Equal Protection Principle
    B. Equal Protection Methodology: Rational Basis Review
    C. Equal Protection Methodology: Heightened Scrutiny and the Problem of Race
    D. Equal Protection Methodology: Heightened Scrutiny and the Problem of Gender
    E. Equal Protection Methodology: The Problem of Sexual Orientation
    F. Equal Protection Methodology: Other Candidates for Heightened Scrutiny

    Implied Fundamental Rights
    A. Introduction
    B. The Privileges or Immunities Clause
    C. The Due Process Clause and the Incorporation Controversy
    D. Substantive Due Process: The Protection of Economic Interests and the Question of Redistribution
    E. Fundamental Interests and the Equal Protection Clause
    F. Modern Substantive Due Process: Privacy, Personhood, and Family
    G. Procedural Due Process
    H. The Contracts and Takings Clauses

    Freedom of Expression
    A. Introduction
    B. Content-Based Restrictions: Dangerous Ideas and Information
    C. Overbreadth, Vagueness, and Prior Restraint
    D. Content-Based Restrictions: “Low” Value
    E. Content-Neutral Restrictions: Limitations on the Means of Communication and the Problem of Content-Neutrality
    F. Freedom of the Press

    The Constitution and Religion
    A. Introduction: Historical and Analytical Overview
    B. The Establishment Clause
    C. The Free Exercise Clause: Required Accommodations
    D. Permissible Accommodation
    E. Free Exercise, Free Speech, and the Right of Expressive Association

    State Action
    A. State Action, Federalism, and Individual Autonomy
    B. Pure Inaction and the Theory of Governmental Neutrality
    C. Constitutionally Impermissible Departures from Neutrality: State Subsidization, Approval, and Encouragement
    D. Constitutionally Required Departures from Neutrality: The Public Function Doctrine
    E. Unconstitutional Conditions and the Benefit/Burden Distinction
    F. Some Final Thoughts

    Table of Cases
    Table of Authorities

  • Author Information

    Mark V. Tushnet

    Mark V. Tushnet is a professor at Harvard Law School, where he was appointed Visiting Professor of Law in 2005 and William Nelson Cromwell Professor of Law in 2006. Before that, he held the position of Carmack Waterhouse Professor of Constitutional Law at the Georgetown Law Center. He served as a clerk to U.S. Supreme Court Justice Thurgood Marshall from 1972-73. He then was a member of the law faculty of the University of Wisconsin at Madison until joining the Law Center faculty in 1981. He is co-author of three casebooks, Federal Courts in the 21st Century: Policy and Practice; Constitutional Law; and co-author with Vicki Jackson of a coursebook on Comparative Constitutional Law. His other recent writings include The NAACP's Legal Strategy Against Segregated Education 1925-1950, which received the Littleton Griswold Award of the American Historical Association; Red, White and Blue: A Critical Analysis of Constitutional Law; Making Civil Rights Law: Thurgood Marshall and the Supreme Court, 1936-1961; Making Constitutional Law: Thurgood Marshall and the Supreme Court, 1961-1991; and Taking the Constitution Away from the Courts. He was the secretary of the Conference on Critical Legal Studies from 1976–85, and is president of the Association of American Law Schools for 2004.

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    Pamela S. Karlan

    Pamela S. Karlan is the Kenneth and Harle Montgomery Professor of Public Interest Law at Stanford Law School. A productive scholar and award-winning teacher, Professor Karlan is also the founding director of the school’s extraordinarily successful Supreme Court Litigation Clinic, where students litigate live cases before the Court. One of the nation’s leading experts on voting and the political process, she has served as a commissioner on the California Fair Political Practices Commission and an assistant counsel and cooperating attorney for the NAACP Legal Defense Fund. Professor Karlan is the co-author of three leading casebooks on constitutional law and related subjects, as well as more than four dozen scholarly articles. She is a widely recognized commentator on legal issues and is frequently featured on programs such as the NewsHour with Jim Lehrer. Before joining the Stanford Law School faculty in 1998, she was a professor of law at the University of Virginia School of Law and served as a law clerk to Justice Harry A. Blackmun of the U.S. Supreme Court and Judge Abraham D. Sofaer of the U.S. District Court for the Southern District of New York. Karlan is a member of the American Academy of Arts and Sciences and of the American Law Institute.

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    Louis M. Seidman

    Louis M. Seidman is the Carmack Waterhouse Professor of Constitutional Law at the Georgetown Law Center. After graduating from Harvard Law School in 1971, Professor Seidman served as a law clerk for J. Skelly Wright of the D.C. Circuit and U.S. Supreme Court Justice Thurgood Marshall. He then was a staff attorney with the D.C. Public Defender Service until joining the Georgetown Law Center faculty in 1976. He teaches a variety of courses in the fields of constitutional and criminal law. He is the author of many articles concerning criminal justice and constitutional law. His most recent books are Silence and Freedom (Stanford 2007), Our Unsettled Constitution: A New Defense of Constitutionalism and Judicial Review (Yale 2001) and Equal Protection of the Laws (Foundation 2002).​

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    Cass R. Sunstein

    Cass R. Sunstein is the Robert Walmsley University Professor at Harvard University. From 2009 to 2012 he was Administrator of the Office of Information and Regulatory Affairs in the Office of Management and Budget. Before joining the Harvard faculty in 2008, he was Karl N. Llewellyn Distinguished Service Professor of Jurisprudence at the University of Chicago Law School.

