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Cover

American Legal History

Cases and Materials

Fifth Edition

Kermit L. Hall, Paul Finkelman, and James W. Ely, Jr.

Publication Date - April 2017

ISBN: 9780190253264

768 pages
Paperback
6-1/2 x 9-1/4 inches

In Stock

Retail Price to Students: $109.99

The most complete discussion of American constitutional history currently available

Description

This highly acclaimed text provides a comprehensive selection of the most important documents in American legal history, integrating the history of public and private law from America's colonial origins to the present. Devoting special attention to the interaction of social and legal change, American Legal History: Cases and Materials, Fifth Edition, shows how legal ideas developed in tandem with specific historical events and reveals a rich legal culture unique to America. The book also deals with state and federal courts and looks at the relationship between the development of American society, politics, and economy and how it relates to the evolution of American law. Introductions and instructive headnotes accompany each document, tying legal developments to broader historical themes and providing a social and political context essential to an understanding of the history of law in America. Setting the legal challenges of the twenty-first century in a broad context, American Legal History, Fifth Edition, is an indispensable text for students and teachers of constitutional and legal history, the judicial process, and the effects of society on law.

New to this Edition

  • A new section on the Fundamental Constitutions of South Carolina and a revised analysis of the role of Cotton Mather in the Salem Witch Trials
  • Several new documents including John Winthrop's "Reasons to be Considered for Justifying the Undertakers of the Intended Plantation in New England" (1629); the Letter of Brutus on the Courts (1788); Shorter v. The People (1848); Humber v. Morton (1968); and Florida's "Stand Your Ground Law" (2005)
  • Extensive notes and excerpts from cases on the Affordable Care Act, campaign financing (Citizens United), and voting rights (Shelby County v. Holder)
  • Expanded material on gender and marriage, including excerpts from Windsor v. United States and a discussion of the demise of the Defense of Marriage Act
  • A brief discussion of the emerging issue of transgendered people and the law

About the Author(s)

Kermit L. Hall (1944-2006) was President of the University at Albany, State University of New York.

Paul Finkelman is the John E. Murray Visiting Professor of Law at the University of Pittsburgh School of Law.

James W. Ely, Jr., is Milton R. Underwood Professor of Law, Emeritus, and Professor of History, Emeritus, at Vanderbilt University.

Previous Publication Date(s)

December 2010
January 2004
June 1997

Reviews

"The hardest part about teaching legal history is introducing students to the 'art and craft of the law.' By providing them with digestible excerpts that I can spend hours dissecting after, this text makes that part of my job much easier."--Oliver Lee Bateman, University of Texas at Arlington

"This book sets the standard against which all other document and materials books in the field are judged. It is the leading book, and rightly so."--Thomas C. Mackey, University of Louisville

