• Constitutional Conflicts: Part I, 1997
 
 
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Constitutional Conflicts: Part I, 1997

Constitutional Conflicts: Part I, 1997

Derrick A. Bell, Jr., Visiting Professor of Law, New York University School of Law


Availability: In Stock
Publisher :Anderson Publishing
Format: clothbound; 608 pp. , BOOK

ISBN: 9780870842450

1997
 
$34.00
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    While students must grasp the concepts key to the making of a constitutional argument, it is quite clear that because Supreme Court decisions defy even the most skilled efforts to explain or harmonize as neutral, or objective, interpretations of the constitutional text, the important point is to understand that rather than a revered relic bequeathed by the Founding Fathers to be kept under glass and occasionally dusted, the Constitution is a living document, one locus of battle over the shape of our society, where differing prescriptive and proscriptive visions compete over what is, what should be, and what will be. To accomplish this goal, each chapter of Constitutional Conflicts begins with a hypothetical set of facts and procedural posture of the Supreme Court. Utilizing the text and cases, students are asked to assume the roles of attorney and justices, with oral argument, briefs, and opinions.

    Professors and adjunct professors may request complimentary examination copies of LexisNexis law school publications to consider for class adoption or recommendation. Please identify the book(s) you wish to receive, provide your institutional contact information, and submit your request here.

    TABLE OF CASES

    ACKNOWLEDGMENTS

    OVERVIEW

    1 Popular Front Rule v. Commission on Treason

    Separation of Powers

    2 Modern Gun, Inc. v. United States

    Powers of Congress: Taxing and Spending

    3 Arcadia Steel v. Commissioner

    The Tenth Amendment and American Federalism

    Bibliography

    4 American Federation of Employable Workers v. Commissioner of the Internal Revenue Service

    Presidential Powers: Executing the Laws

    5 The Short-Handled Hoe

    The Early Development of the Dormant Commerce Clause

    Dormant Commerce Clause: Modern Cases

    6 Rapapport et al. v. Arcadia et al.

    The Privileges and Immunities Clauses

    7 Arcadia University et al. v. United States

    The Commerce Clause

    8 Farmers Ass'n of Antler County et al. v. North Arcadia

    The Contracts and Takings Clauses

    9 Horner v. State of Arcadia

    State Action and the Fourteenth Amendment

    10 In re Arnold D.

    Procedural Due Process

    11 VU 69: Jennifer M. v. Arcadia

    Substantive Due Process

    12 Ruiz v. Arcadia Board of Higher Education

    Equal Protection: Overview

    Equal Protection: Rational Basis Analysis

    Equal Protection: Strict Scrutiny Analysis

    13 Beadle v. Arcadia City

    Equal Protection: Discriminatory Purpose and Effect

    14 Frank v. State of Arcadia

    Voting Rights

    15 John Mertens v. Arcadia State University for Women

    Equal Protection: Gender

    16 AIDS Management Association v. Town Council of Bellefleur

    Equal Protection: Sexual Preference

    17 In the Matter of the Welfare of Alice W.R.

    Constitutional Protection of the Family

    18 Proposition 666

    Equal Protection-Alienage: The Sometimes Suspect Class

    19 Human Services Coalition

    Equal Protection: Poor People and the Constitution

    20 Compton v. Arcadia School District

    To Be, or Not To Be, Suspect Classes-Equal Protection, Wealth, Education and Housing

    21 Stop the Pain: Arcadia v. James

    The First Amendment: Introduction

    Freedom of Expression

    22 Stop the Pain: Arcadia v. James II

    Prior Restraint

    23 Spike Lee et al. v. City of Los Angeles

    Regulation of Speech

    24 The Fresno Bee v. Superior Court

    Freedom of the Press

    25 Hue v. Hillton Medical and Research Center

    The Births of the Freedoms of Association and Symbolic Speech

    26 Scrap-Ed Association v. Dontell

    The First Amendment Within Restricted Environments

    27 Earp v. Newstime, Inc. and Handgun Control

    Libel and the First Amendment

    28 Consolidated Edison Corp. v. State of Arcadia

    Commercial Speech: Fifty Years After a Sub is Torpedoed, the Crew is Still Treading Water-Barely

    29 Xenna, et al. v. Arcadia

    Obscenity

    30 Johnson Valley School Board v. Ima Parent

    The (No) Establishment Clause

    31 The North Arcadian Alcohol Ban

    The Free Exercise Clause


    APPENDIX

    The Constitution of the United States

     

    Derrick A. Bell, Jr.


     

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