american constitutional law introductory essays and selected cases

We will keep fighting for all libraries - stand with us!

Internet Archive Audio

• This Just In
• Grateful Dead
• Old Time Radio
• 78 RPMs and Cylinder Recordings
• Audio Books & Poetry
• Computers, Technology and Science
• Music, Arts & Culture
• News & Public Affairs
• Spirituality & Religion
• Radio News Archive

• Flickr Commons
• Occupy Wall Street Flickr
• NASA Images
• Solar System Collection
• Ames Research Center

• All Software
• Old School Emulation
• MS-DOS Games
• Historical Software
• Classic PC Games
• Software Library
• Kodi Archive and Support File
• Vintage Software
• CD-ROM Software
• CD-ROM Software Library
• Software Sites
• Tucows Software Library
• Shareware CD-ROMs
• Software Capsules Compilation
• CD-ROM Images
• ZX Spectrum
• DOOM Level CD

• Smithsonian Libraries
• FEDLINK (US)
• Lincoln Collection
• American Libraries
• Canadian Libraries
• Universal Library
• Project Gutenberg
• Children's Library
• Biodiversity Heritage Library
• Books by Language
• Additional Collections

• Prelinger Archives
• Democracy Now!
• Occupy Wall Street
• TV NSA Clip Library
• Animation & Cartoons
• Arts & Music
• Computers & Technology
• Cultural & Academic Films
• Ephemeral Films
• Sports Videos
• Videogame Videos
• Youth Media

Search the history of over 866 billion web pages on the Internet.

Mobile Apps

• Wayback Machine (iOS)
• Wayback Machine (Android)

Browser Extensions

Archive-it subscription.

• Explore the Collections
• Build Collections

Save Page Now

Capture a web page as it appears now for use as a trusted citation in the future.

Please enter a valid web address

• Donate Donate icon An illustration of a heart shape

American constitutional law : introductory essays and selected cases

Bookreader item preview, share or embed this item, flag this item for.

• Graphic Violence
• Explicit Sexual Content
• Hate Speech
• Misinformation/Disinformation
• Marketing/Phishing/Advertising
• Misleading/Inaccurate/Missing Metadata

plus-circle Add Review comment Reviews

Better World Books

DOWNLOAD OPTIONS

No suitable files to display here.

IN COLLECTIONS

Uploaded by station39.cebu on December 11, 2019

SIMILAR ITEMS (based on metadata)

Wayne State University

Law school law school.

Robert A. Sedler

Robert A. Sedler is a distinguished professor at Wayne State University Law School, where he teaches courses in Constitutional Law. In April 2019, Michigan Attorney General Dana Nessel appointed Sedler a special assistant attorney general. He advises on matters related to constitutional law and civil rights law

Prior to coming to Wayne State in 1977, he was a professor of law at the University of Kentucky in Lexington. Sedler earned his A.B. degree from the University of Pittsburgh in 1956 and his law degree degree from the same university in 1959. He is a member of Phi Beta Kappa and Order of the Coif.

In 2005, he was elected to the Wayne State University Academy of Scholars, which is the highest recognition that may be bestowed upon faculty members by their colleagues. He served as president of the academy during the 2007-08 academic year.

Sedler has published extensively in both of his fields, and there have been many citations to his works by courts and academic commentators. In 1994, he published a book on American Constitutional Law for the International Encyclopedia of Laws. The book was updated and republished in 2000 and 2005. It was updated and republished in 2012, 2014, and 2017 with the title Constitutional Law in the United States. It will be updated and republished again in 2019.

Sedler has litigated a large number of civil rights and civil liberties cases in Michigan, Kentucky and elsewhere, mostly as a volunteer lawyer for the American Civil Liberties Union. Cases he has litigated in Michigan include the Dearborn Parks case, the racial discrimination in adoption and foster care case, a challenge to the suspicionless drug testing of welfare recipients. He served as a member of the Social Action Commission of the Union for Reform Judaism from 2003 to 2009 and is a member of its Amicus Brief Committee.

Sedler was named a Gershenson Distinguished Faculty Fellow at Wayne State for 1985-87 and received the Donald H. Gordon Award for Excellence in Teaching in 1988. From 2000 to 2005, he held the Gibbs Chair in Civil Rights and Civil Liberties. He also has received awards from the NAACP Kentucky Conference in 1975, ACLU of Kentucky in 1976, NAACP Metropolitan Detroit Branch in 1986, Southwestern Michigan ACLU in 1988, Metropolitan Detroit ACLU in 1994, Oakland County ACLU in 2002 (together with Rozanne Sedler) and Metropolitan Detroit Chapter of the American Jewish Committee in 2012 (together with Rozanne Sedler). In 2019, he received a Champion of Justice Award from the Michigan Association for Justice.

In 2015, he was named an honorary professor at the Ural State Law University, Yekaterinburg, Russia, where he has made a number of presentations on American Constitutional Law and comparisons with Russian constitutional law.

Sedler was the chairperson of the Michigan State Bar Constitutional Law Committee from 1981 to 1987 and of the Legal Education Committee from 1988 to 1994. In 2012, he was awarded the State Bar of Michigan John W. Reed Michigan Lawyer Legacy Award, which is presented periodically to an educator from a Michigan law school whose influence on lawyers has elevated the quality of legal practice in the state. In 2014, along with Dana Nessel, Carole Stanyar and Kenneth Mogill, he received a State Bar of Michigan Champion of Justice Award as the legal team in DeBoer v. Snyder, a successful constitutional challenge to Michigan’s ban on marriage for same-sex couples. The DeBoer case was one of four cases under the heading of Obergefell v Hodges, where the United States Supreme Court declared all bans on marriage for same-sex couples unconstitutional in 2015.

J.D., University of Pittsburgh School of Law B.A., University of Pittsburgh

Constitutional Law Conflict of Laws The Law of the First Amendment – Free Speech

Integration and Equal Educational Opportunity in the ‘Post Racial' Era, Reclaiming Integration and the Language of Race in the "Post-Racial" Era (2015).

Understanding the Establishment Clause: A Revisit, 59 Wayne Law Review 589 (2014).

The “Law of the First Amendment” Revisited, 58 Wayne Law Review 1003 (2013), Symposium in Wayne Law Review, “Special Issue in Honor of Robert A. Sedler and the Law of the First Amendment, with contributions by Professors Joel M. Gora, James Weinstein, and Kevin W. Saunders.

Separation of Church and State, Neutrality and Religious Freedom in American Constitutional Law, Oxford Forum on Public Policy online Vol. 2013, no. 2.

Self-Censorship and the First Amendment, Symposium Issue on Censorship and the Media, 25 Notre Dame Journal of Law, Ethics and Public Policy 13 (2011).

Religion, Politics and American Foreign Policy in the Middle East, Oxford Forum on Public Policy online Vol. 2011, no.3.

The Constitution and the American Federal System, 55 Wayne Law Review 1487, 2009.

The Constitution, the Courts, and the Common Law, 53 Wayne Law Review 153, 2007.

The Protection of Religious Freedom Under the American Constitution, 53 Wayne Law Review 817, 2007.

The Louisville-Jefferson County School Desegregation Case: A Lawyer’s Retrospective, 105 REGISTER OF THE KENTUCKY HISTORICAL SOCIETY 3, 2007.

The Media and National Security, in Symposium, 53 WAYNE LAW REVIEW 1025, 2007

Property and Speech, in Symposium, “The Rehnquist Court and the First Amendment,” 21 WASHINGTON UNIVERSITY JOURNAL OF LAW AND POLICY 123 (2006).                         

Introduction to the Symposium: “Lay Beyond Borders: Jurisdiction in an Era of Globalization,” 51 WAYNE LAW REVIEW 1065 (2005).

The American Federal System and the War on Terrorism, in LEGAL ISSUES IN HOMELAND SECURITY AND EMERGENCY MANAGEMENT (American Bar Association, Section of State and Local Government Law) (2005)

The Constitutional Protection of Freedom of Speech in the United States and the Russian Federation: A Comparative Analysis. Translated into Russian and published in the STATE AND LAW: IMPORTANT ISSUES OF HISTORY AND THE PRESENT DAY, Mari State University Law Faculty, vol. 3, p. 170 (2004).

Implementing Brown: A Lawyer’s View, in Symposium: 50 WAYNE LAW REVIEW 835 (2004).

The Constitution Should Protect the Right to Same Sex Marriage, 49 WAYNE LAW REVIEW 975 (2004).

Affirmative Action, Race and the Constitution: From Bakke to Grutter, 92 KENTUCKY LAW JOURNAL 219 (2003-2004).

American Federalism, State Sovereignty, and the Interest Analysis Approach to Choice of Law, in Law and Justice in a Multistate World: Essays in Honor of Arthur T. Von Mehren (Nafziger & Symeonides, eds. 2002)

The Settled Nature of American Constitutional Law, 48 WAYNE LAW REVIEW 1-180, Special Issue (2002)

Interest Analysis, "Multistate Policies,” and Considerations of Fairness in Conflicts Torts Cases, 37 WILLAMETTE LAW REVIEW  233 (2001)

The First Amendment and Land Use: An Overview; “Nude Dancing,” in Protecting Free Speech and Expression: The First Amendment and Land Use Law (Mandelker & Rubin eds., American Bar Association, Section of State and Local Government Law 2001) 

The Louisiana Codification and Tort Rules of Choice of Law, 60 LOUISIANA LAW REVIEW 1331 (2000)

Choice of Law in Conflicts Torts Cases: A Third Restatement or Rules of Choice of Law? 75 INDIANA LAW JOURNAL 615 (2000)

The Role of "Intent" in Discrimination Analysis, in Non-Discrimination Law: Comparative Perspectives (Loenen & Rodrigues, eds.1999)

Abortion, Physician-Assisted Suicide and the Constitution: The View from Without and Within, 12 NOTRE DAME JOURNAL OF LAW, ETHICS & PUBLIC POLICY 529 (1998)

Understanding the Establishment Clause: The Perspective of Constitutional Litigation, 43 WAYNE LAW REVIEW 1317 (1997)

Are Absolute Bans on Assisted Suicide Constitutional?  I Say No, 72 UNIVERSITY OF DETROIT-MERCY LAW REVIEW 725 (1995)

The Constitution and Personal Autonomy: The Lawyering Perspective, 11 THOMAS M. COOLEY LAW REVIEW 771 (1994)

Constitutional Challenges to Bans on "Assisted Suicide": The View From Without and Within, 21 HASTINGS CONSTITUTIONAL LAW QUARTERLY 777 (1994)

Constitutional Law - United States (1994), Update and Republication (2000), (2005), with Contemporary Revision of Text of United States Constitution (1995).  Published as part of the Constitutional Law Series of the International Encyclopedia of Laws.

Interest Analysis, Party Expectations, and Judicial Method in Conflicts Torts Cases: Reflections on Cooney v. Osgood Machinery,Inc., 59 BROOKLYN LAW REVIEW 1323 (1994)

Interest Analysis, State Sovereignty, and Federally-Mandated Choice of Law in "Mass Tort" Cases, 56 ALBANY LAW REVIEW 855 (1993)

Continuity, Precedent and Choice of Law: A Reflective Response to Professor Hill, 38 WAYNE LAW REVIEW 1419 (1992)

The Unconstitutionality of Campus Bans on "Racist Speech": The View from Without and Within, 53 UNIVERSITY OF PITTSBURGH LAW REVIEW 631 (1992)

Doe v. University of Michigan and Campus Bans on "Racist Speech": The View from Within, 37 WAYNE LAW REVIEW 1325 (1991)

The First Amendment in Litigation: The "Law of the First Amendment," 48 WASHINGTON AND LEE LAW REVIEW 1 (1991)

The Constitution, Racial Preference, and the Supreme Court's Institutional Ambivalence: Reflections on Metro Broadcasting, 36 WAYNE LAW REVIEW 1187 (1990)

Professor Juenger's Challenge to the Interest Analysis Approach to Choice of Law: An Appreciation and a Response, 23 UNIVERSITY OF CALIFORNIA-DAVIS LAW REVIEW 865 (1990)

The Case Against All Encompassing Federal Mass Tort Legislation: Sacrifice Without Gain (with A. Twerski), 73 MARQUETTE LAWREVIEW 76 (1989); State Choice of Law in Mass Tort Cases: A Response to "A View from the Legislature," (with A. Twerski), 73 MARQUETTE LAW REVIEW 625 (1990).