Table of Contents

    Chapter 1: Law in the Morning of America: The Beginnings of American Law to 1760

    THE ENGLISH HERITAGE AND MAGNA CHARTA
    Magna Charta (1215)
    Note: Due Process and the Law of the Land
    Note: The Reformation, Tudor England, and the Stuart Monarchs
    THE VIRGINIA COLONY
    Dale's Laws (1611)
    THE BEGINNINGS OF CONSTITUTIONALISM IN AMERICA
    The Mayflower Compact (1620)
    John Winthrop, "A Model of Christian Charity" (1629)
    John Winthrop, "Reasons to be Considered for Justifying the Undertakers of the Intended Plantation in New England, & for Encouraging Such Whose Hearts God Shall Move to Join with Them In It" (1629)
    Note: Roger Williams and Religious Liberty
    Roger Williams, "The Bloudy Tenent of Persecution for Cause of Conscience" (1644)
    Roger Williams to the Town of Providence (1655)
    The Laws and Liberties of Massachusetts (1648)
    The Rhode Island Patent (1643)
    The Maryland Toleration Act (1649)
    Note: England's Civil War
    THE POST-RESTORATION COLONIAL GOVERNMENTS
    The Fundamental Constitutions of Carolina (1669)
    William Penn, First Frame of Government (1682)
    The Ne w-York Charter of Libertyes (1683)
    THE GLORIOUS REVOLUTION
    Note: The Case of the Seven Bishops (1688)
    The English Bill of Rights (1689)
    John Locke, "Second Treatise of Civil Government" (1690)
    THE SOURCES OF LAW IN AMERICA
    Note: Reception of the Common Law
    William Blackstone on Reception (1765)
    Giddings v. Brown (1657)
    LAW AND COLONIAL SOCIETY
    Morality and Colonial Law
    "A Horrible Case of Beastiality," Plymouth Colony (1642)
    Marriage, Women, and the Family
    William Blackstone on Women in the Eyes of the Law (1765)
    Note: Women and the Law in the Colonial Era
    An Act Concerning Feme-Sole Traders (1718)
    Widows of New York and Taxes
    Children, Apprenticeship, Education
    Virginia Apprenticeship Statute (1646)
    Children's Education in Plymouth (1685)
    White Indentured Servitude
    In re Wm. Wootton and John Bradye (1640)
    South Carolina Servant Regulations (1761)
    Slavery
    In re John Punch (1640)
    In re Emanuel (1640)
    Re Mulatto (1656)
    Re Edward Mozingo (1672)
    Moore v. Light (1673)
    Against Runnaway Servants, Act XVI (1657-1658)
    How Long Servants Without Indentures Shall Serve, Act XVIII (1657-1658)
    An Act for the Dutch and All Other Strangers for Tradeing to This Place, Act XVI (1659-1660)
    Run-aways, Act CII (1661-1662)
    Negro Womens Children to Serve According to the Condition of the Mother, Act XII (1662)
    An Act Declaring that Baptisme of Slaves Doth Not Exempt Them from Bondage, Act II (1667)
    An Act About the Casuall Killing of Slaves, Act I (1669)
    An Act for Preventing Negro Insurrections, Act X (1680)
    The Germantown Protest Against Slavery (1688)
    South Carolina Slave Code (1740)
    The New York "Negro Plot" (1741)
    Colonial Welfare Systems
    An Act for the Relief of the Poor (1742)
    Note: Colonial Workfare
    Class Legislation, Sumptuary Laws, and Social Deference
    The Incident of the Roxbury Carters (1705)
    Law and the Colonial Economy
    The Laws and Liberties of Massachusetts (1648)
    The Laws of South Carolina (1734)
    Early Criminal Law
    The Salem Witch Trials (1692)
    Increase Mather, "Cases of Conscience Concerning Evil Spirits Personating Men" (1692)
    Cotton Mather, The Wonders of the Invisible World (1693)
    Politics and Criminal Law: Toward a New America
    The Zenger Trial (1735)

    Chapter 2: Law in a Republican Revolution 1760-1815

    THE AMERICAN REVOLUTION
    Jonathan Mayhew, "Unlimited Submission and Non-resistance to the Higher Powers" (1750)
    Note: Litigation and the Coming of the Revolution
    James Otis, "The Rights of the British Colonies" (1764)
    William Blackstone on the Imperial Constitution (1765)
    The Declaratory Act (1766)
    The Declaration and Resolves of the Continental Congress (1774)
    Tom Paine, Common Sense (1776)
    The Declaration of Independence (1776)
    REPUBLICAN STATE CONSTITUTIONALISM
    The Virginia Declaration of Rights (1776)
    The People the Best Governors (1776)
    Note: The Pennsylvania Constitution of 1776
    Slavery and the New Nation
    Somerset v. Stewart (1772)
    The Pennsylvania Gradual Abolition Act (1780)
    Massachusetts Constitution of 1780
    Commonwealth v. Jennison (1783)
    Virginia Manumission Act (1782)
    North Carolina Statute on Slave Murder (1791)
    Thomas Jefferson on Slavery, Notes on the State of Virginia (1784)
    Religion
    The Virginia Statute for Religious Freedom (1786)
    New Hampshire Constitution (1784)
    Revolution and Law Reform
    Thomas Jefferson, Notes on the State of Virginia (1784)
    REPUBLICAN NATIONAL CONSTITUTIONALISM
    The Articles of Confederation (1781)
    The Philadelphia Convention (1787)
    Debates Over Ratification of the Constitution
    Antifederalist Critique of the Constitution: Elbridge Gerry's Report on the Constitution as Printed in the Massachusetts Centinel (1787)
    Federalist, Number 10 (1787)
    Federalist, Number 78 (1788)
    Letter of Brutus, No. XV (1788)
    The Northwest Ordinance (1787)
    THE NEW REPUBLIC
    The Bill of Rights
    James Madison, "Property" (1792)
    EXECUTIVE POWER, CIVIL LIBERTIES, AND THE GOVERNMENT
    Hamilton Versus Madison on Presidential Power (1793)
    George Washington, Farewell Address (1796)
    The Sedition Act (1798)
    The Virginia and Kentucky Resolutions (1798-1799)
    Thomas Jefferson, First Inaugural Address (1801)
    COURTS, JUDGES, AND THE POWERS OF CONGRESS IN THE NEW NATION
    The Judiciary Act (1789)
    Jefferson Versus Hamilton on the Bank of the United States (1791)
    Calder v. Bull (1798)
    Marbury v. Madison (1803)

