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Liberty, Equality and Due Process: Cases, Controversies, and Contexts in Constitutional Law

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Ruthann Robson

Pub Date: 2018

Publisher: CALI's eLangdell® Press

Language: English

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Table of Contents

  • Chapter One: An Introduction to Constitutional Law and The Issue of State Action
  • Chapter Two: Introduction To Constitutional Interpretation and Judicial Review
  • Chapter Three: Slavery and Racial Equality
  • Chapter Four: Race and Equal Protection
  • Chapter Five: Nonracial Classifications and Equal Protection
  • Chapter Six: Fundamental Rights and Equal Protection
  • Chapter Seven: The Privileges or Immunities Clause
  • Chapter Eight: Incorporation and Fundamental Rights
  • Chapter Nine: The Second Amendment
  • Chapter Ten: Unenumerated Rights and Due Process
  • Chapter Eleven: Liberty, Due Process, and Equal Protection
  • Chapter Twelve: State Constitutions

About the Book

This Casebook is intended to be used in a course which concentrates on Constitutional Rights and centers the Fourteenth Amendment. It can be used in a first year Law School course with a title such as “Liberty, Equality, and Due Process,” as it is at CUNY School of Law, an upper division Constitutional Rights course, or an advanced undergraduate course focusing on constitutional rights, especially equality and due process.

The Casebook begins with the threshold issue of “state action” which orients students to a basic but often under-taught principle of constitutional law. The Casebook then considers judicial review and constitutional interpretation. Chapters 3-6 center on equality, including slavery before the Reconstruction Amendments, equal protection for racial, gender, and other classifications, affirmative action, and fundamental rights in equal protection doctrine. Chapters 7-9 are shorter chapters that consider the Privileges or Immunities Clause, Incorporation of Bill of Rights provisions to the states, and the Second Amendment. Chapter 10 focuses on substantive due process, with Chapter 11 treating the “synergy” between due process and equal protection regarding fundamental rights. The brief last Chapter, Chapter 12, includes materials on state constitutional rights, which can be omitted or integrated into previous subjects.

About the Contributors

Author

Ruthann Robson is Professor of Law and University Distinguished Professor at the City University of New York (CUNY) School of Law.

She is the author of FIRST AMENDMENT : CASES , CONTROVERSIES , AND CONTEXTS (eLangdell).

Her other books include DRESSING CONSTITUTIONALLY: HIERARCHY, SEXUALITY, AND DEMOCRACY (2013); SAPPHO GOES TO LAW SCHOOL (1998); GAY MEN, LESBIANS, AND THE LAW (1996); and LESBIAN (OUT)LAW: SURVIVAL UNDER THE RULE OF LAW (1992).

She is also the editor of the three volume set, INTERNATIONAL LIBRARY OF ESSAYS IN SEXUALITY & LAW (2011). She is one of two editors of the Constitutional Law Professors Blog and a frequent commentator on constitutional and sexuality issues.

She is one of the 26 professors selected for inclusion in WHAT THE BEST LAW TEACHERS DO (Harvard University Press, 2013) .