The Constitutional Protection of Freedom of Religion, Expression, and Association in Canada and the United States: A ComparativeAnalysis, 20 CASE-WESTERN JOURNAL OF INTERNATIONAL LAW 577 (1988)

The Constitution, Racial Preference, and the Equal Participation Objective, in Slavery and Its Consequences: The Constitution, Equality and Race (Goldwin & Kaufman, eds. 1988)

The Profound Impact of Milliken v. Bradley, 33 WAYNE LAW REVIEW 1693 (1987)

The Constitution and the Consequences of the Social History of Racism, 40 ARKANSAS LAW REVIEW 677 (1987)

Moffatt Hancock and the Conflict of Laws:  An American-Canadian Perspective, 37 UNIVERSITY OF TORONTO LAW JOURNAL 62 (1987)

The Sum and Substance of Conflict of Laws (with Roger C. Cramton) (3d ed. 1987)      Federal and State Power over International Trade under the United States Constitution, in The Legal Framework for Canada-United States Trade (Irish & Carasco eds. 1987)

Legal Approaches to Resolving Problems of Racial Discrimination in Education and Employment in the United States, 7 URBAN LAW AND POLICY (North-Holland) 297 (1985)

The Negative  Commerce Clause as a Restriction on State Regulation and Taxation: An Analysis in Terms of Constitutional Structure, 31 WAYNE L.REV. 885 (1985)

The State Constitutions and the Supplemental Protection of Individual Rights, 16 TOLEDO LAW REVIEW 465 (1985)

Constitutional Protection of Individual Rights in Canada:  The Impact of the New Canadian Charter of Rights and Freedoms, 59 NOTRE DAME LAW REVIEW 1194 (1984)

Choice of Law in Michigan:  Judicial Method and the Policy-Centered Conflict of Laws, 29 WAYNE LAW REVIEW 1193 (1983)

Interest Analysis and Forum Preference in the Conflict of Laws:  A Response to the "New Critics", 34 MERCER LAW REVIEW  593 (1983)

The Legitimacy Debate in Constitutional  Adjudication:  An Assessment and a Different  Perspective, 44 OHIO STATE LAW JOURNAL 93 (1983)

Constitutional Limitations on Choice of Law: The Perspective of Constitutional Generalism, 10 HOFSTRA LAW REVIEW 59 (1981); reprinted in Italian, Limiti contituzionali alla scelta della legge applicabile: prospettiva di generalismo costituzionale, Rivista di diritto internazionale privato e processuale, no.2,p.241 (1983).

The Assertion of Constitutional Jus Tertii: A Substantive Approach, 70 CALIFORNIA LAW REVIEW 308 (1982)

Response to Conflict of Laws Dialogue, 32 HASTINGS LAW JOURNAL 1628 (1981)

The Constitution and School Desegregation: The Nature of the Substantive Right, 68 KENTUCKY LAW JOURNAL 879 (1980)

Racial Preference and the Constitution: The Societal Interest in the Equal Participation Objective, 26 WAYNE LAW REVIEW 1227 (1980)

On Choice of Law and the Great Quest:  A Critique of Special Multistate Solutions to Choice-of-Law Problems, 7 HOFSTRA LAW REVIEW 807 (1979)

Beyond Bakke:  The Constitution and Redressing the Social History of Racism, 14 HARVARD CIVIL RIGHTS-CIVIL LIBERTIES LAW REVIEW 133 (1979)

Comments on Metropolitan Desegregation and the Courts, 10 URBAN LAW REVIEW 149 (1979)

Younger and Its Progeny:  A Variation on the Theme Of Equity, Comity and Federalism, 9 TOLEDO LAW REVIEW 149 (1978)

Judicial Jurisdiction and Choice of Law in Interstate Accident Cases:  The Implications of Shaffer v. Heitner, 1978 WASHINGTON UNIV. L.Q. 329

Choice of Law in Michigan - A Time to Go Modern, 24 WAYNE LAW REVIEW 829 (1978)

The Governmental Interest Approach to Choice of Law:  An Analysis and a Reformulation, 25 UCLA L. REV. 181 (1977)

Rules of Choice of Law Versus Choice of Law Rules: Judicial Method in Conflicts Torts Cases, 44 TENN. L. REV. 975 (1977)

Standing and The Burger Court: An Analysis and Some Proposals for Legislative Reform, 30 RUTGERS LAW REVIEW 863 (1977)

Racial Preference, Reality and the Constitution: Bakke v. Regents of the University of California 17 SANTA CLARA LAW REVIEW 329 (1977)

Functionally Restrictive Substantive Rules in American Conflicts Law, 50 SOUTHERN CALIFORNIA LAW REVIEW 27 (1976)

The Summary Contempt Power and the Constitution: The View from Without and Within, 51 NEW YORK UNIVERSITY LAW REVIEW 34 (1976)

Metropolitan Desegregation in the Wake of Milliken - On Losing Big Battles and Winning Small Wars:  The View Largely from Within, 1975 WASHINGTON UNIVERSITY LAW QUARTERLY 535

The Truly Disinterested Forum in the Conflict of   Laws:  Reflections on Ratliff v. Cooper Laboratories, 25 SOUTH CAROLINA LAW REVIEW 185 (1973)

Interstate Accidents and the Unprovided for Case: Reflections on Neumeier v. Kuehner, 1 HOFSTRA LAW REVIEW 125 (1973)

Judicial Method is "Alive and Well": The Kentucky Approach to Choice of Law in Interstate Automobile Accidents, 61 KENTUCKY LAW JOURNAL 378 (1973)

The Legal Dimensions of Women's Liberation: An Overview, 47 INDIANA LAW JOURNAL 419 (1972)

Standing, Justiciability and All That: A Behavioral Analysis, 25 VANDERBILT LAW REVIEW 479 (1972)

The Contracts Provisions of the Restatement of Conflict of Laws (Second): An                        Analysis and a Critique, 72 COLUMBIA LAW REVIEW 279 (1972)

Dombrowski in the Wake of Younger: The View from Without and Within, 1972 WISCONSIN LAW REVIEW 1

The Procedural Defense in Selective Service Prosecutions:  The View from Without and Within, 56 IOWA LAW REVIEW 1121 (1971)

The Territorial Imperative: Automobile Accidents and the Significance of a State Line: 9 DUQUESNE LAW REVIEW 394 (1971)

Characterization, Identification of the Problem Area and the Policy-Centered Conflict of Laws: An Exercise in Judicial Method, 2 RUTGERS-CAMDEN LAW REVIEW 8 (1970)

The Dombrowski-Type Suit as an Effective Weapon for Social Change: Reflections from Without and Within, (2 parts), 18 KANSAS LAW REVIEW 237, 629 (1970)

The Collateral Source Rule and Personal Injury Damages:  The Irrelevant Principle and the Functional Approach (2 parts), 58 KENTUCKY LAW JOURNAL 36, 161 (1969-70)

Law Reform in the Emerging Nations of Sub-Saharan Africa:  Social Change and Development of the Modern Legal System, 13 ST. LOUIS UNIVERSITY LAW REVIEW 195 (1968); reprinted in Law Reform: A Modern Perspective (1969).

Babcock v. Jackson in Kentucky: Judicial Method and the Policy-Centered Conflict of Laws, 56 KENTUCKY LAW JOURNAL 27 (1967)

The Development of Legal Systems:  The Ethiopian Experience, 53 IOWA LAW REVIEW 562 (1967)

Nationality, Domicile and the Personal Law in Ethiopia, 2 JOURNAL OF ETHIOPIAN LAW 161(1965)

Injunctive Relief and Personal Integrity, 9 ST. LOUIS UNIVERSITY LAW JOURNAL 147 (1964)

The Chilot Jurisdiction of the Emperor of Ethiopia:  A Legal Analysis in Historical and Comparative Perspective, 8 JOURNAL OF AFRICAN LAW 59 (1964)

The Realities of Attorney-Client Confidences (with J. Simeone), 24 OHIO STATE LAW JOURNAL 1 (1963)

School Segregation in the North and West: Legal Aspects, 7 ST. LOUIS UNIVERSITY LAW JOURNAL 228 (1963)

Recognition of Foreign Judgments and Decrees, 23 MISSOURI LAW REVIEW 432 (1963)

Standing to Assert Constitutional Jus Tertii in the Supreme Court, 71 YALE LAW JOURNAL 599 (1962)

Conditional, Experimental and Substitutional Relief, 12 RUTGERS LAW REVIEW 639 (1962)     The Erie Outcome Test as a Guide to Substance and Procedure in the Conflict of Laws, 37 NEW YORK UNIVERSITY LAW REVIEW 813 (1962)

Rights of Defrauded Quiz Show Contestants, 6 WAYNE LAW REVIEW 225 (1960) 

• Social Science Research Network View SSRN Profile

Constitutional Law in the United States (Kluwer Law International) 2019 fourth edition

“Derived from the renowned multi-volume International Encyclopaedia of Laws , this very useful analysis of constitutional law in the United States provides essential information on the country’s sources of constitutional law, its form of government, and its administrative structure. Lawyers who handle transnational matters will appreciate the clarifications of particular terminology and its application. Throughout the book, the treatment emphasizes the specific points at which constitutional law affects the interpretation of legal rules and procedure.”

Constitutional Law - United States (Kluwer Law International) 2005

This book is a part of the Constitutional Law Series of the International Encyclopedia of Laws. It was first published in 1994. The book seeks to explain the nature and operation of the American constitutional system to an international audience. The book contains the following chapters: The Constitution as the Only Source of Constitutional Law. Constitutional Interpretation: The Role of the Supreme Court. Constitutional Supremacy. Form of Government. The Legislative Power. The Executive Power. Separation of Powers and Conflicts Between Congress and the President. The Judiciary. Independent Non-Political Agencies. The American Federal System. State and Municipal Government. The Interaction Between Federal and State Power. The States and "National Unity." Citizenship and the Relevance of Citizenship. Fundamental Rights and Liberties. Constitutional Problems of Minorities. Judicial Control of Administrative Action. Legal Position of Aliens. War, Treaty and Foreign Affairs Powers. Taxing and Spending Powers. Emergency Laws. The Relationship Between Church and State.

Across State Lines. (American Bar Association, Section of General Practice) 1989

In our highly mobile and global society, the conflict of laws has been transformed from a fairly esoteric doctrine to a fact of everyday legal practice. In this book, the author explains how the conflict of laws is applied in a variety of situations with which lawyers must deal. It summarizes the different approaches that are followed by the courts in conflicts cases and the likely outcomes in the various fact-law patterns that present themselves in actual cases.

Constitutional Law in the United States (Kluwer Law International) 2014 second edition

“Derived from the renowned multivolume International Encyclopaedia of Laws , this very useful analysis of constitutional law in the United States provides essential information on the country’s sources of constitutional law, its form of government, and its administrative structure,” according to the publisher. “Lawyers who handle transnational matters will appreciate the clarifications of particular terminology and its application.”