    Chapter 3: The Active State and the Mixed Economy 1812-1870

    THE GOLDEN AGE OF AMERICAN LAW
    COMMERCE, LEGISLATIVE PROMOTION, AND LAW IN THE NEW REPUBLIC
    The New York Steamboat Monopoly and the Federal Commerce Power
    Livingston v. Van Ingen (1812)
    Note: The Mix of Economics, Politics, and Law
    Gibbons v. Ogden (1824)
    Note: The Effect of Gibbons
    The Second Bank of the United States
    McCulloch v. Maryland (1819)
    Note: A Court Opinion as Political Theory
    Andrew Jackson, Veto Message (1832)
    Note: Jacksonian Economics
    Note: A Federal Common Law
    Note: Canals, Internal Improvements, and the States
    State Constitutions and the Active State
    Ohio Constitution (1851)
    Mississippi Constitution (1817)
    Mississippi Constitution (1832)
    SUBSTANTIVE LAW AND ECONOMIC GROWTH
    The Advent of the Corporation
    Dartmouth College v. Woodward (1819)
    Note: The Politics of the Dartmouth College Case
    Charles River Bridge Company v. Warren Bridge Company (1837)
    Note: The Limited Liability of Stockholders
    Labor in an Industrializing Society
    Note: The Traditional Theory of Labor Conspiracy
    Commonwealth v. Hunt (1842)
    Note: The Fellow Servant Rule
    Farwell v. The Boston and Worcester Railroad Co. (1842)
    Note: Chief Justice Shaw and Labor
    Note: Fellow Servants and Slaves
    Property
    Van Ness v. Pacard (1829)
    Note: Eminent Domain
    Parham v. The Justices of Decatur County (1851)
    Note: Just Compensation
    Barron v. Baltimore (1833)
    Joseph Angell, A Treatise on the Law of Watercourses (1854)
    Note: Water Rights and Industrial Development in the East
    Cary v. Daniels (1844)
    Note: Water Rights in the West
    Walter Prescott Webb, The Great Plains (1931)
    Irwin v. Phillips, et al. (1855)
    Note: Law and Westward Migration
    The Growth of Contract Law in the Nineteenth Century
    Seixas and Seixas v. Woods (1804)
    McFarland v. Newman (1839)
    Icar v. Suares (1835)
    Seymour v. Delancey, et al. (1824)
    Note: Contracts and the Emerging Speculative Economy
    Note: Contracts and the Federal Constitution
    The Evolution of Modern Tort Law
    Spencer v. Campbell (1845)
    Brown v. Kendall (1850)
    Note: The Emergence of Negligence
    Note: Toward the Future
    Ryan v. New York Central Railroad Co. (1866)
    Fent et al. v. Toledo, Peoria & Warsaw Railway Co. (1871)
    An Act to Establish the Responsibility of Railroad Corporations, Companies and Persons Owning or Operating Railroads, for Damages by Fires Communicated by Locomotive Engines (1887)
    Note: Wrongful Death and Tort Law

