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The United States Constitution: Creation, Reconstruction, the
Progressives, and the Modern Era (1st ed. 2020), is the most
complete, historically grounded, and originalist and textualist
casebook account of the original Constitution, Reconstruction
Amendments, and modern constitutional developments. The book
contains unique background on the drafting and ratification of the
Constitution that puts all subsequent doctrinal developments into
context. It follows the text of the Constitution, starting with the
Preamble and ending with the Twenty-Seventh Amendment, containing
material on literally every clause in between - which,
astonishingly, is done by no other casebook. It provides the
historical evolution of important areas of doctrine without
sacrificing coverage of modern law. And, given the Supreme Court's
recent and likely continuing turn towards originalism, the book
contains extensive treatment of original meaning by two of the
academy's leading originalist theorists, while also providing ample
material on the many other modalities of interpretation that drive
constitutional doctrine. Furthermore, this casebook delves deeply
into the separation of powers, federalism, and Reconstruction, with
an historical and theoretical focus that no other book can match.
The casebook is co-written by two former Scalia clerks, Steven Gow
Calabresi and Gary Lawson. Both authors are highly accomplished
scholars who have published numerous university press books, law
review articles and casebooks. They know how a casebook differs
from a university press book or a law review article, and this
makes their casebook very user-friendly. This new edition also
takes account of the two newest appointees to the Supreme Court,
Justices Gorsuch and Kavanaugh, and is thus up to date on Supreme
Court case law as it stood when the Supreme Court adjourned in the
summer of 2019.
This casebook emphasizes current doctrine and its historical
evolution in exploring the four basic foundations of federal
administrative law: separation of powers, statutorily and
constitutionally required procedures for agency adjudication and
rulemaking, scope of judicial review of agency action, and the
availability and timing of judicial review. The book concentrates
on federal rather than state administrative law, on the belief that
an understanding of federal law can be translated into other
settings if so desired. The book maintains the straightforward
organization and don't-hide-the-ball presentation that has
characterized the book since its inception. The Eighth Edition
contains six new principal cases and numerous new notes on topics
ranging from executive orders to the appointments clause to the
definition of the record in informal proceedings. The book
prominently continues, from the prior edition, to expand materials
on statutory interpretation to accommodate the increasing inclusion
of Administrative Law in the first-year curriculum. CasebookPlus
Hardbound - New, hardbound print book includes lifetime digital
access to an eBook, with the ability to highlight and take notes,
and 12-month access to a digital Learning Library that includes
self-assessment quizzes tied to this book, leading study aids, an
outline starter, and Gilbert Law Dictionary.
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