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| Preface | |
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| Note to the Reader | |
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| Interpretation of the Constitution | |
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| Approaches to Constitutional Interpretation | |
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| The Approaches in Perspective | |
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| The Ends of the Constitution | |
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| Constitutional Means to Constitutional Ends | |
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| Notes | |
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| Selected Readings | |
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| Constitutional Adjudication | |
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| The Justices of the Supreme Court | |
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| The Supreme Court in the Federal Judicial System | |
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| How Cases Get to the Supreme Court | |
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| How the Supreme Court Decides Cases | |
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| The Impact of Supreme Court Decisions | |
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| Analyzing Supreme Court Decisions | |
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| Sources in Constitutional Law | |
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| Notes | |
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| Selected Readings | |
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| The Judicial Power | |
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| The Power of Judicial Review | |
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| Externally Imposed Restraints on Judicial Review | |
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| Court-Imposed Restraints on Judicial Review | |
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| The Expanding Role of the Courts | |
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| The Courts, Judicial Review, and the Problem of Legitimacy | |
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| Notes | |
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| Selected Readings | |
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| Cases | |
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| Marbury v. Madison (1803) | |
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| Stuart v. Laird (1803) | |
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| Eakin v. Raub (1825) | |
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| Cooper v. Aaron (1958) | |
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| Plant v. Spendthrift Farm, Inc. (1995) | |
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| Young v. United States ex rel. Vuitton (1987) | |
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| Ex parte McCardle (1869) | |
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| Lujan v. Defenders of Wildlife (1992) | |
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| Hein v. Freedom from Religion Foundation (2007) | |
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| Luther v. Borden (1849) | |
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| Baker v. Carr (1962) | |
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| Nixon v. United States (1993) | |
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| Deshaney v. Winnebago County Department of Social Services (1989) | |
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| The Legislative Branch | |
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| The Scope of Congressional Power | |
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| Powers That Facilitate Legislative Activity | |
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| Nonlegislative Powers | |
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| Safeguarding Legislative Power | |
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| Conclusions | |
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| Notes | |
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| Selected Readings | |
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| Cases | |
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| McCulloch v. Maryland (1819) | |
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| Powell v. McCormack (1969) | |
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| U.S. Term Limits, Inc. v. Thornton (1995) | |
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| Gravely. United States (1972) | |
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| McGrain v. Daugherty (1927) | |
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| Watkins v. United States (1957) | |
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| Articles of Impeachment Against William Jefferson Clinton (1998) | |
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| Schechter Poultry Corporation v. United States (1935) | |
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| Mistretta v. United States (1989) | |
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| Immigration and Naturalization Service v. Chadha (1983) | |
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| The Executive Branch | |
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| The Aims of the Framers | |
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| Grants of Power and Their Use | |
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| Implied Powers | |
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| Prerogative Powers | |
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| Notes | |
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| Selected Readings | |
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| Cases | |
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| Clinton v. City of New York (1998) | |
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| Myers v. United States (1926) | |
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| Morrison v. Olson (1988) | |
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| United States v. Nixon (1974) | |
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| Clinton v. Jones (1997) | |
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| In re Neagle (1890) | |
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| Youngstown Sheet & Tube Company v. Sawyer (1952) | |
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| War and Foreign Affairs | |
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| The Interbranch Distribution of Power | |
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| The Foundation and Extent of the Foreign-Affairs Power | |
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| War and Individual Rights | |
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| Notes | |
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| Selected Readings | |
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| Cases | |
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| The Prize Cases (1863) | |
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| The War Powers Resolution (1973) | |
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| Authorization for Use of Military Force (2001) | |
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| United States v. Curtiss-Wright Export Corporation (1936) | |
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| Missouri v. Holland (1920) | |
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| Medellin v. Texas (2008) | |
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| Ex parte Milligan (1866) | |
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| Korematsu v. United States (1944) | |
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| Ex parte Quirin (1942) | |
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| The USA PATRIOT Act (2001) | |
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| Detention, Treatment, and Trial of Certain Non-Citizens in the War Against Terrorism (2001) | |
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| Hamdi v. Rumsfeld (2004) | |
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| Boumediene v. Bush (2008) | |
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| Letter on Wiretapping by the National Security Agency (2005) | |
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| Congressional Research Service Memorandum (2006) | |
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| Federalism | |
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| Federalism and the Founding | |
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| Federalism and the First Congress | |
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| Federalism and the Marshall Court | |
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| Federalism and Its Protection by Subsequent Courts | |
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| The Post-Civil War Amendments and the Shifting of the Federal Balance | |
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| Notes | |
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| Selected Readings | |
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| Cases | |
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| The Judiciary Act of 1789 | |
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| Cohens v. Virginia (1821) | |
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| Coyle v. Smith (1911) | |
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| Baldwin v. Montana Fish and Game Commission (1978) | |
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| Dred Scott v. Sandford (1857) | |