    Chapter 4: Slavery, the Civil War, Reconstruction, and Segregation

    SLAVERY AND STATE LAW
    Race and the Law of Negro Slavery
    Thomas R. R. Cobb, An Inquiry into the Law of Negro Slavery (1858)
    The Power of the Master over the Slave
    State v. Mann (1829)
    Note: Harriet Beecher Stowe on Southern Judges
    Souther v. Commonwealth (1851)
    State v. Hoover (1839)
    Mitchell v. Wells (1859)
    Note: The Somerset Precedent in America
    SLAVERY AND THE CONSTITUTION
    The Problem of Fugitive Slaves
    Prigg v. Pennsylvania (1842)
    Note: Prigg and the Use of History
    Note: Prigg and Its Aftermath
    Note: Northern States'-Rights Arguments
    Slavery, the Territories, and Interstate Comity
    Dred Scott v. Sandford (1857)
    Note: The Reaction to Dred Scott
    Abraham Lincoln, "House Divided" Speech (1858)
    Note: The Next Dred Scott Decision
    SECESSION AND CONSTITUTIONAL THEORY
    South Carolina Ordinance of Nullification (1832)
    President Jackson's Proclamation Regarding Nullification (1832)
    NULLIFICATION AND SECESSION
    Declaration of the Immediate Causes Which Induce and Justify the Secession of South Carolina (1860)
    Abraham Lincoln, First Inaugural Address (1861)
    THE CIVIL WAR AND EMANCIPATION
    Abraham Lincoln, The Emancipation Proclamation (1863)
    Note: The Effect of the Emancipation Proclamation
    Abraham Lincoln, Second Inaugural Address (1865)
    RECONSTRUCTION AND ITS AFTERMATH: POLITICAL CHANGE, BLACK FREEDOM, AND THE NADIR OF BLACK RIGHTS
    Political Change
    Articles of Impeachment of Andrew Johnson (1868)
    Note: The Courts and the Politics of Reconstruction
    Black Freedom
    Mississippi Black Codes (1865)
    An Act to Protect All Persons in the United States in Their Civil Rights, and Furnish Means of Their Vindication (1866)
    Note: The Civil Rights Act and the Fourteenth Amendment
    Note: Andrew Johnson's Veto of the 1866 Civil Rights Act
    Note: The Freedmen's Bureau
    Note: The Civil Rights Act of 1875
    The End of Civil Rights
    The Slaughterhouse Cases (1873)
    Note: The Slaughterhouse Legacy
    Note: Civil Rights Cases (1883)
    Note: Responses to the Civil Rights Cases
    Race and Segregation in Nineteenth-Century Law and Society
    Roberts v. The City of Boston (1850)
    Note: The Response to Roberts
    Note: Free Blacks and the Law
    Plessy v. Ferguson (1896)
    Note: Separate But Equal in the North
    Segregation on the Eve of a New Century (1898)

    Chapter 5: Nineteenth-Century Law and Society 1800-1900

    RACE
    Native Americans
    Cherokee Nation v. Georgia (1831)
    Note: The Federal Government and Native Americans
    Lone Wolf v. Hitchcock (1903)
    Asians
    Yick Wo v. Hopkins (1886)
    Note: The Chinese and Jim Crow
    Note: Chinese Exclusion
    United States v. Wong Kim Ark (1898)
    Note: Gentlemen's Agreement (1907)
    Oregon v. Charley Lee Quong, Ah Lee, and Lee Jong (1879)
    The Mexican Southwest
    California ex rel. M. M. Kimberly v. Pablo de la Guerra (1870)
    GENDER AND DOMESTIC RELATIONS
    The Rights of Women
    "The Seneca Falls Declaration of Sentiments" (1848)
    The New York Married Women's Property Acts (1848) and (1849)
    Note: Married Women and the Law
    Bradwell v. Illinois (1873)
    Minor v. Happersett (1875)
    Note: The Case of United States v. Susan B. Anthony (1873)
    Marriage and Divorce
    Joel P. Bishop, "The Nature of Marriage and How Defined" (1881)
    Wightman v. Coates (1833)
    Reynolds v. United States (1879)
    Note: Divorce
    Waldron v. Waldron (1890)
    Birth Control and Abortion
    State v. Slagle (1880)
    Note: Abortion and the Quickening Doctrine
    People v. Sanger (1918)
    CRIME AND CRIMINAL JUSTICE
    Crime and Punishment
    Cesare Beccaria, On Crimes and Punishments (1764)
    Charles Loring Brace, "The Causes of Crime" (1880)
    Note: The Police and the Prison
    The Excuse of Crime
    State v. Felter (1868)
    Note: Insanity Tests
    Bill Bell v. The State (1885)
    Note: The South and Self-Defense
    Henry Shorter v. The People (1848)
    Late-Nineteenth-Century Crime and Morality
    People v. Plath (1885)
    The Federal Government, Crime, and Morality
    Ex parte Jackson (1877)
    Note: Morality and Free Speech