• Robert Sedler contributed a chapter, "The Constitution and Racial Integration in the Public Schools: A Retrospective," in Detroit and the New Political Economy of Integration in Public Education (Ivery & Bassett eds, Palgrave Macmillan 2022). 
• Robert Sedler presented on insurrection and impeachment for the Greater Detroit Phi Beta Kappa Association.
• Robert A. Sedler participated in the Berkeley Forum, a student-run program at the University of California-Berkeley, where he discussed reparations for slavery.
• Robert A. Sedler was a guest speaker for Southeast Michigan Mensa on the subject of “The Constitution, the president and impeachment.” He discussed the constitutional basis of impeachment and that it is a political question in the constitutional sense
• Robert A. Sedler presented at The Well’s forum titled “Bake Me a Cake: Religious Freedom in America.” Sedler discussed the Free Exercise Clause and religious-based challenges to anti-discrimination laws prohibiting discrimination on the basis of sexual orientation and gender identity.
• Robert A. Sedler was honored with the Michigan Association for Justice’s Champion of Justice Award at its annual banquet on May 11.
• Robert A. Sedler participated in the University of Kentucky Libraries’ Louie B. Nunn Center for Oral History Initiates Vietnam War Era project titled, “University of Kentucky History: The Turbulent Years, 1965–1975.” During that time period, Sedler was a professor at the university and worked as a volunteer lawyer for the ACLU of Kentucky.
• Robert A. Sedler was appointed special assistant attorney general by Michigan Attorney General Dana Nessel. In his new role, Sedler, a nationally renowned expert on constitutional law and civil rights law, will advise the attorney general on related matters.
• Robert A. Sedler was a speaker at the State Bar of Michigan’s Legal Milestone #41 dedication, entitled “First to Abolish the Death Penalty” on Nov. 6. He discussed the significance of the death penalty ban being in Michigan’s constitution.
• Robert A. Sedler was a panelist at a WSU Presidential Sesquicentennial Symposium titled, “The Free Speech Century: One Hundred Years of the First Amendment,” on Oct. 25
• Robert A. Sedler participated as a judge in the Soar Mock Trial on the Second Amendment at Adat Shalom Synagogue on Oct. 19.
• Robert Sedler'sarticle on the National Institute of Family and Life Advocates v. Becerra, which was originally published in The Conversation, was mentioned in the SCOTUS Blog Round-up .

School of Law

• Law Directory
• Law Library
• UNM School of Law
• Christian G. Fritz

Christian G.  Fritz

Professor Emeritus

• B.A. 1975, Ph.D., 1986, University of California, Berkeley
• J.D. 1978, University of California, Hastings College of Law
• Member of the California Bar
•   UNM-DR

Contact Information

  [email protected]

Publications

Christian Fritz joined the UNM law faculty in 1987 to introduce legal history to first-year students, a new concept to legal education. Even today, few law schools offer such a course.

Fritz had just become the first person to complete a program at the University of California in which he earned a Ph.D. in history at Berkeley along with a law degree from Hastings College of Law. At the UNM law school, he teaches a variety of legal history courses along with Property. He contributes a deep knowledge of legal and constitutional history along with an exhaustive research style.

In addition to numerous articles, book chapters and reviews, Fritz has written books on legal history, including Federal Justice in California: The Court of Ogden Hoffman, 1851-1891. In October 2007, Cambridge University Press published his long-term study:   American Sovereigns: The People and America’s Constitutional Tradition Before the Civil War .

American Sovereigns: The People and America’s Constitutional Tradition Before the Civil War challenges traditional American constitutional history, theory, and jurisprudence that sees today’s constitutionalism as linked by an unbroken chain to the 1787 Federal constitutional convention. It examines the idea that after the American Revolution, a collectivity – the people – would rule as the sovereign. Heated political controversies within the states and at the national level over what it meant for the people to be the sovereign, and how that collective sovereign could express its will were not resolved prior to the Civil War. The idea of the people as the sovereign both unified and divided Americans in thinking about government and the basis of the Union. Today’s constitutionalism is not a natural inheritance, but the product of choices Americans made between shifting understandings about themselves as a collective sovereign.

American Constitutional History

This seminar focuses on the historical context of ideas, events, and perceptions that led up to the creation of the federal constitution. Emphasis is placed on the effort to approach the federal constitution as 18th-century Americans did -- including the framers and proponents of the constitution and their opponents--the Anti-federalists. That insight leads up to a roundtable role play of historical participants in the debate over the proposed constitution.

The course also integrates other selected themes, such as natural law in the American constitutional tradition, the experience with 19th-century state constitution-making, and the constitutional challenges and implications of the Civil War and Reconstruction. Moreover, the course has a degree of flexibility to respond to and accommodate themes or issues of constitutional history of particular interest to the seminars participants.

Students are required to write a paper on any topic of their choice and toward the end of the semester will make presentations to the rest of the seminar based on their papers.

Comparative and Historical Legal Perspectives

This course is a wide-ranging historical introduction to our Common Law legal tradition. The course also provides a comparative legal perspective on the Common Law versus Civil Law systems. In addition, the course includes topics focusing on: the role of law and lawyers, legal education, non-Western concepts of law, so-called Alternative Dispute Resolution (ADR), and changing perceptions of law in America. Thus, the course offers comparative, historical, cultural, and jurisprudential dimensions to law. It establishes a broad context not only for other first-year courses, but for the student’s entire legal education and work as a lawyer.

This first year course is an introduction to the basic concepts of property law, focusing on the role of possession in allocating the various rights and responsibilities connected with personal and real property. The course covers acquisition of initial property rights, adverse possession, donative transfers, the evolution and nomenclature of interests in estates in land and future interest, concurrent property rights, and takings.

Property II

Primarily focuses on private land-use arrangements (especially non-possessory interests in land such as easements, real covenants, and equitable servitudes). Other topics include landlord/tenant law, problems arising in the contract for sale of land, methods of title assurance (including the operation of the recording acts), and nuisance. Focus is on general theory and practice, with side-glances at New Mexico law for illustrative purposes.

State Constitutional Law & History

State constitutional law and history.

Prerequisite: Constitutional Rights

This course explores the American constitutional tradition from a perspective that will reconceptualize standard assumptions about constitutionalism. Those standard assumptions entail views about American constitutional law and history that have been shaped by a predominant focus on the federal constitution. As a consequence of that focus, the significance of state constitutionalism and its history, as well as the interplay between state and federal constitutions, has not been fully appreciated. The course uncovers a new richness in constitutional law, theory, and history by focusing on the vibrant pattern of constitution-making in the states before and after the federal effort in 1787. We will then apply that learning to a series of contemporary issues in state constitutional law, with particular emphasis on the New Mexico constitution.

Books & Book Chapters

Monitoring American Federalism: The History of State Legislative Resistance (2023). Available at: UNM-DR

Interposition: An Overlooked Tool of American Constitutionalism,  Union and States' Rights: A History and Interpretation of Interposition, Nullification, and Secession 150 Years After Sumter   (Neil Cogan ed., 2013). Available at:   UNM-DR

American Sovereigns: The People and America’s Constitutional Tradition Before the Civil War   (2008). Available at:   UNM-DR   & view   Color Map

A Constitutional Middle-Ground Between Revision and Revolution: A Reevaluation of The Nullification Crisis and The Virginia and Kentucky Resolutions Through The Lens of Popular Sovereignty ,   Law as Culture and Culture as Law: Essays in Honor of John Phillip Reid   (Hendrik Hartog & William Nelson eds., 2000). Available at:   UNM-DR

Introduction ,   The Honorable Robert F. Peckham 1920-1993: His Legal, Political, and Judicial Life   (1995). Available at:   UNM-DR

Constitutional Conventions ,  Encyclopedia of the American Legislative System: Studies of the Principal Structures, Processes, and Policies of Congress and the State Legislatures Since the Colonial Era   (Joel H. Silbey ed., 1994). Available at:   UNM-DR

Constitution Making in the Nineteenth Century American West ,  Law for the Beaver, Law for the Elephant: Essays in the Legal History of the North American West   (John McLaren, Hamar Foster & Chet Orloff, eds., 1992). Available at:   UNM-DR

Federal Justice in California: The Court of Ogden Hoffman , 1851-1891   (1991). Available at:   UNM-DR

Due Process, Treaty Rights, and Chinese Exclusion, 1882-1891 ,   Entry Denied: Exclusion and the Chinese Community in America, 1882-1943   (Sucheng Chan ed., 1991). Available at:   UNM-DR

A Judicial Odyssey: Federal Court in Santa Clara, San Benito, Santa Cruz, and Monterey Counties   (1985) (co-edited with Michael Griffith & Janet M. Hunter). Available at:   Your Library

Interposition: A State-Based Constitutional Tool That Might Help Preserve American Democracy , Commonplace: the journal of early American life (June 2023).

Available at: UNM-DR

Monitoring American Federalism: The Overlooked Tool of Sounding the Alarm Interposition , 50 Shades of Federalism (May 2023).

The Perils and Promise of Teaching Margaret Montoya's Máscaras Article in the First Year Law School Curriculum,  HARVARD J. L. & GENDER 1 (2013). Available at:   UNM-DR

Teaching Legal History in the First Year Curriculum , 53 AM. J. OF LEGAL HIST. 379 (2013). Available at:   UNM-DR

Interposition and the Heresy of Nullification: James Madison and the Exercise of Sovereign Constitutional Powers , 41 FIRST PRINCIPLES: FOUNDATIONAL CONCEPTS TO GUIDE POLITICS AND POLICY 1 (February 21, 2012). Available at:   UNM-DR

Out From Under the Shadow of the Federal Constitution: An Overlooked American Constitutionalism , 41 RUTGERS L.J. 851 (2010). Available at:   UNM-DR

America's Unknown Constitutional World,   9.1 COMMON-PLACE (October 2008). Available at:   UNM-DR

Recovering the Lost Worlds of America’s Written Constitutions , 68 ALB. L. REV. 261 (2005). Available at:   UNM-DR

Fallacies of American Constitutionalism , 35 RUTGERS L.J. 1327 (2004). Available at:   UNM-DR

American Constitution-Making: The Neglected State Constitutional Sources , 27 HASTINGS CONST. L.Q. 199 (2000). Available at:   UNM-DR

A Nineteenth Century Habeas Corpus Mill: The Chinese Before the Federal Courts in California , 32 AM. J. LEGAL HIST. 347 (1988). Available at:   UNM-DR

Alternative Visions of American Constitutionalism: Popular Sovereignty and the Early American Constitutional Debate , 24 HASTINGS CONST. L.Q. 287 (1997). Available at:   UNM-DR

The American Constitutional Tradition Revisited: Preliminary Observations On State Constitution-Making In The Nineteenth-Century West , 25 RUTGERS L. J. 945 (1994). Available at:   UNM-DR

Popular Sovereignty, Vigilantism and the Constitutional Right of Revolution , 63 PAC. HIST. REV. 39 (1994). Available at:   UNM-DR

The Judicial Business of a Nineteenth Century Trial Court: The Northern District of California, 1851-1891 , 5 W. LEGAL HIST. 217 (1992). Available at:   UNM-DR

Legislature Tampers with Recording Act, 20 N.M. L. REV. 235 (1990). Available at:   NMLR

More than 'Shreds and Patches': California's First Bill of Rights , 17 HASTINGS CONST. L.Q. 13 (1989). Available at:   UNM-DR

Judge Ogden Hoffman and the Northern District Court of California , 1 W. LEGAL HIST. 99 (1988). Available at:   UNM-DR

Politics and the Courts: The Struggle Over Land in San Francisco, 1846-1866 , 26 SANTA CLARA L. REV. 127 (1986). Available at:   UNM-DR

Judicial Style in California's Federal Admiralty Court: Ogden Hoffman and the First Ten Years, 1851-1861 , 64 S. CAL. Q. 125 (1982). Available at:   UNM-DR

An Entrenched Bill of Rights for the United Kingdom: The Constitutional Dilemma , 10 ANGLO-AM. L. REV. 105 (1981). Available at:   UNM-DR

Balkinization Symposium on Christian G. Fritz, Monitoring American Federalism: The History of State Legislative Resistance, June 14-26, 2023.

