Constitutional Law 2010

by Chemerinsky, Erwin

• ISBN13: 9780735590366
• ISBN10: 0735590362
• Edition: 3rd
• Format: Paperback
• Copyright: 2011-08-05
• Publisher: Wolters Kluwer

Table of Contents

Preface	p. ix
The Federal Judicial Power	p. 1
Limits on the Federal Judicial Power	p. 1
Interpretive Limits	p. 1
The Federal Legislative Power	p. 3
Introduction: Congress and the States	p. 3
U.S. v. Comstock	p. 3
Congress's Powers Under the Post-Civil War Amendments	p. 12
What Is the Scope of Congress's Power?	p. 12
Northwest Austin Municipal Utility District Number One v. Holder	p. 12
The Federal Executive Power	p. 23
The Constitutional Problems of the Administrative State	p. 23
Checking Administrative Power	p. 23
Free Enterprise Fund v. Public Company	p. 23
Accounting Oversight Board	p. 23
Limits on State Regulatory and Taxing Power	p. 37
Preemption of State and Local Laws	p. 37
Implied Preemption	p. 37
Conflicts Preemption	p. 37
Wyeth v. Levine	p. 37
The Structure of the Constitution's Protection of Individual Liberties	p. 47
The Application of the Bill of Rights to the States	p. 47
The Incorporation of the Bill of Rights into the Due Process Clause of the Fourteenth Amendment	p. 47
McDonald v. City of Chicago	p. 47
Fundamental Rights Under Due Process and Equal Protection	p. 65
Procedural Due Process	p. 65
What Procedures Are Required?	p. 65
Caperton v. A.T. Massey Coal Co., Inc.	p. 65
District Attorney's Office for the Third Judicial District v. Osborne	p. 80
First Amendment: Freedom of Expression	p. 91
Free Speech Methodology	p. 91
The Distinction Between Content-Based and Content-Neutral Laws	p. 91
Problems in Applying the Distinction Between Content-Based and Content-Neutral Laws	p. 91
Pleasant Grove City, Utah v. Summum	p. 91
Vagueness and Overbreadth	p. 100
Overbreadth	p. 100
U.S. v. Stevens	p. 100
What is an Infringement of Freedom of Speech?	p. 110
Compelled Speech	p. 110
John Doe No. 1 v. Reed	p. 110
Types of Unprotected and Less Protected Speech	p. 123
Incitement of Illegal Activity	p. 123
Holder v. Humanitarian Law Project	p. 123
Sexually Oriented Speech	p. 138
The Broadcast Media	p. 138
Conduct That Communicates	p. 138
When May the Government Regulate Conduct That Communicates?	p. 138
Is Corporate Spending Protected Speech?	p. 138
Citizens United v. Federal Election Commission	p. 139
Freedom of Association	p. 163
Laws Prohibiting Discrimination	p. 163
Christian Legal Soc. Chapter of the University of California, Hastings College of the Law v. Martinez	p. 164
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