    Chapter 6: Lawyers and the Rise of the Regulatory State 1850-1920

    THE LAWYER IN AMERICAN SOCIETY
    Alexis de Tocqueville on Lawyers and Judges (1835)
    LEGAL EDUCATION
    Christopher C. Langdell, A Selection of Cases on the Law of Contracts (1871)
    Note: Critics of Langdellian Assumptions
    LEGAL THEORY IN THE LATE NINETEENTH CENTURY
    Thomas M. Cooley, A Treatise on the Constitutional Limitations which Rest upon the Legislative Power of the States of the American Union (1868)
    Note: Social Tension in the 1890s
    Christopher G. Tiedemann, A Treatise on the Limitations of Police Power in the United States (1886)
    Oliver Wendell Holmes, Jr., The Common Law (1881)
    Oliver Wendell Holmes, Jr., "The Path of the Law" (1897)
    THE GROWTH OF ECONOMIC REGULATION
    Property Rights and Police Power
    David J. Brewer, "Protection to Private Property from Public Attack" (1891)
    STATE REGULATION AND THE PUBLIC INTEREST
    States and Labor Law
    New Jersey Child Labor Act (1851)
    Illinois Criminal Syndicalism Act (1887)
    New York Workers' Compensation Act (1910)
    Workers' Compensation and the Question of Causation
    Ives v. South Buffalo Railway Co. (1911)
    Eminent Domain
    Colorado Constitution (1876)
    Note: The Evolution of Takings Jurisprudence
    FEDERAL REGULATION AND THE PUBLIC INTEREST
    The Interstate Commerce Commission
    Interstate Commerce Act (1887)
    Note: Judicial Reaction to the Interstate Commerce Commission
    Trust-Busting: The Statutory Basis
    Sherman Anti-Trust Act (1890)
    Federal Commerce Power
    United States v. E. C. Knight & Co. (1895)
    Note: Anti-Trust Law in the Progressive Era
    Populist Platform Adopted at St. Louis (1892)
    Taxation of Income
    Joseph H. Choate, Arguments for Appellant in the Income Tax Cases (Pollock v. Farmers' Loan and Trust Co.) (1895)
    JUDICIAL REACTION TO THE REGULATORY STATE
    The Origins of Substantive Due Process
    Wynehamer v. The People (1856)
    Bond Repudiation and Judicial Review
    The Bradley Dissent in Slaughterhouse
    The Slaughterhouse Cases (1873)
    Reaffirmation of the Police Power
    Munn v. Illinois (1877)
    Note: Federal Judicial Review of State Rate Regulations
    Substantive Due Process in the State Courts
    In re Jacobs (1885)
    Note: Substantive Due Process and Corporations
    Note: The Labor Injunction
    Federal Police Power and Labor
    In re Debs (1895)
    Note: Labor and the Law
    Liberty of Contract
    Allgeyer v. Louisiana (1897)
    Liberty of Contract and Workplace Regulation
    Holden v. Hardy (1898)
    Lochner v. New York (1905)
    Muller v. Oregon (1908)
    Toward a Federal Police Power
    Champion v. Ames (1903)
    Note: The Growth of Federal Police Power
    Note: Child Labor