Book Reviews

Land Grants and Lawsuits in Northern New Mexico by Malcolm Ebrights (1994) , 93 WESTERN LEGAL HISTORY (1998). Available at:   UNM-DR

Rethinking the American Constitutional Tradition: National Dimensions in the Formulation of State Constitutions , 103 CAL. SUP. CT. HISTORICAL SOC'Y YEARBOOK 1 (1995). Available at:   UNM-DR

Brief for American Association on Mental Retardation et al. as Amicus Curiae,   Stripling v. Head,   No. 03-1392 (Oct. 14, 2003) (certiorari granted) (co-counsel with Carol M. Suzuki, Norman Bay & Christian G. Fritz). Available at:   UNM-DR

Brief for American Association on Mental Retardation et al. as Amicus Curiae,   Tennard v. Dretke , No. 02-10038 (Oct. 14, 2003) (consolidated for oral arguments with   Smith v. Dretke , No. 02-11309) (certiorari granted) (co-counsel with Norman C. Bay, Michael B. Browde, Christian G. Fritz, April Land & Robert L. Schwartz). Available at:   UNM-DR

Brief for The American Association on Mental Retardation et al. as Amici Curiae,   Ernest Paul McCarver v. State of North Carolina ; The Supreme Court of North Carolina (2001) (No. 00-8727) (co-counsel with James Ellis, Michael B. Browde & Christian Fritz). Available at:   UNM-DR

A Nineteenth Century Habeas Corpus Mill: The Chinese Before the Federal Courts in California , 32 AM. J. LEGAL HIST. 347 (1988).

Reprinted: Asian Americans and the Law: Historical and Contemporary Perspectives (Charles McClain ed., 1998).

Popular Sovereignty, Vigilantism and the Constitutional Right of Revolution , 63 PAC. HIST. REV. 39 (1994).

Reprinted: The American West (Gordon Morris Bakken & Brenda Farrington eds., 2000).

Rethinking the American Constitutional Tradition: National Dimensions in the Formulation of State Constitutions , 103 CAL. SUP. CT. HISTORICAL SOC'Y YEARBOOK 1 (1995).

Reprinted: 26 RUTGERS L. J. 969 (1995).

Law School News

Professor Chris Fritz on the "Hot Seat" at Georgetown December 16, 2014

Professor Fritz Speaks at Teaching of History Conference September 24, 2012

Professor Chris Fritz Looks at Constitutional Issues in New Essays February 27, 2012

Professor Chris Fritz Elected to National Legal History Board November 28, 2011

Professor Chris Fritz Proposes New Approach to Constitutionalism February 10, 2010

Professor Chris Fritz Book Receives National Recognition January 1, 2009

Chris Fritz Explores Constitutionalism in New Book November 8, 2007

Physical Address

UNM School of Law 1117 Stanford NE Albuquerque, NM 87131-0001

Mailing Address

UNM School of Law MSC11 6070 1 University of New Mexico Albuquerque, NM 87131-0001

• Phone: 505-277- 2146
• [email protected]

© The University of New Mexico Albuquerque, NM 87131, (505) 277-0111 New Mexico's Flagship University

• UNM on Facebook
• UNM on Instagram
• UNM on Twitter
• UNM on YouTube

more at social.unm.edu

• Accessibility
• Contact UNM
• Consumer Information
• New Mexico Higher Education Dashboard

• Constitutional Law

Enjoy fast, free delivery, exclusive deals, and award-winning movies & TV shows with Prime Try Prime and start saving today with fast, free delivery

Amazon Prime includes:

Fast, FREE Delivery is available to Prime members. To join, select "Try Amazon Prime and start saving today with Fast, FREE Delivery" below the Add to Cart button.

• Cardmembers earn 5% Back at Amazon.com with a Prime Credit Card.
• Unlimited Free Two-Day Delivery
• Streaming of thousands of movies and TV shows with limited ads on Prime Video.
• A Kindle book to borrow for free each month - with no due dates
• Listen to over 2 million songs and hundreds of playlists
• Unlimited photo storage with anywhere access

Important:  Your credit card will NOT be charged when you start your free trial or if you cancel during the trial period. If you're happy with Amazon Prime, do nothing. At the end of the free trial, your membership will automatically upgrade to a monthly membership.

Buy new: $270.00

Return this item for free.

Free returns are available for the shipping address you chose. You can return the item for any reason in new and unused condition: no shipping charges

• Go to your orders and start the return
• Select the return method

Download the free Kindle app and start reading Kindle books instantly on your smartphone, tablet, or computer - no Kindle device required .

Read instantly on your browser with Kindle for Web.

Using your mobile phone camera - scan the code below and download the Kindle app.

Image Unavailable

• To view this video download Flash Player

Follow the author

American Constitutional Law: Introductory Essays and Selected Cases 18th Edition

There is a newer edition of this item:.

Purchase options and add-ons

This book is a collection of comprehensive background essays coupled with carefully edited Supreme Court case excerpts designed to explore constitutional law and the role of the Supreme Court in its development and interpretation. Well-grounded in both theory and politics, the book endeavors to heighten students’ understanding of this critical part of the American political system.

New to the 18th Edition

• An account of the Trump impeachments and a full discussion of the recent Supreme Court transitions including recent Supreme Court transitions including the fraught Kavanaugh hearings, the death of Ruth Bader Ginsberg, and the nomination process surrounding Amy Coney Barrett.
• Fourteen new cases carefully edited and excerpted, including Chifalo v. Washington (2020) on the Electoral College, Masterpiece Cakeshop (2018) on gay rights, and three Trump cases as well.
• Thirty-one new cases discussed in chapter essays in addition.
• ISBN-10 0367758660
• ISBN-13 978-0367758660
• Edition 18th
• Publisher Routledge
• Publication date September 29, 2021
• Language English
• Dimensions 7.75 x 2.25 x 9.25 inches
• Print length 854 pages
• See all details

Customers who viewed this item also viewed

Editorial Reviews

Praise for American Constitutional Law: Introductory Essays and Selected Cases, 18th Edition

"In its 18th edition, Mason and Stephenson’s American Constitutional Law does not disappoint. It continues the authors’ tradition of publishing a well-edited, lucidly written, accessible text for undergraduate audiences that is ideal for a single-semester course. The case selection is complete and up-to-date and the authors’ introductory essays are crisp and comprehensive. I’ve used Mason and Stephenson throughout my teaching career and I look forward to using the new edition."

-- Mark Rush , Washington and Lee University

"Mason and Stephenson’s American Constitutional Law remains the leader among single-volume undergraduate constitutional law casebooks. The new edition has been updated to cover cases through the most recent Supreme Court term; examine the changes in the Court’s composition and the less-than-statesmanlike confirmation battles that preceded those changes; consider the early jurisprudential results of Donald Trump’s three appointees―Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett; and explore the effects of a global pandemic, a presidential impeachment, and an incredibly contentious 2020 presidential election on the work of the Court. The cases are masterfully edited, and meticulously written introductory essays place them in their proper context. The engaging part of a course on constitutional law comes from the professor, not the textbook. But Mason and Stephenson certainly make the job easier."

--Richard A. Glenn , Millersville University

Praise for Previous Editions

"Mason and Stephenson’s American Constitutional Law continues to be the gold standard. The book introduction immediately intrigues the reader and offers a rich historical background. The cases are thoughtfully selected, introduced with clear and engaging explanations."

--Robert J. Bresler, Pennsylvania State University

"In American Constitutional Law , Mason and Stephenson provide an illuminating look into the institutional tensions inherent in the constitution. This single-volume introduction to Constitutional Law covers both the structure of government as well as the people's rights and liberties. By integrating the latest in Supreme Court politics and electoral politics, this text provides students with the latest perspectives on constitutional developments."

Kati Mohammad-Zadeh, University of Minnesota

Mark Rush , Washington and Lee University

Richard A. Glenn , Millersville University

Robert J. Bresler, Pennsylvania State University

About the Author

Alpheus Thomas Mason (late) was McCormick Professor of Jurisprudence Emeritus at Princeton University.

Donald Grier Stephenson, Jr. is Charles A. Dana Professor of Government, Emeritus, at Franklin and Marshall College where he taught from 1970 until 2017. Reared on a farm near Covington, Georgia, he is a graduate of Davidson College (1964), and received the M.A. and Ph.D. degrees from Princeton University in 1966 and 1967, respectively. Between 1968 and 1970 he was in the United States Army, completing his service at the rank of captain. He is author of Campaigns and the Court: The U.S. Supreme Court in Presidential Elections (1999), The Waite Court (2003), and The Right to Vote (2004), and is coauthor of American Constitutional Law (17th ed. 2018), and Introduction to American Government (9th ed., 2017). He writes "The Judicial Bookshelf" for The Journal of Supreme Court History.

Product details

• Publisher ‏ : ‎ Routledge; 18th edition (September 29, 2021)
• Language ‏ : ‎ English
• Hardcover ‏ : ‎ 854 pages
• ISBN-10 ‏ : ‎ 0367758660
• ISBN-13 ‏ : ‎ 978-0367758660
• Item Weight ‏ : ‎ 3.53 pounds
• Dimensions ‏ : ‎ 7.75 x 2.25 x 9.25 inches
• #7,880 in General Constitutional Law
• #49,362 in Core
• #261,106 in Politics & Government (Books)

About the author

Alpheus thomas mason.

Discover more of the author’s books, see similar authors, read author blogs and more

Customer reviews

Customer Reviews, including Product Star Ratings help customers to learn more about the product and decide whether it is the right product for them.

To calculate the overall star rating and percentage breakdown by star, we don’t use a simple average. Instead, our system considers things like how recent a review is and if the reviewer bought the item on Amazon. It also analyzed reviews to verify trustworthiness.

• Sort reviews by Top reviews Most recent Top reviews

Top review from the United States

There was a problem filtering reviews right now. please try again later..

• Amazon Newsletter
• About Amazon
• Accessibility
• Sustainability
• Press Center
• Investor Relations
• Amazon Devices
• Amazon Science
• Start Selling with Amazon
• Sell apps on Amazon
• Supply to Amazon
• Protect & Build Your Brand
• Become an Affiliate
• Become a Delivery Driver
• Start a Package Delivery Business
• Advertise Your Products
• Self-Publish with Us
• Host an Amazon Hub
• › See More Ways to Make Money
• Amazon Visa
• Amazon Store Card
• Amazon Secured Card
• Amazon Business Card
• Shop with Points
• Credit Card Marketplace
• Reload Your Balance
• Amazon Currency Converter
• Your Account
• Your Orders
• Shipping Rates & Policies
• Amazon Prime
• Returns & Replacements
• Manage Your Content and Devices
• Recalls and Product Safety Alerts
• Conditions of Use
• Privacy Notice
• Your Ads Privacy Choices

Kevin Lyles

Classes with Professor Lyles

Home » lyles » Syllabus: Constitutional Law 358, Black American Legal History

Recent Posts

• Protected: Poll: next Tuesday?
• Protected: Trump v Anderson 2024
• Protected: LePage v. Center for Reproductive Medicine (IVF), 2024
• Figure 4.1 The Duluth Lynchings
• Protected: Since Dobbs

Recent Comments

• Patryk Szczepaniak on Protected: UAW v. Johnson Controls, Inc. 1991 
• Patryk Szczepaniak on Protected: The Family and Medical Leave Act of 1993
• Patryk Szczepaniak on Protected: The Pregnancy Discrimination Act 
• Patryk Szczepaniak on Protected: Nashville Gas Company v. Satty 1977
• Patryk Szczepaniak on Protected: General Electric Company v. Martha Gilbert 1976 
• February 2024
• January 2024
• December 2023
• November 2023
• October 2023
• September 2023
• February 2023
• January 2023
• December 2022
• November 2022
• October 2022
• February 2022
• January 2022
• December 2021
• November 2021
• October 2021
• September 2021
• August 2021
• November 2020
• December 2014
• November 2014
• October 2014
• February 2014
• November 2013
• August 2013
• December 2012
• November 2012
• Uncategorized
• Entries feed
• Comments feed
• WordPress.org
• Comment Test

Syllabus: Constitutional Law 358, Black American Legal History

11:00 – 12:15, T, TH Student Drop-In Hours:by appointment only Office: 1147 BSB [email protected] TA : Troy Gaston, [email protected]

Course Information and Catalog Description: Political Science 358 Constitutional Law: African-American Legal History. 3 hours. Multidisciplinary survey of the African-American constitutional experience from the 1600s to the present, focusing on landmark decisions of the United States Supreme Court. Same as BLST 358 .

