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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 | |