    Chapter 7: Total War, Civil Liberties, and Civil Rights

    INDIVIDUAL RIGHTS IN A CHANGING CULTURE
    Louis D. Brandeis and Samuel D. Warren, "The Right to Privacy" (1890)
    WORLD WAR I AND CIVIL LIBERTIES
    The Suppression of Dissent During World War I
    Paul Murphy, World War I and the Origins of Civil Liberties in the United States (1979)
    Censorship, Free Speech, and Opposition to World War I
    Schenck v. United States (1919)
    Note: Debs v. United States (1919)
    Abrams et al. v. United States (1919)
    Note: The Abrams Dissent
    RADICALS AND CIVIL LIBERTIES
    Note: Civil Liberties and Fourteenth Amendment Incorporation
    Whitney v. California (1927)
    WORLD WAR II AND LEGAL DEVELOPMENTS
    The Flag Salute Cases
    West Virginia State Board of Education v. Barnette (1943)
    The Japanese Internment
    Note: Executive Order-No. 9066
    Hirabayashi v. United States (1943)
    Korematsu v. United States (1944)
    Note: Ex parte Endo (1944)
    Note: The Internment Cases a Generation Later
    CIVIL LIBERTIES AND CRIMINAL JUSTICE IN CRISIS TIMES
    The Emergence of Criminal Due Process
    Weeks v. United States (1914)
    Olmstead v. United States (1928)
    Note: Prohibition and the Law
    CRIME IN THE CITIES
    Roscoe Pound and Felix Frankfurter, Criminal Justice in Cleveland (1922)
    CIVIL RIGHTS AND RACIAL JUSTICE
    Race and the Franchise
    Race and Education
    Missouri ex rel. Gaines v. Canada (1938)
    Note: Beyond Gaines
    Racial Justice and Criminal Law
    James Harmon Chadbourn, "Lynching and the Administration of Justice" (1933)
    Note: Lynching and Federal Law
    Note: Black Rights, Southern Justice, and the Supreme Court

    Chapter 8: The Rise of Legal Liberalism, Economic Reform, and the New Deal 1900-1945

    SOCIOLOGICAL JURISPRUDENCE, THE AMERICAN LAW INSTITUTE, AND LEGAL REALISM
    Oliver Wendell Holmes, Jr., "Law and the Court" (1913)
    Note: Oliver Wendell Holmes, Jr., and Judging
    Louis D. Brandeis, "Brief for the Defendant in Error," Muller v. Oregon (1907)
    The American Law Institute
    Elihu Root, "Report of the Committee," American Law Institute (1923)
    Note: The American Law Institute and the Restatements
    Legal Realism
    Jerome Frank, Law and the Modern Mind (1936)
    Note: Legal Realism
    THE NEW DEAL AND THE RISE OF LEGAL LIBERALISM
    The State and Federal Legislative Response
    The Supreme Court and the "First" New Deal
    Schechter v. United States (1935)
    United States v. Butler (1936)
    FDR'S Court-Packing Plan
    Franklin Roosevelt, "Fireside Chat on the 'Court-Packing' Bill" (1937)
    Note: The Fate of FDR's Court-Packing Plan
    The Retreat From Economic Substantive Due Process
    West Coast Hotel v. Parrish (1937)
    Note: The Decline of Substantive Due Process and the Revolution in Commerce Clause Jurisprudence
    Ordered Liberty, Preferred Positions, and Selective Incorporation
    Palko v. Connecticut (1937)
    Note: Carolene Products and Preferred Positions
    Footnote 4: United States v. Carolene Products Co. (1938)
    THE LIMITS OF FEDERAL JUDICIAL POWER
    Note: The Fate of Erie

    Chapter 9: Rights, Liberty, and Science in Modern America

    CIVIL RIGHTS
    Race
    Brown v. Board of Education of Topeka, Kansas (1954)
    "Southern Declaration on Integration" (1956)
    Note: Race and the Constitution
    Martin Luther King, Jr., "Letter from Birmingham City Jail" (1963)
    Civil Rights Act of 1964
    Affirmative Action
    Regents of the University of California v. Bakke (1978)
    Note: The Future of Affirmative Action in Education
    City of Richmond v. J. A. Croson Company (1989)
    Note: The Aftermath of Croson
    Gender
    Griswold v. Connecticut (1965)
    Note: The Debate in Griswold
    Roe v. Wade (1973)
    Note: The Right to Privacy After Roe
    Johnson v. Transportation Agency, Santa Clara County (1987)
    Note: Affirmative Action and Sexual Harassment
    Sexual Orientation
    Romer v. Evans (1996)
    Same-Sex Marriages
    Baker v. State (1999)
    Vermont Civil Union Act (2000)
    Defense of Marriage Act
    United States v. Windsor (2013)
    Note: After Windsor
    Note: Transgender Persons and the Law
    CIVIL LIBERTIES
    Freedom of Speech and Press
    Dennis et al. v. United States (1951)
    Note: Free Speech and Internal Security
    New York Times v. Sullivan (1964)
    Note: Offensive Speech
    Religious Freedom and Separation of Church and State
    Engel v. Vitale (1962)
    Employment Division, Department of Human Resources of Oregon v. Smith (1990)
    Note: Religious Freedom Restoration Act of 1993
    CRIMINAL JUSTICE
    Miranda v. Arizona (1966)
    Note: The Supreme Court and Criminal Justice
    Note: Criminal Prosecutions and the Problem of Mass Incarceration
    Florida Stand Your Ground Law (2005).
    SCIENCE AND LAW
    Definition of Death
    In re Quinlan (1976)
    Note: Right to Die
    Surrogate Parenting
    In re Baby M (1988)
    The Challenge of DNA
    Science and Environmental Law
    TVA v. Hill (1978)
    Note: The Fate of Hill
    Note: New Frontiers in the Environment
    Cyberspace
    Intel v. Hamidi (2003)

