Law Commons^™

What If The Butchers In The Slaughter House Cases Had Won?: An Exercise In "Counterfactual" Doctrine, Jane L. Scarborough

Maine Law Review

In a recent Harvard Law Review commentary, two well-known constitutional scholars called into question not only what Supreme Court cases are “canonized” in casebooks, but whether the “Court-centeredness” of our scholarship and teaching about constitutional law has led to an impoverishment of the discourse on justice. The authors document how “[c]ases become important to teach and remember because they serve as the icons (and demons) of an invented constitutional tradition” --a tradition that “comes into being at a particular point in history, and then regards itself as always having been there.” There is no better example of such an icon …

Scalia In The Casebooks, Brian T. Fitzpatrick, Paulson K. Varghese

Vanderbilt Law School Faculty Publications

In the time since Justice Antonin Scalia’s untimely death, much has been written about what his influence has been and what his influence will be. In this Essay, we try to quantify Scalia’s influence in law school constitutional-law curricula by studying how often his ideas are explored in constitutional-law casebooks. In particular, relative to other justices, we look at how often Scalia’s opinions (for the Court, or his separate opinions) are excerpted in the principal cases and how often he is referred to by name in the notes preceding and following the principal cases. We find that Scalia is at …

Race And Constitutional Law Casebooks: Recognizing The Proslavery Constitution, Juan F. Perea

Michigan Law Review

Federalist No. 54 shows that part of Madison's public defense of the Constitution included the defense of some of its proslavery provisions. Madison and his reading public were well aware that aspects of the Constitution protected slavery. These aspects of the Constitution were publicly debated in the press and in state ratification conventions. Just as the Constitution's protections for slavery were debated at the time of its framing and ratification, the relationship between slavery and the Constitution remains a subject of debate. Historians continue to debate the centrality of slavery to the Constitution. The majority position among historians today appears …

The Role Of Case Studies In Natural Resources Law [Summary], John Copeland Nagle

The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)

4 pages.

"John Nagle, Univ. of Notre Dame Law School" -- Agenda

The Canon Has A History, Richard A. Primus

Reviews

Legal Canons, edited by J. M. Balkin and Sanford Levinson, is a collection of fourteen essays on subjects related to canonicity in law and legal education. Balkin and Levinson have two principal aims. One is to expand the category of things that can be canonical: not just texts, they say, but also arguments, problems, narrative frameworks, and examples invoked in conversation or teaching. In their view, what makes something canonical is its ability to reproduce itself in the minds of successive generations.' If generation after generation of legal academics argues about the countermajoritarian difficulty, then the countermajoritarian difficulty is a …

Cases Versus Theory, Richard B. Collins

Publications

No abstract provided.

The Shadow Of Natural Rights, Or A Guide From The Perplexed, Hadley Arkes

Michigan Law Review

A Review of American Constitutional Interpretation by Walter Murphy, James Fleming and William Harris, II

Intergenerationalism And Constitutional Law, Ira C. Lupu

Michigan Law Review

A Review of Constitutional Law by Geoffrey R. Stone, Louis M. Seidman, Cass R. Sunstein and Mark V. Tushnet and Constitutional Law: Cases -- Comments -- Questions by William B. Lockhart, Yale Kamisar, Jesse H. Choper, and Steven H. Shiffrin

Constitutional Law Casebooks: A View From The Podium, Robert A. Sedler

Michigan Law Review

A Review of Constitutional Law: Cases and Materials by Edward L. Barrett, and Constitutional Law: Principles and Policy by Jerome A. Barron and C. Thomas Dienes, and The Process of Constitutional Decisionmaking by Paul Brest, and Constitutional Law--Cases ad Other Problems by Paul A. Freund, Arthur F. Sutherland, Mark DeWolf Howe and Ernest J. Brown, and Constitutional Law: Cases and Materials by Gerald Gunther, and Constitutional Law: Case and Materials b Paul Kauper and Francis Beytagh, and Constitutional Law: Cases--Comments--Questions by William B. Lockhart, Yale Kamisar, and Jesse H. Choper.

Book Review. Cases And Materials On Constitutional Law By John P. Frank, Monrad G. Paulsen

Articles by Maurer Faculty

No abstract provided.

Review: Cases On Constitutional Law, Thomas C. Lavery

Michigan Law Review

A Review of: CASES ON CONSTITUTIONAL LAW By Dudley O. McGovney.