BRIEF COURSE DESCRIPTION Nineteenth century Russian novelist Fyodor Dostoyevsky wrote, “the degree of civilization in a society can be observed by entering its prisons.” So too, is the relationship between the African-American political-legal experience, and the realities of freedom, equality, civil liberties, and democracy in the United States. A critical analysis of the African-American political-legal experience provides a straight line of inquiry, a unique frame of reference, and a revealing lens through which to examine the interaction of law and politics. In short, this unique African-American legal experience has shaped, and continues to shape, the “degree of civilization” in the United States. At the same time, as others have stated previously, “no issue has dominated American constitutional law as much the question of race.” “To put it in historical context, the first slaves were brought to his country in 1619, the Emancipation Proclamation was signed in 1863, the Civil War ended in 1865, the Civil Rights Act and the Voting Rights Act were 1964 and 1965. And so there have only been 50 years in which black people have even had a semblance of legal and legislative freedom in this country. And for seven times longer than that — for 350 years prior — it was fundamentally legal to discriminate against, to dehumanize and to delegitimize the rights of black people in this country. And I don’t think we put it in that arc of time often enough.”  (Clint Smith, 11/28/2016)

The African-American political-legal experience tells us who we are as a nation, and illuminates the limits and capacities of our political institutions and processes; this is especially true of the policy-making role and function of the United States Supreme Court. Under such circumstances, this course has two principal goals. On the one hand, the African-American experience vividly demonstrates the inextricable interactions of law and politics in the United States’ governing system. At the same time, this experience also reveals and explores the continuing quest of African-Americans to define and achieve full citizenship in the United States. In fact, appreciation and analysis of this quest is requisite to understanding American “citizenship” generally in the United States.

The intersection and interdependence of these goals cannot be understated. Cogent analysis of the African-American quest for citizenship, freedom, and equality under the law is required for all of us to understand who we are as a country. In a legally oriented nation, our ethnicity, our gender, our status with regard to wealth and education, acknowledgement of our disabilities, our sexual orientation, etc., is conditioned and defined in part by the African-American experience. Full participation for all in American politics and society has been, and continues to be, defined in large measure by the successes and failures of the African-American experience.

This class provides a survey analysis of African-American political-legal history through the lens of significant legal doctrines and court decisions starting in the late 1600s to the present day. History shows these are pivotal decisions that have forged new tests and doctrines that reflect or portend major shifts and changes in law as it relates to the African-American quest for freedom, equality, and full citizenship. Significant decisions are defined as not only those cases that suggest new doctrines, major shifts, or new directions in the law; but, additionally these are cases that contribute to a deeper understanding of the enduring hardship of the African-American quest for freedom and equality in both a historic and systemic perspective. The richness and broad range of cases includes, for example, landmark decisions involving slavery, Jim Crow segregation, access to housing and public accommodations, interracial marriage and miscegenation, school segregation, voting rights, assembly and speech, interstate and intrastate travel, protest politics, the death penalty and other rights of persons accused of crimes, affirmative action, etc.

The central thrust of such cases, however, cannot be fully grasped unless viewed in broader political-social context, and that is one of the major objectives of this class. A political-social context influences, and is in turn influenced by, actions and policies that emanate from a myriad of interests, including elective political institutions (e.g., the president, Congress, governors, mayors, etc.), and from non-elective entities, including administrative agencies, federal and state courts, public opinion, and interest groups.

Though many leading constitutional law casebooks (e.g., Barker and Lyles, Civil Liberties and the Constitution , 9th edition) utilize a categorical or doctrinal approach, this class (PolS 358) is organized chronologically. A chronological approach enhances the use of political-social context analysis and allows the student to see more clearly the patterns and rate of change, the enduring permanence, the ironies, the dualities, the contradictions and continuities in the laws that have shaped—and have been shaped by—the African-American enduring quest for freedom and equality over several centuries. Finally, the fallacy of “white supremacy” is endemic to law, and therefore, to legal education.

COURSE FORMAT The class will be conducted in a formal seminar format utilizing the Socratic Method and team-based learning. This format lends itself to continuous active engagement and dialogue between the professor and students and among students themselves. Accordingly, students are required to attend and participate in class. For every required Supreme Court decision students should be prepared to summarize the competing arguments presented to the Court and to explain the Court’s rationales (reasoning, legal doctrines, use of precedent, etc.) for deciding the case. Meaningful participation, however, requires that students must come to class prepared. Should this occur the class can prove interesting, challenging, and exciting. A word of caution: it is important that students prepare for each class since material is cumulative and the workload increases dramatically as the semester proceeds. Attendance in class and participation in discussion seminars is both mandatory and essential. I will randomly take attendance. Your attendance grade will be calculated based on the percentage of days you are present when attendance is taken. For example, if attendance is taken 10 times and you are present 8 of the ten times, then your attendance is 80%. Lastly, students are REQUIRED to “brief” every required case and bring their written briefs to class. Course Objectives  By the end of the semester, students should be able to: 

• Explain many of the complex relationships between law and public policy.
• Utilize landmark decisions of the United States Supreme Court as vehicles to survey and explain developments in African American History, 1600-present day.
• Apply the interaction of law and politics in discussing the boundaries and constraints of race, gender, violence, power, class, and political participation in defining citizenship in the United States.
• Relate the legal process and judicial policy-making to the larger American political process and the Black experience in the United States.

My Teaching Philosophy Learning to teach at the highest levels of the academy is a never ending process. It has been argued that the vast majority of professors lack basic communication skills and we often use the classroom to enact rituals of control that are rooted in domination and the unjust exercise of power (bell hooks. Teaching to Transgress, p. 5). I have spent much of my career trying to avoid this trap. I want my classroom to be an exciting place where students feel safe to express themselves, for it is only then that we can achieve higher learning. It is my goal to acknowledge everyone’s presence and I value everyone’s presence.

I am also acutely aware of the various and unique sensitivities that play out in classes that explore issues of race and gender. We are a diverse group (race, religion, ethnicity, gender, sexual orientation, identity, etc.) and each of us has something to contribute to our community of learning. I want you to be engaged and active participants. To that end, the wiki also serves as a voice for student expression and the free exchange of ideas—a safe environment sans the fear of expressing ourselves in class.

I find that many students would prefer “more lectures” and “less discussion” in my classes. I try to transgress traditional boundaries and to avoid “assembly-line” approaches to learning. I want to engage students and I take some non-traditional risks when I teach. As a research trained academic, I am always looking for answers. We learn from each other. For example, part of my teaching style is to bring narratives of my limited personal experiences into the classroom—not only to personalize the material but to also show how our individual experiences (both yours and mine) can illuminate and enhance our understanding and deconstruction of academic material. Admittedly, I do most of the talking, but I want us to hear each other, to listen to each other, and to recognize that the work of learning and processing this material is different for each of us.

Most research concludes there are two approaches to teaching constitutional law: (1) lectures and (2) the Socratic Method. Traditional lectures are a popular and primary method of classroom instruction used in college today. I find that the lecture method, if done well, is an efficient system for delivering information to students. However, the lecture method of instruction has been widely criticized, “primarily on the grounds that it places students in a passive learning environment. It may also be less effective in developing analytic skills. The lecture method is weakest in helping students to develop their speaking abilities or critical thinking skills.” But, lecturing is also the easiest way for professors to teach, it requires the least amount of knowledge, effort, risk; requires limited skill; and is extremely safe. It works well for me when I teach introductory classes like PolS 101.

An alternative to the lecture method is the Socratic Method. This is a form of instruction that is popular—and probably predominant—in law school classes, and this method is also used in undergraduate classes, especially law courses. “Professors use the Socratic Method in a wide variety of ways, varying from posing a series of friendly questions to an intense grilling of students with difficult questions and abstract queries.” Debate exists in the political science literature over the benefits and disadvantages of the Socratic Method. “The Socratic Method forces students to think on their feet and to articulate their ideas orally. However, the Socratic Method may not be as efficient in transmitting basic knowledge as does the lecture method.” In my classes and seminars, I try to utilize a modified Socratic Method in a low-threat/discussion manner that does not penalize or humble students for poor responses.

However, even my low-threat Socratic Method can be frustrating if students have not read the assigned material, are not prepared for class, or do not attend class. It is frustrating (1) for me; (2) for the students who are prepared for class and want to engage; and, (3) for students who are not prepared but who plan on taking detailed class notes to help them prepare for exams. To avoid this frustration, students must come to class prepared! Welcome to my class and I look forward to an exciting learning experience.

Additional Course Rules All students must utilize the UIC Blackboard Learning system and WordPress (Lyles)

Students should be familiar with UIC’s policies regarding academic integrity. These guidelines can be found at the following URL: www.uic.edu/depts/sja/integrit.htm

The tape recording of any part of my class (or the use of any other electronic recording device) is strictly prohibited.

Students with disabilities who require accommodations for access and participation in this course must be registered with the Office of Disability Services (ODS). Please contact ODS at 312/413-2103 (voice) or 312/413-0123 (TTY). If you have a documented disability and wish to discuss academic accommodations, please contact me immediately.

A. Readings/Case Law. Readings under the various topic areas are only suggestive of the vast and growing literature and case law available. All assigned cases must be read prior to the class session for which they are assigned. Be prepared to review and discuss all assigned cases and readings in class.

Required Materials: 1. Kevin Lyles, Law and Politics in Black America , chapters 1-7 2. UIC Blackboard: ( https://Blackboard.uic.edu/ ) (required) 3. Film: “Amistad” 1997 directed by Steven Spielberg 4. Film: “12 Years a Slave,” 2013, directed by Steve McQueen 5. Nexis Uni (required). From time to time you will be required to locate cases on your own online, available online via the UIC library 6. WordPress .  https://kevinlyles.digital.uic.edu/ Optional Texts: DO NOT BUY THE OPTIONAL TEXTS 1. Critical Race Theory: The Key Writings That Formed the Movement   2. Barker/Lyles. Civil Liberties and the Constitution: Cases and Commentaries (9th edition) . 3. Baum. The Supreme Court , any edition, preferably 7th-10th

Book Review Essay Options (select one): Keeanga-Yamahtta.  Race for Profit Paul Finkelman. Supreme Injustice: Slavery in the Nation’s Highest Court. Erica Armstrong Dunbar’s Never Caught: The Washingtons’ Relentless Pursuit of Their Runaway Slave, Ona Judge Michelle Alexander. The New Jim Crow Paul Butler. Let’s Get Free: A Hip-Hop Theory of Justice Peter Irons. Jim Crow’s Children Fiscus. The Constitutional Logic of Affirmative Action Kozol. Savage Inequalities James W. Loewen: Sundown Towns Lyles. The Gatekeepers Jack Peltason. Fifty-Eight Lonely Men Harriet Jacobs. The Life of a Slave Girl Sowande’ M. Mustakeem. Slavery at SeaStephanie E. Jones-Rogers.  They Were Her Property: White Women as Slave Owners in the American South Manisha Sinha. The Slave’s Cause John Hope Franklin and Loren Schweninger.  Runaway Slaves : Rebels on the Plantation Dailey, Gilmore and Simon, editors.  Jumpin’ Jim Crow Thomas A. Foster. Rethinking Rufus: Sexual Violations of Enslaved Men B. Assignments. In addition to written examinations at the mid-term and final grading periods and wiki posts, students may choose to prepare a written book review for extra credit. Additionally, throughout the semester there may be several short out-of-class research assignments, required case briefs (turned in), and frequent review quizzes (both in-class and take-home). These will be discussed later. 