    Chapter 10: Law and the Economy in Modern America

    REGULATORY STATE
    Deregulation
    The Staggers Act (1980)
    The Contours of Environmental Regulation
    Howard Latin, "Ideal Versus Real Regulatory Efficiency: Implementation of Uniform Standards and 'Fine-Tuning' Regulatory Reforms" (1985)
    Bruce A. Ackerman and Richard B. Stewart, "Reforming Environmental Law" (1985)
    William J. Clinton, Executive Order-No. 12866 (1993)
    Anti-Trust Policy
    ECONOMIC ACTIVITY
    Contract
    Williams v. Walker-Thomas Furniture Company (1965)
    Torts
    Greenman v. Yuba Power Products, Inc. (1962)
    Fassoulas v. Ramey (1984)
    Note: Legislative Reform of the Tort System
    BMW of North America, Inc. v. Gore (1996)
    Note: Beyond Gore
    Note: Tobacco Litigation
    Property
    Lionshead Lake, Inc. v. Wayne Tp. (1952)
    Note: Zoning
    Eminent Domain
    Kelo v. City of New London (2005)
    Note: Post-Kelo Developments
    Regulatory Takings
    Lucas v. South Carolina Coastal Council (1992)
    Residential Leases
    Javins v. First National Realty Corporation (1970)
    Humber v. Morton (1968)
    Note: Warranties in Sales of Homes
    Entitlements and "New Property"
    NEW FEDERALISM
    United States v. Lopez (1995)
    Note: New Directions in Commerce Clause Jurisprudence
    Note: New Directions in Commerce Taxing and Health Care: The Affordable Care Act
    Printz v. United States (1997)
    Note: The Response to Printz

    Chapter 11: Law, Politics, and Terror

    THE MODERN PRESIDENCY AND SEPARATION OF POWERS
    New York Times Company v. United States; United States v. Washington Post Company (1971)
    Note: The Modern Presidency
    United States v. Nixon (1974)
    Note: The Resignation of Richard Nixon
    THE IMPEACHMENT OF BILL CLINTON
    House Committee on the Judiciary, Resolutions of Impeachment Against William Jefferson Clinton, President of the United States, for High Crimes and Misdemeanors (1998)
    Note: The Senate Vote on President Clinton
    POLITICAL QUESTIONS, THE PRESIDENTIAL ELECTION OF 2000, AND THE SUPREME COURT
    Bush v. Gore (2000)
    Note: The Supreme Court and the Political Process
    President-Elect George W. Bush Addresses the Nation (2000)
    Note: Voting Rights and Campaign Finance Regulation
    Voting Rights Act: Shelby County v. Holder (2013)
    Voter I.D. Laws: Frank v. Walker (2014).
    Campaign Finance Rules: Citizens United v. Federal Elections Commission (2010)
    TERROR, LIBERTY, AND THE PRESIDENCY
    Note: The USA PATRIOT Act of 2001
    The Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT) Act of 2001, H.R. 3162, Section-by-Section Analysis
    The USA PATRIOT ACT: For and Against
    The USA PATRIOT ACT: Preserving Life and Liberty (2004)
    American Civil Liberties Union, "The USA PATRIOT ACT and Government Actions That Threaten Our Civil Liberties" (2004)
    Newt Gingrich, "The Policies of War: Refocus the Mission" (2003)
    Zelman v. Simmons-Harris (2002)
    Note: Homeland Security Act
    Lakhdar Boumediene v. George W. Bush, President of the United States (2008)

    Appendix: The Constitution of the United States
    Notes
    Sources and Credits
    Index of Cases