    Professor Sunstein graduated in 1975 from Harvard College and in 1978 from Harvard Law School magna cum laude. After graduation, he clerked for Justice Benjamin Kaplan of the Massachusetts Supreme Judicial Court and Justice Thurgood Marshall of the U.S. Supreme Court. Before joining the faculty of the University of Chicago, he was an attorney-advisor in the Office of Legal Counsel in the U.S. Department of Justice. Mr. Sunstein has testified before congressional committees on many subjects, and he has been involved in constitution-making and law reform activities in a number of nations, including Ukraine, Poland, China, South Africa, and Russia. A member of the American Academy of Arts and Sciences, Mr. Sunstein has been Samuel Rubin Visiting Professor of Law at Columbia, visiting professor of law at Harvard, vice-chair of the ABA Committee on Separation of Powers and Governmental Organizations, chair of the Administrative Law Section of the Association of American Law Schools, a member of the ABA Committee on the future of the FTC, and a member of the President's Advisory Committee on the Public Service Obligations of Digital Television Broadcasters.

    He is author of many articles and books, including Democracy and the Problem of Free Speech (1993), Legal Reasoning and Political Conflict (1996), Free Markets and Social Justice (1997), One Case At A Time (1999), Behavioral Law and Economics (editor, 2000), Designing Democracy: What Constitutions Do (2001), (2001, 2d ed. 2007), Risk and Reason (2002), The Cost-Benefit State (2002), Punitive Damages: How Juries Decide (2002), Why Societies Need Dissent (2003), The Second Bill of Rights (2004), Laws of Fear: Beyond the Precautionary Principle (2005), Why Societies Need Dissent (2007), Nudge: Improving Decisions About Health, Wealth, and Happiness (2008) (with Richard Thaler), Simpler: The Future of Government (2014), Wiser: Getting Beyond Groupthink to Make Groups Smarter (2014) (with Reid Hastie), and Why Nudge?: The Politics of Libertarian Paternalism (2015).

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    Geoffrey R. Stone

    Geoffrey Stone is the Harry Kalven, Jr. Distinguished Service Professor of Law at the University of Chicago. Professor Stone has been a member of the law faculty since 1973. From 1987 to 1993, Mr. Stone served as dean of the Law School, and from 1993 to 2002 he served as Provost of the University of Chicago. Mr. Stone received his undergraduate degree in 1968 from the University of Pennsylvania and his law degree in 1971 from the University of Chicago Law School, where he served as editor-in-chief of the Law Review. Mr. Stone served as a law clerk to Judge J. Skelly Wright of the U.S. Court of Appeals for the District of Columbia Circuit and to Justice William J. Brennan Jr. of the Supreme Court of the United States. Mr. Stone was admitted to the New York Bar in 1972 .
    Mr. Stone teaches primarily in the areas of constitutional law and evidence, and writes principally in the field of constitutional law. His most recent book, Perilous Times: Free Speech in Wartime from the Sedition Act of 1798 to the War on Terrorism (2004) received the Robert F. Kennedy Book Award for 2005, the Los Angeles Times Book Prize for 2004 as the Best Book in History, the American Political Science Association's Kammerer Award for 2005 for the Best Book in Political Science, and Harvard University's 2005 Goldsmith Award for the Best Book in Public Affairs.

    Mr. Stone is currently chief editor of a fifteen-volume series, Inalienable Rights, which will be published by the Oxford University Press between 2006 and 2010. He is working on a new book, Sexing the Constitution. His past works include Eternally Vigilant: Free Speech in the Modern Era (2001), The Bill of Rights in the Modern State (1992) (with Mr. Epstein and Mr. Sunstein), Constitutional Law (5th ed. 2005) (with Mr. Sunstein), and The First Amendment (2d ed. 2003) (with Mr. Sunstein). Mr. Stone also serves as an editor of the Supreme Court Review (with Mr. Hutchinson and Mr. Strauss).

    Among his many public activities, Mr. Stone is a member of the national Board of Directors of the American Constitution Society, a member of the National Advisory Council of the American Civil Liberties Union, Vice-President of the American Academy of Arts and Sciences, a member of the American Law Institute, and Chair of the Board of the Chicago Children's Choir. In the past, he has served as a member of the Executive Committee of the Association of American Law Schools, a member of the Board of Advisers of the National Association of Public Interest Law, a member of the Advisory Board of the Legal Aid Society, a member of the Board of Directors of the University of Chicago Hospitals, a member of the Board of Directors of the Renaissance Society, and a member of the Board of Governors of Argonne National Laboratory.

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