Critical Perspectives for Law Teaching: Constitutional Law

By re-writing US Supreme Court opinions that implicate critical dimensions of racial justice, Critical Race Judgments demonstrates that it's possible to be judge and a critical race theorist. Specific issues covered in these cases include the death penalty, employment, voting, policing, education, the environment, justice, housing, immigration, sexual orientation, segregation, and mass incarceration. While some rewritten cases - Plessy v. Ferguson (which constitutionalized Jim Crow) and Korematsu v. United States (which constitutionalized internment) - originally focused on race, many of the rewritten opinions - Lawrence v. Texas (which constitutionalized sodomy laws) and Roe v. Wade (which constitutionalized a woman's right to choose) - are used to incorporate racial justice principles in novel and important ways. This work is essential for everyone who needs to understand why critical race theory must be deployed in constitutional law to uphold and advance racial justice principles that are foundational to US democracy.US democracy.US democracy.US democracy.

A 2012 New York Times Book Review Notable Book "A real-life detective story that reveals the drama behind the scenes of a great Supreme Court victory for human rights." --Linda Greenhouse No one could have predicted that the night of September 17, 1998, would be anything but routine in Houston, Texas. Even the call to police that a black man was "going crazy with a gun" was hardly unusual in this urban setting. Nobody could have imagined that the arrest of two men for a minor criminal offense would reverberate in American constitutional law, exposing a deep malignity in our judicial system and challenging the traditional conception of what makes a family. Indeed, when Harris County sheriff's deputies entered the second-floor apartment, there was no gun. Instead, they reported that they had walked in on John Lawrence and Tyron Garner having sex in Lawrence's bedroom. So begins Dale Carpenter's "gripping and brilliantly researched" Flagrant Conduct, a work nine years in the making that transforms our understanding of what we thought we knew about Lawrence v. Texas, the landmark Supreme Court decision of 2003 that invalidated America's sodomy laws. Drawing on dozens of interviews, Carpenter has taken on the "gargantuan" task of extracting the truth about the case, analyzing the claims of virtually every person involved. Carpenter first introduces us to the interracial defendants themselves, who were hardly prepared "for the strike of lightning" that would upend their lives, and then to the Harris County arresting officers, including a sheriff's deputy who claimed he had "looked eye to eye" in the faces of the men as they allegedly fornicated. Carpenter skillfully navigates Houston's complex gay world of the late 1990s, where a group of activists and court officers, some of them closeted themselves, refused to bury what initially seemed to be a minor arrest. The author charts not only the careful legal strategy that Lambda Legal attorneys adopted to make the case compatible to a conservative Supreme Court but also the miscalculations of the Houston prosecutors who assumed that the nation's extant sodomy laws would be upheld. Masterfully reenacting the arguments that riveted spectators and Justices alike in 2003, Flagrant Conduct then reaches a point where legal history becomes literature, animating a Supreme Court decision as few writers have done. In situating Lawrence v. Texas within the larger framework of America's four-century persecution of gay men and lesbians, Flagrant Conduct compellingly demonstrates that gay history is an integral part of our national civil rights story.

Continuous expansion of executive power is igniting national debate: Is the administration authorized to detain people without charges or access to counsel, due process, or a fair trial? Is torture acceptable as long as it doesn't happen on U.S. soil? In a new study of the use of plenary power - the doctrine under which U.S. courts have allowed the exercise of U.S. jurisdiction without concomitant constitutional protection - Natsu Taylor Saito puts contemporary policies in historical perspective, illustrating how such extensions of power have been upheld by courts from the 1880s to the present. From Chinese Exclusion to Guantánamo Bay also provides a larger context for understanding problems resulting from the exercise of plenary power. Saito explains how the rights of individuals and groups deemed Other by virtue of race or national origin have been violated under both the Constitution and international law. The differing treatment of José Padilla and John Walker Lindh - both Americans accused of terrorism - provides an example of such disparate approaches. Such executive actions and their sanction by Congress and the judiciary, Saito argues, undermine not just individual rights but the very foundations of our national security - democracy and the rule of law. From Chinese Exclusion to Guantánamo Bay will interest readers concerned with the historical background of constitutional protection in times of war and peace and will provide fascinating new material for scholars, teachers, and students of law, history, and ethnic studies

This textbook provides a comprehensive, case- and problem-based approach to studying the Reconstruction Amendments--the Thirteenth, Fourteenth, and Fifteenth Amendments to the U.S. Constitution--with a particular focus on the Equal Protection and Due Process guarantees of the Fourteenth Amendment. By focusing exclusively on the Reconstruction Amendments, Professor Nicolas's textbook is comprehensive while at the same time being relatively compact and affordable. At approximately 700 pages in length, the book is designed to be taught easily from cover-to-cover in as few as three semester hours. A significant feature of the textbook is its organization. Rather than being organized in strict topical form, the book is organized primarily in historical order, with the Court's earliest cases at the beginning and its most recent ones at the end. The book thus returns to each doctrinal principle multiple times in concert with doctrinal developments over time. This historical approach provides insight into how changes in the Court's composition and philosophy over time have impacted all aspects of rights-based constitutional law, and also provides students with multiple opportunities to be exposed to any given doctrinal principle. Another key feature of the textbook is the inclusion of complex hypothetical problems. Drawing on the success of the problem-based approach to evidence law used in his popular evidence textbook, Professor Nicolas has created fifteen detailed problems that are designed to help students apply doctrinal principles to fact patterns for which they lack precedent. An online supplement that includes the U.S. Supreme Court's most recent precedents will be updated regularly and made available free of charge to students and instructors alike.

Reproductive Justice is a first-of-its-kind primer that provides a comprehensive yet succinct description of the field. Written by two legendary scholar-activists, Reproductive Justice introduces students to an intersectional analysis of race, class, and gender politics. Loretta J. Ross and Rickie Solinger put the lives and lived experience of women of color at the center of the book and use a human rights analysis to show how the discussion around reproductive justice differs significantly from the pro-choice/anti-abortion debates that have long dominated the headlines and mainstream political conflict. Arguing that reproductive justice is a political movement of reproductive rights and social justice, the authors illuminate, for example, the complex web of structural obstacles a low-income, physically disabled woman living in West Texas faces as she contemplates her sexual and reproductive intentions. In a period in which women's reproductive lives are imperiled, Reproductive Justice provides an essential guide to understanding and mobilizing around women's human rights in the twenty-first century.   Reproductive Justice: A New Vision for the Twenty-First Century publishes works that explore the contours and content of reproductive justice. The series will include primers intended for students and those new to reproductive justice as well as books of original research that will further knowledge and impact society. Learn more at www.ucpress.edu/go/reproductivejustice.

In the drafting of the U.S. Constitution, gender was a non-issue. Women played no role in the authorship of either the original 1787 document or the Bill of Rights, and were largely excluded from the Constitution's application.