Processes of Constitutional Decisionmaking


Book Description

The purchase of this ebook edition does not entitle you to receive access to the Connected eBook with Study Center on CasebookConnect. You will need to purchase a new print book to get access to the full experience, including: lifetime access to the online ebook with highlight, annotation, and search capabilities; practice questions from your favorite study aids; an outline tool and other helpful resources. This hugely successful materials-and-problems book is acclaimed for its textual clarity, evenhanded perspective, and contemporary, up-to-date character. Easily distinguished from other property casebooks for its plain-language descriptions of legal doctrine; explanations of the social ramifications of our system of property law; emphasis on statutory and regulatory interpretation; comprehensive treatment of public accommodations and fair housing law, tribal property issues, and property in human bodies; and use of the problem method to teach legal reasoning and lawyering skills. Streamlined for more accessible teaching, the Eighth Edition has been thoroughly updated to reflect significant changes in the law of property, including in responses to the Covid-19 pandemic, in intellectual property, housing discrimination, regulatory takings, and more. Key Features: Updated to reflect significant changes in the law of property to help professors keep current and be aware of emerging disputes Streamlined to assist in making teaching from the casebook more accessible, without sacrificing coverage and depth New materials and problems have been added in an array of areas, including: The importance of race and slavery in shaping property law and distribution The impact of the Covid-19 pandemic on several core areas of property law Growing questions about the balance between public accommodations and religious liberty, including Masterpiece Cakeshop, Inc. v. Colorado Civil Rights Commission, 138 S. Ct. 1719 (2018) and its aftermath Emerging caselaw on the rights of people experiencing homelessness; Shifts in property rights emerging from marriage and non-marital intimate relationships; New materials on the law and practice of trusts and the impact of reproductive technologies Recent developments in tribal sovereignty disputes, including McGirt v. Oklahoma, 140 S. Ct. 2452 (2020) Developments in intellectual property, including in copyright and fair use Shifts in fair housing law, including developments involving landlord responsibility for tenant-to-tenant discriminatory harassment Recent Supreme Court developments in the realm of regulatory takings, including Murr v. Wisconsin, 137 S.Ct. 1933 (2017), Knick v. Township of Scott, 139 S. Ct. 2162 (2019); and Cedar Point Nursery v. Hassid (to be decided by the end of this Term) Professors and students will benefit from: Clear, concise, accessible coverage of core property doctrines, through caselaw, statutes, and regulatory materials Fully updated engagement with contemporary controversies in our system of property; and Excellent opportunities for problem- and exercise-based learning in every section




Processes of Constitutional Decisionmaking


Book Description

The purchase of this ebook edition does not entitle you to receive access to the Connected eBook with Study Center on CasebookConnect. You will need to purchase a new print book to get access to the full experience, including: lifetime access to the online ebook with highlight, annotation, and search capabilities; practice questions from your favorite study aids; an outline tool and other helpful resources. In Processes of Constitutional Decisionmaking, an extraordinary team of authors traces the historical, political, and social development of constitutional law. Students will consider constitutional questions in a broad historical context, with cutting-edge insights from contemporary scholars. This book has been updated to include all new developments in the field, and delivers strong chapters on the constitutional treatment of sex equality, race, civil rights, separation of powers, and federalism. Key Features: Coverage of recent cases and materials including: Obergefell v. Hodges - Same-Sex Marriage Whole Woman’s Health v. Hellerstedt – Abortion Regulation Zivotofsky v. Kerry – Presidential Power Fisher v. University of Texas – Affirmative Action New Discussion of Cooperative Federalism Sessions v. Morales–Santana – Sex Equality




Processes of Constitutional Decisionmaking


Book Description

The 2022 Annual Supplement includes excerpts from recent scholarship and from important new decisions of the Supreme Court—including major cases on abortion and gun rights. The 2022 Supplement contains excerpts from cases decided during the October 2021 Term.




Processes of Constitutional Decisionmaking


Book Description

To ensure that you have the most up-to-date and complete materials for your Constitutional Law class, be sure to use Processes of Constitutional Decisionmaking, 2009 Case Supplement . Case coverage includes: Boumediene v. Bush District Attorney's Office For The Third Judicial District v. Osborne District of Columbia v. Heller Gonzales v. Carhart [Carhart II] Hamdan v. Rumsfeld Northwest Austin Municipal Utility District Number One v. Holder Parents Involved in Community Schools v. Seattle School District No. 1 Ricci v. DeStefano Also new To The 2009 Supplement: Senator Jacob Howard, Speech Introducing the Fourteenth Amendment Note: Domestic Surveillance and Presidential Power Note: Presidential Signing Statements Note: The Military Commissions Act of 2006




Processes of Constitutional Decisionmaking: Cases and Materials, Eighth Edition, 2023 Supplement