C. Computation of Course Grade

**Attendance Policy If you fail to attend class more than EIGHT times, your course grade will be lowered by one letter grade. If you fail to attend class more than TEN times, your course grade will be an F. There will be no exceptions.

SEMINAR SCHEDULE Readings under the various topic areas are only suggestive of the vast and growing literature and case law available. These are the readings that I selected for my class.  All assigned readings (and cases) must be read prior to the class session for which they are assigned. Be prepared to review and discuss all assigned cases and readings in class. 

THREE WARNINGS:

• Everything on the syllabus (unless it is marked optional), is required .  But, not all required materials listed on the syllabus will be discussed in class.  However, all required material—whether discussed in class or not—is appropriate for examinations. In other words, although we may not cover all required materials in class, it may still be on the test!
• What does [optional] mean in this class?  Readings preceded or followed by [optional] are highly recommended but you are not required to read them before class. You are however responsible for the material to the extent I opt to discuss it in class. If I discuss it in class, its fair game for the test.
• Additional REQUIRED material can be added to the syllabus at any time.  Like the Constitution, the syllabus can be amended.

WEEK 1 1/9 POST a comment here BEFORE the first day of 358 Post your preferred names and pronouns here before the first day of class Read the syllabus for PolS 358. Be sure to review all the course requirements. Review the course requirements again, and then again. Constitutional Law with Lyles Extra Credit Guidelines What is a Case Syllabus and/or Headnotes? 

1/11 358 Ice Breaker prompt .  ALL students are required to comment on this prompt BEFORE coming to class today [ skim/optional ] Lyles, Barker, et. al. Civil Liberties and the Constitution: Cases and Commentaries (9th edition) CHAPTER 1. Civil Liberties and the Constitution , pp. 1-16. A Framework for Analysis, pp. 1-2; Law and Courts in Political-Social Context, pp. 3-5; Congress, the President, and Administrative Officials, pp. 5-8; Interest Groups and the Dynamics of Civil Liberties, pp. 8-9; More on the Court: Inside the Marble Palace, pp. 9-13; The Rules of the Game and American Political Values, pp. 13-16. [ skim/optional ] Lyles, Barker, et. al. Civil Liberties and the Constitution: Cases and Commentaries (9th edition) CHAPTER 2.  CIVIL LIBERTIES IN THE CONTEXT OF FEDERALISM, pp. 17-19 Civil Liberties in the Context of Federalism 17-19; The Supreme Court, the Bill of Rights, and the Fourteenth Amendment, pp. 19-23; State Constitutions, pp. 23-26; State Judicial Selection, pp. 26-27; Conclusion, p. 27.

Lecture 1.  Introduction to Courts and Law.  Start reading Lyles,  Law and Politics in Black America, chapters 1- 7

WEEK 2 1/16 Continue reading Lyles,  Law and Politics in Black America, chapters 1-7 Lecture 2: The Federal Courts: Nature and Structure of the Legal and Political System. Lecture 3: Courts as Policy-making Institutions. Martin Shapiro v. Robert Dahl Supreme Court Criticism (2023) [ optional ] Dahl, Robert. “Decision-making in a Democracy: The Supreme Court as a National Policy-Maker,” J ournal of Public Law, vol. 6. (1957). [ optional ] Casper, Jonathon D. “The Supreme Court and National Policy Making,” American Political Science Review 70 (1970): pp. 50-63. [ optional ] Barker, Lucius. “Third Parties in Litigation: A Systemic View of the Judicial Function,” Journal of Politics 29 (1967): pp. 41-69. [ optional ] Funston, Richard. “The Supreme Court and Critical Elections,” American Political Science Review 69 (1975): pp. 795-811. [ optional ] Baum, ch. 4-6 [ optional ] Lyles,  The Gatekeepers: Federal District Courts in the Political Process , ch. 1, pp. 1-9. EXTRA CREDIT :  Kevin Lyles, The Gatekeepers: Federal District Court in the Political Process, chapter 3, Judicial Selection

1/18 Lyles, The Bork Confirmation Battle: A Case Study on Judicial Selection, Lyles, (1994) [optional] [ optional ]  Amicus Curiae (skim) Assignment:   The Danger of the Single Story All students are required to comment before class today, including former students not attending class today.1-21 Footnote 4 Stone Skim: “ A Brief Overview of the Supreme Court ”  [ optional ] The Constitution of the United States of America [pp. 807-817] [ optional ] *Alexander Hamilton, et. al. The Federalist Papers, No. 78-81 [ optional ] “Understanding the Federal Courts How and Why to Brief a Case Watch and comment on The Supreme Court Visitor’s Film (C-Span, narrated by A.E. Dick Howard) before class today: Visitor’s Film [everyone must post a comment before class TODAY]

WEEK 3 1/23 Continue reading Lyles, Law and Politics in Black America , chapters 1-7 Marbury v. Madison [everyone should write their first brief AND post something on this page before class today Skim: “ A Brief Overview of the Supreme Court ” 

1/25 Continue reading Lyles, Law and Politics in Black America , chapters 1 -7 Last day of introductory lectures [ optional Extra Credit] . The Story of Marbury v Madison, by Michael W. McConnell Watch The Supreme Court Visitor’s Film (C-Span, narrated by A.E. Dick Howard) click here:  Supreme Court Visitor’s Film [ everyone must post a comment TODAY ]

WEEK 4 1/30 Lyles: Chapter 1, Law and Politics in Black America. African Enslavement: An Overview  The Trans-Saharan and East African Slave Trades  The Trans-Atlantic Slave Trade  Enslaved Africans and Free Blacks in Colonial America Why Virginia and South Carolina? Colonial Virginia: a case study, 1619-1788 Anthony Johnson: From Captive African to Right-wing Talking Point [optional] In Re Tuchinge 1624  Re Davis 1630

Re Sweat 1640 Re Negro John Punch 1640  Re Emanuel 1640   An Act Declaring that Baptisme of Slaves Sexual Exploitation, Sexual Violence, and the Law  Sexual Violence and Enslaved Men Extra Credit: Winthorp Jordan, White Over Black: American Attitudes Toward the Negro 1550-1812 , chapter 2, “Fruits of Passion” In Re Warwick 1696 1691. Act XVI John Locke and RAC Act VIII (VA 1669) Act XVI  Multi-week Assignment  1 . Before February 18, read  The Trouble Teaching Rape/Slave Law  and post a comment. 2. Before February 18, watch the film 12 Years a Slave and post a thoughtful comment.

1712 slave code 1740 slave code Continental Congress  Declaration of Independence, or, “I’ll take six” Jefferson’s Notes on VA Higginbotham and Jacobs  Revolutionary War and the Book of Negroes Alexis de Tocqueville “Prime Healthy Negroes” 1760-1784 The Articles of Confederation 1871 The  Somerset Case 1772 The Pennsylvania Gradual Abolition Act, 1780    [as discussed in class] Commonwealth of Massachusetts v. Nathaniel Jennison (1783) Slavery and the United States Constitution Article I, Section 2, par. 3   Article I, Section 2, par. 3 Article I, Section 9, par. 1   Article IV, Section 2, par. 3 Article V  Federalist 42 [optional] Judicial Cases Concerning Slavery [optional] The Electoral College and the Three-Fifths Compromise 

2/1 Lyles: Chapter 2 Law and Politics in Black America , chapters 1-6 Selected topics include: PART I.  The New Supreme Court: An Overview * Jurisdiction The Origin and Evolution of Judicial Selection Theories on Supreme Court Policymaking Judicial Behavior Rule 10. Considerations Governing Review on Certiorari

PART II.  African-Americans and the New Supreme Court: Constitutionalizing White Supremacy Founding Fathers The Middle Passage 1790.  The Naturalization Act of 1790 Bank of America 1791 [optional] Militia Act 1792  1793 Fugitive Slave Act  Federalist 78 [optional] Sidebar: Chief Justice John Marshall and His Enslaved Review: Marbury v. Madison 1803  Judicial Review before Marbury v Madison

WEEK 5 2-6 1807 Slave Trade Act <Figure 2.2> The Domestic Slave Trade: Breeding Farms [optional] Joel Kovel, The Fantasies of Race [optional] Winthrop Jordan  White Over Black: American Attitudes toward the Negro, 1550–1812   (New York: W. W. Norton, 1968) pp. 4-11, 24. War of 1812 1819  McCulloch v. Maryland Missouri Compromise 1820 The Antelope 1825 Sidebar. Harriet A. Jacobs, Incidents in the Life of a Slave Girl Written by Herself State v. Mann (1829) Nat Turner 1831 [optional]   EXTRA CREDIT: The Birth of a Nation Mississippi Constitution 1832 1833. [optional]   Barron v Baltimore [Non-incorporation, Selective Incorporation and the Nationalization of the Bill of Rights]  Take PolS 353 and 354 The Domestic Slave Trade 1820-1839 Georgetown University 1838   [optional] 1800-1860. Black American Voting Rights in the NORTH (Lyles, ch. 2) Groves v. Slaughter 1841 The Amistad 1841 Man overboard! By the end of this week, everyone is REQUIRED to have watched the film: “Amistad” 1997 directed by Steven Spielberg.  Be prepared to discuss the film in class next week.   EXTRA CREDIT:    Spielberg’s Amistad

2/8 A Black Feminist Analysis of Bridgerton   [optional] cont. Lyles: Chapter 2 , Law and Politics in Black America , chapters 1-6 .   Selected topics include: President Obama’s comments last week on Christianity, slavery, and Jim Crow by Ta-Nehisi Coates Hillary does Tubman White Women Were Avid Slave Owners Prigg v. Pennsylvania 1842 The Trouble Teaching Slave or Rape Law: Pedagogical Approaches to the Intersectionality of Race and Gender Motivated Violence Film discussion: 12 Years a Slave 1841-1953 [optional] Reclaiming Intimate Histories in the Americas The Auction Block Roberts v. Boston 1849 Compromise of 1850 Fugitive Slave Act of 1850 1850. Black Americans loose the vote in Michigan  (Lyles, ch.2, p. 77) Souther v. Commonwealth of Virginia 1851   1851. Delaware prohibits Black Americans from voting (Lyles, ch.2, p. 77) Frederick Douglas 1852     [optional] William Lloyd Garrison (1852) and other Abolitionist Writings [optional] [optional] Domestic Slave Trade 1853 The Kansas-Nebraska Act The Trial of Celia 1855 Fellow Servant Rule 1856

WEEK 6 2-13 1857.  Dred Scott 1857 [citizenship] (Lyles, ch.2) 1858.  John Brown 1859  (1) Georgia Slave Sale after Dred Scott 1860, and (2) Weeping Time  Penis size, castration, and the myth of race The 1619 Project Lyles: Chapter 3 , Law and Politics in Black America , chapters 1-6 .   Selected topics include: Bailey v. Poindexter’s Executioner (1858) Ableman v. Booth (1859)  The Wanderer 1858 The “First Thirteenth Amendment Sidebar. John Brown’s Raid on Harper’s Ferry Lincoln or the Red Pill (Lyles, ch.3, p. 8-9) EXTRA CREDIT OPPORTUNITY: Lincoln in UIC PolS Dept and Yale Renames Calhoun College  Slave Auction Propaganda 1861 Enslaved at Currency [optional] Harriet Ann Jacobs 1861 1862 DC Emancipation Act    The Emancipation Proclamation January 1, 1863 The Draft Riot in New York City, July 1863 Teaching the Emancipation Proclamation for the 100th time, the media, and Juneteenth  Gordon’s Whipping Scars 1863 Response to Emancipation Proclamation in the North

