Global Perspectives on Constitutional Law

by Vikram Amar, Mark Tushnet

Overview

An ideal supplement for professors who wish to incorporate comparative law into their constitutional law courses, Global Perspectives on Constitutional Law introduces students to the various ways that nations other than the United States resolve contemporary constitutional questions. Covering both structural issues and individual rights, the book offers a wide but select range of readings on interesting constitutional issues in sixteen accessible chapters. Each brief chapter presents foreign case materials on a particular constitutional topic along with notes and questions that further illuminate the comparisons between U.S. constitutional law and that of other nations. Featuring selections by expert contributors from a variety of ideological and demographic backgrounds, the volume is designed to encourage students to reexamine and deepen their understanding of U.S. constitutional law in light of the alternatives offered by other systems.

Features
*Modular design of chapters allows instructors to pick and choose which topics they use for comparative study
*Brief chapters can be easily integrated into relevant class discussions
*Chapters authored by top constitutional law scholars who frame the cases with introductory and concluding comments
*Covers a broad range of contemporary constitutional issues including property rights, abortion rights, regulation of hate speech, regulation of campaign finance, and religious freedom

Product Details

ISBN-13:	9780195328110
Publisher:	Oxford University Press
Publication date:	11/10/2008
Series:	Global Perspectives
Edition description:	New Edition
Pages:	288
Product dimensions:	6.10(w) x 9.10(h) x 0.70(d)

About the Author

Vikram David Amar is Associate Dean for Academic Affairs and Professor of Law at University of California, Davis, and has been teaching and writing about constitutional law since 1993. He is coauthor of Constitutional Law: Cases and Materials (2005) and of multiple volumes of the Wright and Miller Federal Practice and Procedure treatise. He writes a bi-weekly column on constitutional matters for findlaw.com.

Mark V. Tushnet is William Nelson Cromwell Professor of Law at Harvard Law School. He is the coauthor of four casebooks, including the most widely used casebook on constitutional law. He has authored sixteen books and edited eight others. He was President of the Association of American Law Schools in 2003. In 2002 he was elected a fellow of the American Academy of Arts and Sciences.

Table of Contents

Preface vi

Contributors viii

1 Abstract and Concrete Review Michael C. Dorf 3

2 Judicial Independence Judith Resnik 15

3 Federal Powers and the Principle of Subsidiarity Daniel Halberstam 34

4 Separation of Powers and Parliamentary Government Laurence P. Claus 48

5 Property Rights Gregory S. Alexander 59

6 Abortion Rights Radhika Rao 73

7 Review of Laws Having Racially Disparate Impacts Adrien Katherine Wing 88

8 Affirmative Action and Benign Discrimination Ashutosh Bhagwat 102

9 Discrimination on the Basis of Sexual Orientation Nan D. Hunter 116

10 Review of Laws Having a Disparate Impact Based on Gender Vicki C. Jackson 130

11 Free Speech and the Incitement of Violence or Unlawful Behavior: Statutes Directed at Speech Steven G. Gey 146

12 Free Speech and the Incitement of Violence or Unlawful Behavior: Statutes Not Specifically Directed at Speech Steven G. Gey 166

13 Regulation of Hate Speech Michel Rosenfeld 181

14 Regulation of Campaign Finance Richard L. Hasen 198

15 Religious Freedom Alan E. Brownstein 214

16 The State Action Doctrine Frank I. Michelman 228

Table of cases 241

Index 245