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| New York v. United States (1992) | |
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| Printz v. United States (1997) | |
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| Alden v. Maine (1999) | |
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| Tennessee v. Lane (2004) | |
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| The Civil Rights Cases (1883) | |
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| Jones v. Alfred H. Mayer Company (1968) | |
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| The Exercise of National Power | |
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| The Commerce Power | |
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| The Taxing Power | |
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| The Spending Power | |
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| Health Care and the Constitution | |
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| Limitations on National Power | |
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| Notes | |
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| Selected Readings | |
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| Cases | |
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| Gibbons v. Ogden (1824) | |
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| United States v. E. C. Knight Company (1895) | |
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| Hammer v. Dagenhart (1918) | |
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| National Labor Relations Board v. Jones & Laughlin Steel Corporation (1937) | |
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| Wickard v. Filbum (1942) | |
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| Heart of Atlanta Motel v. United States (1964) | |
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| Garcia v. San Antonio Metropolitan Transit Authority (1985) | |
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| United States v. Lopez (1995) | |
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| Gonzales v. Raich (2005) | |
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| United States v. Butler (1936) | |
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| United States v. Kahriger (1953) | |
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| South Dakota v. Dole (1987) | |
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| National Federation of Independent Business v. Sebelius (2012) | |
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| The Exercise of State Power | |
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| Constitutional Principles | |
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| Preemption | |
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| Negative Implications of the Commerce Clause | |
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| State Regulation and the Modern Court | |
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| The Role of the Court | |
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| Notes | |
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| Selected Readings | |
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| Cases | |
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| Arizona v. United States (2012) | |
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| Cooley v. Board of Wardens (1852) | |
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| Southern Pacific Company v. Arizona (1945) | |
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| Camps Newfound/Owatonna, Inc. v. Town of Harrison (1997) | |
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| Granholm v. Heald (2005) | |
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| The Constitution and Native American Tribes | |
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| Native American Tribes and the New Republic | |
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| Tribal Self-Determination | |
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| Tribal Authority over Disposition of Lands | |
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| Tribal Authority to Institute a Government | |
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| Tribal Authority to Enter into Treaties | |
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| Tribes and Their Relation to the States | |
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| Tribal Authority to Administer Justice | |
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| Tribal Authority to Engage in "Indian Gaming" | |
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| Notes | |
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| Selected Readings | |
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| Cases | |
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| Cherokee Nation v. Georgia (1831) | |
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| Worcester v. Georgia (1832) | |
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| United States v. Kagama (1886) | |
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| Johnson v. McIntosh (1823) | |
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| Lone Wolf v. Hitchcock (1903) | |
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| Public Law 280 (1953) | |
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| United States v. Lara (2004) | |
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| Plains Commerce Bank v. Long Family Land and Cattle Company (2008) | |
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| California v. Cabazon Band of Mission Indians (1987) | |
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| Carcieri v. Salazar (2009) | |
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| The Contract Clause | |
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| Marshall's Expansion of the Contract Clause | |
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| The Decline of the Contract Clause | |
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| A Continued Relevance? | |
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| Notes | |
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| Selected Readings | |
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| Cases | |
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| Fletcher v. Peck (1810) | |
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| Dartmouth College v. Woodward (1819) | |
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| Charles River Bridge Company v. Warren Bridge Company (1837) | |
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| Home Building and Loan Association v. Blaisdell (1934) | |
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| United States Trust Company v. New Jersey (1977) | |
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| Buffalo Teachers Federation v. Tobe (2006) | |
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| Economic Due Process and the Takings Clause | |
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| The Fourteenth Amendment | |
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| The Evisceration (and Possible Recent Restoration?) of the Privileges or Immunities Clause | |
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| Economic Regulation and the Rise of Substantive Due Process | |
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| The Demise of Substantive Due Process in the Economic Realm | |
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| Punitive Damages: An Exception to the Demise of Substantive Due Process in the Economic Realm? | |
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| The Emergence of Substantive Due Process in the Civil Liberties Realm | |
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| The Takings Clause | |
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| Notes | |
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| Selected Readings | |
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| Cases | |
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| The Slaughter-House Cases (1873) | |
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| Saenz v. Roe (1999) | |
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| Munn v. Illinois (1877) | |
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| Lochner v. New York (1905) | |
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| West Coast Hotel Company v. Parrish (1937) | |
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| Williamson v. Lee Optical Company (1955) | |
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| State Farm Mutual Automobile Insurance Company v. Campbell (2003) | |
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| Caperton v. A. T. Massey Coal Company (2009) | |
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| United States v. Carolene Products Company (1938) | |
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| Kelo v. City of New London (2005) | |
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| Nollan v. California Coastal Commission (1987) | |
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| Lucas v. South Carolina Coastal Council (1992) | |
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| Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency (2002) | |
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| Dolan v. City of Tigard (1994) | |
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| The Constitution of the United States of America | |
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| Justices of the Supreme Court | |
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| Glossary of Common Legal Terms | |
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| Table of Cases | |