2/15 1865.  Thirteenth Amendment  (Lyles, ch.3, p. 19-20). The Freedman’s Bureau Act of 1865 [optional] Black Women and the Freedman’s Bureau [optional] 1865. Elizabeth Cady Stanton to the Editor, This is the Negro’s Hour , National Anti-Slavery Standard, New York, 26 December 1865, in Baer and Goldstein, 4th edition, pp. 34-36. Forty Acres and a Mule  1866. Voting Rights and the KKK  (Lyles, ch.3) [optional] The Mississippi Black Codes  The Civil Rights Act of 1866 SlaveVoyages, 1514-1866 1867. Military Reconstruction Acts (Lyles, ch. 3, p. 28-29). 1868.  Fourteenth Amendment  (Lyles, ch.3, pp. 29-30) 1870.  Fifteenth Amendment (Lyles, ch.3, pp. 30-32)

The Enforcement Acts, 1870, 1871 The Ku Klux Klan Act 1871 Blyew v. United States 1871 The Extraordinary Case of Kate Brown 1868 1873.  Butchers’ Benevolent Association v. Crescent City Livestock Landing and Slaughterhouse Co. (The Slaughter-House Cases) (Lyles, ch. 3, pp. 36-38) Civil Rights Act 1875

WEEK 7 2/20

1875.  Virginia Minor v. Reese Happersett  [disenfranchisement of women](Lyles, ch. 3, p. 42), add Baer. 1876.  United States v. Hiram Reese  [disenfranchisement of African-Americans] (Lyles, ch. 3, pp. 43-45).  1876.  United States v. Cruikshank  [violence designed to intimidate voters] (Lyles, ch. 3, pp. 45-48). Warren Goodman Allen 1876-1954 1877.  Hayes-Tilden Presidential Election of 1876 and the Compromise of 1877  (Lyles, ch.3, pp. 48-51). Hall v. DeCuir 1878 EXTRA CREDIT:  Lincoln–The Movie  [optional] Multi-week Assignment  1.  Before February 18, read The Trouble Teaching Rape/Slave Law and post a comment. 2.  Before February 18, watch the film 12 Years a Slave and post a thoughtful comment.

2/22 Colonization v. Deportation or Dreamers and “A Dream Deferred”  [ extra credit opportunity ] EXTRA CR EDIT : Jim Crow: Promises Betrayed 1865-1896 Strauder v. West Virginia 1880  Ex Parte Virginia 1880   [optional] Neal v. Delaware 1880   [optional] Virginia v Rives 1881 [optional] Pace v. Alabama 1883 United States v. Harris 1883 1883.  The Consolidated Civil Rights Cases  [private v. public discrimination] (Lyles, ch.3, p.57-59) Henry M. Turner [optional] 1884.  Ex Parte Yarbrough  [violence designed to intimidate voters] (Lyles, ch.3, pp. 59-62) [optional for PolS 358, required for PolS 359] “Race to Nowhere” Mabel Perkins 1894-1973 1890. The “lily-whites” and the “black and tan”  (Lyles, ch.3, p. 63-65). Black American Disenfranchisement, e.g., the Grandfather Clause  (Lyles, ch.3, p. 64-66). Louisville, New Orleans & Texas Railway v. Mississippi (1890) Re Green (1895)  [optional for PolS 358, required for PolS 359] Yick Wo v. Hopkins 1886 1896.  Plessy v. Ferguson  [separate but equal] (Lyles, ch.3, pp. 67-75). Thomas McKinley Lyles 1896-1969 Parilee Elizabeth (Evans) Allen 1887-1973

WEEK 8 2-27 Lyles: Chapter 4 . Law and Politics in Black America, chapters 1-6 Introduction to Lyles, Law and Politics in Black America, Chapter 4  pp. 1-4

1898.  The Wilmington Riot 1898  [violence designed to intimidate voters] (Lyles, ch.4, pp. 5-6). United States v. Wong Kim Ark 1898 [optional] Williams v. Mississippi 1898   [optional for PolS 358, required for PolS 359] Cumming v. Board of Education 1899   Downes v. Bidwell (1901) [optional for PolS 358, required for PolS 359] Giles v Harris 1903    [optional for PolS 358, required for PolS 359] United States v. Shipp (1906) Hodges v. U.S. 1906 Argument for Defendant: Berea    Berea College v. Kentucky 1908     The Springfield Riots and the Founding of the NAACP The Lynching of Laura Nelson The Lynching of Will Potter, 1911 Bailey v Alabama 1911 McCabe v. Atchison, Topeka & Santa Fe Railway Company 1914 [optional] 1915 Guinn v. United States   [optional for PolS 358, required for PolS 359] Buchanan v. Warley 1917 Texas Acknowledges Killing Hundreds of Latinos 1915-1919 [optional] Mary Turner, Red Summer (1919) and Fighting Back   Elaine County Massacre (1919) / Moore v. Dempsey (1923) The Chicago Race Riot of 1919 Newberry v United States 1921 [optional for PolS 358, required for PolS 359] <Figure 4.1 here> The Duluth Lynchings on June 15, 1920 The Tulsa Race Riots 1921 The Rosewood Massacre 1923 [skim] Terrorism in the streets, 1900-1940 1911-1940 Riots, Lynchings, Domestic Terror, and Massacres.  “Damn Lyles, enough is enough” Women and Lynching  Corrigan v. Buckley 1926    Nixon v. Herndon 1927    [optional for PolS 358, required for PolS 359] Gong Lum v Rice 1927   [ optional ] Nixon v. Condon (1932)  [optional for PolS 358, required for PolS 359] The Scottsboro Boys Cases, Powell v. Alabama , 1932 and 1935     [ optional ], this case is also covered in 354, “right to counsel”] Norris v. Alabama (1935) NAACP: “look at the seven WHITE children” 1935 EXTRA CREDIT: Critical Review of American Political Institutions Tate, Lyles and Barker  EXTRA CREDIT:  Ida B. Wells: A Passion for Justice The Pioneering African American Journalist & Activist

Extra Credit Opportunity   Today is National Anthem Day.  “Fuck the National Anthem (Lyles, 2016).” 2/29 Charles Houston and Thurgood Marshall (Sidebar: NAACP and Public Education) Sidebar: W.E.B. Du Bois, Does the Negro Need Separate Schools? 1935   Time for a little more INTERSECTIONALITY.  Asked to Resign in 1929 The New Deal or the Same Deal? The Lynching of Claude Neal 1934     An Open Letter of Apology to my 358 students Grovey v Townsend 1935 [optional for PolS 358, required for PolS 359] Pearson v. Murray 1936 Brown v. Mississippi 1936   [optional] Palko v. Connecticut 1937   [optional] 1937 Breedlove v. Suttles [Georgia poll tax] (chapter 4) [optional for PolS 358, required for PolS 359] Alpha Phi Alpha   [optional] Jim Crow in the 20s 30s 40s 50s   [optional] Segregation is just one aspect of Jim Crow   [optional] United States v. Carolene Products 1938   [optional] Missouri ex rel. Gaines v. Canada 1938      Lane v. Wilson 1939    [optional for PolS 358, required for PolS 359] “ Without Sanctuary “ The controversy of the without sanctuary, museum exhibit [optional]

Sidebar: The NAACP and Criminal Justice (1940-1945)  Chambers v. Florida 1940 Hill v. Texas 1942 Lyons v. Oklahoma 1944 Screws v. United States 1945 Akins v. Texas 1945 Mitchell v. United States 1941

United States v. Classic 1941   [optional for PolS 358, required for PolS 359] WWII [as discussed in class] Sidebar: Korematsu, Hirabayashi and the Origins of Strict Judicial Scrutiny  [ optional, take my PolS 353 ]

Smith v. Allwright 1944    [optional for PolS 358, required for PolS 359] Executive Order 9981 – Establishing the President’s Committee on Equality of Treatment and     Opportunity in the Armed Forces (1944) Terry v. Adams (1953)  [optional for PolS 358, required for PolS 359] Morgan v Virginia 1946 Colegrove v. Green (1946)    [optional for PolS 358, required for PolS 359] Sipuel v. Board of Regents 1948 Residential Segregation, The NAACP, and the Battle Over Restrictive Covenants Corrigan v. Buckley 1926 The North-South Split in the Democratic Party Rice v Elmore 1948     [optional for PolS 358, required for PolS 359] Shelly v. Kraemer 1948 Hurd v. Hodge 1948 Pearson v. County Bd of Ed 1948  [optional] EXTRA CREDIT:  Legal Disfranchisement of the Negro [ optional ]

MATERIAL ABOVE THIS DATE IS REQUIRED FOR THE MIDTERM EXAM, MATERIAL BELOW THIS DATE WILL NOT BE REQUIRED ON THE MIDTERM EXAM

WEEK 9 3-5 CHAPTER 5  Required : Before March 26, watch Greta Gerwig’s Barbie movie.  Although from the surface it appears as a lighthearted movie about the famous Barbie doll, it is much more. With themes of feminism, female empowerment, intersectionality , etc. There will be a required QUIZ on the Barbie movie at the start of class on March 26. Lyles: Law and Politics in Black America, Chapter 5 <Figure 5.1> Educational Segregation in the U.S in 1950 Why the new Strategy?  <Sidebar. State of South Carolina, County of Clarendon. Petition> Briggs v. Elliott 1950 <Figure 5.2> The Liberty Hill School for Black children <Figure 5.3> The Clarendon County elementary school for white children <Figure 5.4> The Clarendon County high school for white children <Figure 5.5> Drs. Mamie and Kenneth Clark <Excerpt of Judge Waring’s Dissent in Briggs v. Elliott> ONLINE Brown v. Board of Education 1951    <Figure 5.6> Linda Brown <Figure 5.7> and <Figure 5.8> NAACP Lawyers Robert Carter and Jack Greenberg <Huxman, Circuit Judge in Brown v Board, 1951> optional Davis v. Prince Edward County 1952 [optional] Beauharnais v Illinois  1952 Belton et al. v. Gebhart 1952    Bolling v. Sharp 1954    Playing with dolls Intro to Brown  pp. 26-28 Government’s Brief in Brown  

3-7 REQUIRED: EVERYONE MUST WATCH THE FILM SIMPLE JUSTICE BY TODAY   “ Your Mama “ NAACP Brief in Brown 1953 Terry v. Adams 1953   [optional for PolS 358, required for PolS 359] Oral Argument: Brown I, Part 1   Deciding Not to Decide   Memo from Rehnquist Chief Justice Vinson Historical Research  The “Brown Cases” Timeline Summary of Argument presented to SCOTUS, 1953: NAACP Legal Defense and Education Fund Oral Argument: Brown I, Part II Round Two (5 questions) NEW The Supreme Court’s Decision to Hear Re-arguments Brown v. Board of Education I 1954   Bolling v. Sharpe 1954 Sidebar. Media Reactions to Brown I Reactions to Brown I and the Coming Decree Brown II. Oral Argument, Implementation and the Decree Marshall’s Response: Anger and Resolve Brown v. Board of Education II 1955    Barker and Lyles The Downfall of Separate But Equal: Brown v. Board of Education