Book Description

​​The Supplement will include the Supreme Court cases from October Term 2022.​ New to the 2023 Edition: Affirmative Action (SFFA v. Harvard College) The Indian Child Welfare Act (Haaland v. Brackeen) Transgender Rights (Doe v. Lapado) Voting Rights (Allen v. Milligan) The Independent State Legislature Theory (Moore v. Harper) The Dormant Commerce Clause (National Pork Producers Council v. Ross) Abortion (Dobbs v. Jackson Women’s Health Organization) The Second Amendment (New York State Rifle & Pistol Association, Inc. v. Bruen, United States v. Rahimi)




Processes of Constitutional Decisionmaking 2009


Book Description

To ensure that you have the most up-to-date and complete materials for your Constitutional Law class, be sure to use Processes of Constitutional Decisionmaking, 2009 Case Supplement. Case coverage includes: Boumediene v. Bush District Attorney's Office for the Third Judicial District v. Osborne District of Columbia v. Heller Gonzales v. Carhart [Carhart II] Hamdan v. Rumsfeld Northwest Austin Municipal Utility District Number One v. Holder Parents Involved in Community Schools v. Seattle School District No. 1 Ricci v. DeStefano Also new to the 2009 Supplement: Senator Jacob Howard, Speech Introducing the Fourteenth Amendment Note: Domestic Surveillance and Presidential Power Note: Presidential Signing Statements Note: the Military Commissions Act of 2006




The Will of the People


Book Description

In recent years, the justices of the Supreme Court have ruled definitively on such issues as abortion, school prayer, and military tribunals in the war on terror. They decided one of American history's most contested presidential elections. Yet for all their power, the justices never face election and hold their offices for life. This combination of influence and apparent unaccountability has led many to complain that there is something illegitimate—even undemocratic—about judicial authority. In The Will of the People, Barry Friedman challenges that claim by showing that the Court has always been subject to a higher power: the American public. Judicial positions have been abolished, the justices' jurisdiction has been stripped, the Court has been packed, and unpopular decisions have been defied. For at least the past sixty years, the justices have made sure that their decisions do not stray too far from public opinion. Friedman's pathbreaking account of the relationship between popular opinion and the Supreme Court—from the Declaration of Independence to the end of the Rehnquist court in 2005—details how the American people came to accept their most controversial institution and shaped the meaning of the Constitution.




The Negotiable Constitution


Book Description

In matters of rights, constitutions tend to avoid settling controversies. With few exceptions, rights are formulated in open-ended language, seeking consensus on an abstraction without purporting to resolve the many moral-political questions implicated by rights. The resulting view has been that rights extend everywhere but are everywhere infringed by legislation seeking to resolve the very moral-political questions the constitution seeks to avoid. The Negotiable Constitution challenges this view. Arguing that underspecified rights call for greater specification, Grégoire C. N. Webber draws on limitation clauses common to most bills of rights to develop a new understanding of the relationship between rights and legislation. The legislature is situated as a key constitutional actor tasked with completing the specification of constitutional rights. In turn, because the constitutional project is incomplete with regards to rights, it is open to being re-negotiated by legislation struggling with the very moral-political questions left underdetermined at the constitutional level.




Processes of Constitutional Decisionmaking 2010 Case Supplement


Book Description

To ensure that you have the most up-to-date and complete materials for your Constitutional Law class, be sure to use Processes of Constitutional Decisionmaking, 2009 Case Supplement . Case coverage includes: Boumediene v. Bush District Attorney's Office for the Third Judicial District v. Osborne District of Columbia v. Heller Gonzales v. Carhart [Carhart II] Hamdan v. Rumsfeld Northwest Austin Municipal Utility District Number One v. Holder Parents Involved in Community Schools v. Seattle School District No. 1 Ricci v. DeStefano Also new to the 2009 Supplement: Senator Jacob Howard, Speech Introducing the Fourteenth Amendment Note: Domestic Surveillance and Presidential Power Note: Presidential Signing Statements Note: The Military Commissions Act of 2006




The Failed Promise of Originalism


Book Description

Originalism is an enormously popular—and equally criticized—theory of constitutional interpretation. As Elena Kagan stated at her confirmation hearing, "We are all originalists." Scores of articles have been written on whether the Court should use originalism, and some have examined how the Court employed originalism in particular cases, but no one has studied the overall practice of originalism. The primary point of this book is an examination of the degree to which originalism influences the Court's decisions. Frank B. Cross tests this by examining whether originalism appears to constrain the ideological preferences of the justices, which are a demonstrable predictor of their decisions. Ultimately, he finds that however theoretically appealing originalism may seem, the changed circumstances over time and lack of reliable evidence means that its use is indeterminate and meaningless. Originalism can be selectively deployed or manipulated to support and legitimize any decision desired by a justice.