Aspen Publishing

Constitutional Law: Power, Liberty, Equality

Steven D. Jamar


  • ISBN: 9781454870326

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  • Description

    Constitutional Law: Power, Liberty, Equality presents most of the constitutional law cases generally considered canonical and, with one important exception, follows the tried and true organization employed in many constitutional law texts: dividing chapters and sections are along subject matter lines such as the Commerce Clause, equal protection, freedom of expression, and so on. Nonetheless, this book differs from other constitutional law textbooks in important ways. The text introduces cases by providing contextual information and by explicitly articulating much of the black letter law being introduced. Under this structure, the cases provide the student with the opportunity to more easily see the difference between the doctrine per se and how it is actually developed and used by the Court. Cases become examples of the rules being applied and vehicles for deeper exploration of broader principles and themes. Starting with explanations rather than cases allows deeper and more immediate exploration of the interrelationship of history, methods of constitutional interpretation, underlying policies, and the content of constitutional doctrine. The book presents many short, simple hypotheticals on most subjects to help them confirm their ability to articulate the rules and to apply them in a straightforward way. The teachers’ manual provides more sophisticated problems suitable for workshops or extended consideration in class at the professor’s discretion. Selected comparative law coverage deepens understanding through contrast with constitutional provisions from other countries and with international human rights treaties. Occasional sections highlight social justice in constitutional interpretation and doctrine to help students see things in cases that traditional focus on doctrine, interpretation, and political aspects may miss.

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  • Details
    Page Count 1312
    Published 02/21/2017
  • Additional Product Details

    Detailed Table of Contents (PDF Download)

    Summary of Contents

    The Constitution of the United States

    CHAPTER 1 Studying Constitutional Law
    CHAPTER 2 Foundational Principles and Cases

    CHAPTER 3 Judicial Power
    CHAPTER 4 Congressional Power: An Introduction
    CHAPTER 5 Congressional Power: The Commerce Clause
    CHAPTER 6 Congressional Power: Taxing and Spending Powers
    CHAPTER 7 Congressional Power: Necessary and Proper Power and Other Powers
    CHAPTER 8 Congressional Power: The Reconstruction Amendments
    CHAPTER 9 Executive Power
    CHAPTER 10 Separation of Powers

    CHAPTER 11 Federal Constitutional Limits on State Power
    CHAPTER 12 Federalism and State Sovereignty: The Tenth and Eleventh Amendments

    CHAPTER 13 Equal Protection
    CHAPTER 14 Procedural Due Process
    CHAPTER 15 Economic Rights
    CHAPTER 16 Substantive Due Process, Unenumerated Rights, and Incorporation
    CHAPTER 17 Freedom of Expression
    CHAPTER 18 Freedom of the Press
    CHAPTER 19 Freedom of Association
    CHAPTER 20 Freedom of Religion
    CHAPTER 21 State Action

    Table of Cases

  • Author Information

    Steven D. Jamar

    ssor Jamar joined the Howard University School of Law faculty in 1990 as Director of the Legal Reasoning, Research, & Writing Program, a position he held from 1990 to 2002. He has taught a variety of other courses at HUSL and elsewhere including International Law of Human Rights, IP in International Business Transactions, International Moot Court Team, LRRW I & II, Drafting, Contracts, UCC, ADR, Computer Law, Civil Litigation Clinic, and Introduction to Intellectual Property.

    Prof. Jamar is the Associate Director of the Howard Intellectual Property Program (HIPP). HIPP addresses the relationship between intellectual property and social justice and works to improve the opportunities for HUSL students to enter IP practice. HIPP performs its mission in a number of ways including supporting relevant scholarship, involving HUSL students in IP courses and issues, designing the IP curriculum, sponsoring student internships, CLE instruction in IP to practicing attorneys, and advocacy on IP issues with a significant social justice component. Professor Jamar has made a number of professional presentations and has published articles in the area of international human rights and IP.

    Another significant project to which Prof. Jamar contributed was the Howard University commemoration of the 50th anniversary of Brown v. Board of Education. Prof. Jamar was a member of the Brown@50 Planning Committee and is the webmaster and lead author for the content on the Brown@50 website.

    Prof. Jamar's scholarly work is wide ranging. His more recent work has concentrated on various aspects of social justice and intellectual property including IP's relationship to international human rights; copyright in the social networking context; the relationships among IP, social justice, entrepreneurship, and economic empowerment; and the importance of a social justice underpinning for an IP Institute.

    Prior work includes presenting a paper on the international human right of freedom of religion at an Oxford Round Table Conference at Oxford University in 2002 and publishing articles and making presentations in the areas of comparative law, legal rhetoric, ADR, Brown v. Board of Education, and international human rights.

    Many of his works are available for download from his SSRN author's page at

    Professor Jamar consulted with the Law Library of Congress on its GLIN (Global Legal Information Network) project. In that effort he was one of the authors of an early version of an xml dtd for GLIN. At the 2003 GLIN Annual Meeting of member countries from throughout the world, he was the moderator of a panel on the right of access to legal information.

    In the late 1990s he consulted with NASA and the Law Library of Congress on the ELIS (Environmental Legal Information System) project. The ELIS investigators explored the use of computer-related technology and the Internet to link environmentally-related data, including both GIS information and remote sensing data (such as satellite-generated images), to environmental treaties, laws, and regulations in order to make the information more accessible to environmental policy makers, environmental planners, and environmental law enforcement offices worl

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