WEEK 10 3/12 – 3/14

Browder v. Gayle (1956)   Rosa Parks The Southern Manifesto 1956

Lyles: Law and Politics in Black America , chapter 6 (1955-1969) Introduction Emmett Till  Sidebar. Rosa Parks and the Montgomery Bus Boycott The Southern Manisfesto: A Declaration of Constitutional Principals John F. Kennedy, President, 1961-1963. Civil Rights: An Overview Implementation  President Johnson and Civil Rights  [optional] no longer a separate sidebar in chapter 6

A. Public  Accomodations, Demonstrations, Breach of Peace,  and Sit-In Cases, 1956-1968 The Interstate Commerce Clause EXTRA CREDIT: Freedom Riders: American Experience. The entire film is no longer available at this link, only clips. ] President Kennedy and Civil Rights , ch. 6,   Morgan v Virginia 1946   [in chapter 5] Greensboro Sit-Ins   [optional, under construction] <Figure 6.1> chapter 6 Boynton v. Virginia 1960 Burton v. Wilmington 1961 WEEK 10 Critical Race Theory: The Key Writings That Formed the Movement   assignments are due before spring break March 31, 11:59 PM MIDTERM EXAM Thursday March 14

WEEK 11 Spring Break 3/20 – 3/24

WEEK 12 3/26 There will be a required QUIZ on the Barbie movie at the start of class TODAY. Sidebar: Martin Luther King, Letter from Birmingham Jail 1963 Watson v. Memphis 1963  [optional]  Edwards et al. v. South Carolina (1963) , See PolS 354 Anderson v. Martin 1964 [optional, see ch. 6] Title II of the CRA 1964  Heart of Atlanta Motel v. U.S. 1964 Katzenbach v. McClung 1964 Hamm v. City of Rock Hill 1964 EXTRA CREDIT:   Four Little Girls    [optional] Adderly v. State of Florida (1966) See PolS 354 Walker v Birmingham (1967) Johnson’s “Speech to the Nation on Civil Disorder (establishing the Kerner Commission) 1967

3/28 B. School Desegregation, 1955-1969 Desegregation does NOT equal Integration Eisenhower’s Speech on Little Rock, AK [optional] Cooper v. Aaron 1958 The Blossom Plan (Cooper v Aaron) chapter 6 Figure 6.4 Elizabeth Eckford chapter, 6 Ruby Bridges Figure 6.5 <chapter 6> Eyes on the Prize, Fighting Back (1957-1965). Please comment ON THIS REQUIRED VIDEO BEFORE class. Daisy Bates v. Gov Wallace 1957 [optional] Gov. George Wallace, Segregation Forever The Cowboys: America’s Team [Jerry Jones was in Little Rock] Dorothy Counts   https://kevinlyles.digital.uic.edu/lyles/dorothy-counts-sept-1957/ 1959: Emory University Figure 6.6. James Meredith, 1962 Griffin v. Prince Edward County 1964 Extra Credit: The Reverend Francis Griffin [optional] Green v. County School Board of New Kent County 1968

C. Employment Discrimination, Affirmative Action Title VII of the Civil Rights Act of 1964   

D. Voting Rights, 1955-1969

1957 The Civil Rights Act of 1957 (Lyles, ch. 6) 1959 Lassiter v. Northamton County Board of Elections  [ optional for PolS 358 , required for PolS 359] 1960 United States v. Raines  [ optional for PolS 358 , required for PolS 359] 1960 United States v. Thomas  [ optional for PolS 358 , required for PolS 359] 1960 The Civil Rights Act of 1960 Eisenhower’s Response the the Civil Rights Act of 1960 [ optional ] 1960 Gomillion v. Lightfoot  [ optional for PolS 358 , required for PolS 359] 1962 Baker v. Carr  [ optional for PolS 358 , required for PolS 359] 1964 Fannie Lou Hamer <image> chapter 6, lyles 1965 Black Women and the Right to Vote, by Darlene Clark Hine and Christine Anne Farnham [optional for PolS 358, required for PolS 359] <Figure 6.9> Amelia Boynton was beaten unconscious on the Edmund Pettis Bridge by an Alabama State Trooper, Bloody Sunday , Lyles, ch. 6. Required and EXTRA CREDIT: Bloody Sunday

WEEK 13 4/2

Gray v. Sanders, 1963   [optional for PolS 358, required for PolS 359] Wesberry v. Sanders 1964   [optional for PolS 358, required for PolS 359] Anderson v Martin (1964)   [optional for PolS 358, required for PolS 359] Reynolds v. Simms (1964 ) [optional for PolS 358, required for PolS 359] L ouisiana v. United States [interpretation tests] (Lyles, ch. 6) [optional for PolS 358, required for PolS 359] United States v. Mississippi [interpretation tests] (Lyles, ch. 6). [ optional for PolS 358, required for PolS 359] Required and EXTRA CREDIT: Bloody Sunday Review\Revisit: Voting Rights (From U.S. v Reese to Terry v Adams) [optional for PolS 358, req’ PolS 359] Malcolm X, The Ballot or The Bullet (1964) 1965 Voting Rights Act South Carolina v. Katzenbach 1966   Harper V. Virginia Board of Elections 1966  (lyles, ch. 6) [ optional for PolS 358, required for PolS 359 EXTRA CREDIT:   King v Malcom X      [ optional ] Attempted Murder of James Meredith [“to encourage voter registration”] (Lyles, ch. 6, p. 66-67). Bond v. Floyd (1966) ( optional for PolS 358, required for PolS 359)

E. Fair Housing, 1955-1969 1967 Reitman v. Mulkey 1968 Fair Housing Act 1968 Jones v. Alfred H. Mayer Co.

F. Black Americans and Criminal Justice 1955-1969 1965 Swain v Alabama Title 18. Crimes and Criminal Procedure

G. Other Individual Rights: First Amendment Freedoms, Freedom of Association, and the NAACP Cases, 1955-1969 The NAACP Cases, 1955-1969 NAACP v. Alabama (1958) [Optional, see PolS 345] NAACP v. Alabama ex rel. Flowers (1964) Shelton v. Tucker (1960) Gibson v. Florida Legislative Investigation Committee (1963) Louisiana ex rel. Gremillion v. NAACP (1961) Harrison v. NAACP (1959) NAACP v. Button 1963  [Optional, see PolS 345]

Freedom of the Press New York Times v. Sullivan 1964   [optional]  See PolS 354 and/or PolS 359

Miscegenation and the Freedom to Marry Sidebar. Selected Laws Criminalizing Interracial Marriage Loving v. Virginia 1967 EXTRA CREDIT: The Loving Story [optional] Shulltesworth v. Alabama 1969

Lyles: Law and Politics in Black America , chapter 7 (1969-1986)   A Review and Introduction to the Judicial Standards of Equal Protection

A. Demonstrations and Sit-In Cases, 1969-1986 Griffin v. Breckenridge 1971   EXTRA CREDIT:  The new documentary film “ I Am Not Your Negro ,” [optional]

WEEK 14 4/9

B. School Desegregation, 1969-1986 Alexander v. Holmes County Board of Education 1969 Swann v. Charlotte-Mecklenburg 1971 Keyes v. School District No. 1, Denver Colorado 1973 San Antonio Independent School District v. Rodriguez 1973  Milliken v. Bradley 1974 Runyon v. McCrary (1976) Pasedena City Board of Education v. Spangler 1976

4/11 C. Public Accommodations, 1969-1986 Palmer v. Thompson 1971 Moose Lodge No. 107 v. Irvis 1972 Memphis v. Greene 1981    

D. Employment Discrimination, Affirmative Action, Title VII, “Impact (Effect) v. Intent” 1969-1986 Repeat: Title VII of the Civil Rights Act of 1964     [see chapter 6] Griggs v. Duke Power Co 1971  [as discussed in class]  Washington v. Davis 1976  [as discussed in class] United Steel Workers of America v. Weber 1979 Fullilove v. Klutznick 1980 This is part of your FINAL EXAM  Who Invented White People? Equality v Equity OVERVIEW: Affirmative Action in Employment and Higher Education “Bush style” affirmative action  Notes on Affirmative Action Notes from Ronald J. Fiscus Brief of the American Bar Association Boston Firefighters Union, Local 718 v. Boston Chapter, NAACP [optional] Memphis Firefighters Union No. 1784 v. Stotts 1984    [optional] United States v. Paradise [optional] Johnson v. Transportation Agency, Santa Clara County, CA    [optional] Not Today!  K. Lyles

WEEK 15 4-16 E. Voting Rights, 1969-1986 City of Richmond v. United States 1975 [358 and 359] City of Mobile v. Bolden 1980  [PolS 358 and PolS 359] EXTRA CREDIT:Kevin Lyles, The Gatekeepers: Federal District Court in the Political Process , chapter 8, “Does Race Make a Difference?”   [optional] 1982.  The 1982 Amendments to the 1965 Voting Rights Act  (Lyles, ch. 7), Lexis Uni. Thornburg v. Gingles 1986      [optional for PolS 358, required for PolS 359]

F. Fair Housing, 1969-1986 The Temptations, “Run Charlie, Run!”   [for your listening pleasure] Hills v. Gautreaux 1976 Village of Arlington Heights 1977 G. African-Americans and Criminal InJustice, 1969-1986 Gregg v. Georgia 1976   [optional]  PolS 354 Batson v. Kentucky 1986  [354] [optional]   PolS 354

H.  Protecting Individual Rights and Other Issues, 1969-1986 Race isn’t biologically real Bob Jones University v. United States 1983 and Letter from Bob Jones University [optional] Palmore v. Sidoti 1984 

Remarks of Thurgood Marshall, 1987

E. Voting Rights, 1986-2005 Chisom v. Romer (1991)   [ optional for PolS 358 , required for PolS 359] Presley v. Etowah County Commission 1992   [optional for PolS 358, required for PolS 359] Shaw v. Reno 1993   [optional for PolS 358 , required for PolS 359] Bush v. Gore  2000    [optional for PolS 358 , required for PolS 359] Georgia v. Ashcroft 2003   [optional for PolS 358 , required for PolS 359] Vieth v. Jubelir er 2004   [ optional for PolS 358 , required for PolS 359]

WEEK 16 4/23

F. Fair Housing, 1986-2005

G. African-Americans and Criminal Justice, 1986-2005 McCleskey v. Kemp 1987 EXTRA CREDIT 13th by Ava DuVernay [optional] The Old and the New Jim Crow Equal Justice Initiative: Slavery to Mass Incarceration Powers v. Ohio (1991) Hudson v. McMillian (1992) Sidebar. Rodney King (1992)

H. Individual Rights and Equal Protection, 1986-2005 R.A.V. v. City of Saint Paul 1992 [PolS 354] Wisconsin v. Mitchell (1993)   repeated How Racism Effects Your Health from Science As Fact  [optional] Lyles: Law and Politics in Black America , chapters 9 (2005-2022)

EXTRA CREDIT:  John Hope Franklin The State of Black America: Race and the Limits of Judicial Power, Lyles Lecture

4-25 former-President Trump’s September 2020 executive order to eliminate “divisive concepts in schools and federally-funded entities” [skim] Critical Race Theory: An Introduction to my class, OR, the End of my Class? Miseducating the Public   [optional] Ron DeSantis’s Attack on Black Studies is Textbook Proto-Fascism  [optional] The State of Black America: Race and the Limits of Judicial Power,  continued. White Like Me: Race, Racism & Privilege in America Should Middle Eastern and North Africans STILL be WHITE?   [optional] Ryan M. Crowley, ‘The Goddamndest, toughest voting rights bill’: Critical Race Theory and the Voting Rights Act of 1965.’ Race Ethnicity and Education , Volume 16, 2013-Issue 5. [optional 358, required for 359] The Case for Reparations by Ta-Nehisi Coates [optional, but a great read]

Your sample final exam questions The State of Black America: Race and the Limits of Judicial Power,  continued. Why white southern conservatives need to defend confederate monuments   

Powered by WordPress / Academica WordPress Theme by WPZOOM