Liberty, Equality, and Due Process: Cases, Controversies, and Contexts in Constitutional Law
The Third Edition is available as a PDF (download link on the right) or directly from CALI Lawbooks (http://liberty.lawbooks.cali.org/)
This Casebook is intended to be used in a course which concentrates on Constitutional Rights and centers the Fourteenth Amendment. It can be used in a first year Law School course with a title such as “Liberty, Equality, and Due Process,” as it is at CUNY School of Law, an upper division Constitutional Rights course, or an advanced undergraduate course focusing on constitutional rights, especially equality and due process.
The Casebook begins with the threshold issue of “state action” which orients students to a basic but often under-taught principle of constitutional law. The Casebook then considers judicial review and constitutional interpretation. Chapters 3-6 center on equality, including slavery before the Reconstruction Amendments, equal protection for racial, gender, and other classifications, affirmative action, and fundamental rights in equal protection doctrine. Chapters 7-9 are shorter chapters that consider the Privileges or Immunities Clause, Incorporation of Bill of Rights provisions to the states, and the Second Amendment. Chapter 10 focuses on substantive due process, with Chapter 11 treating the “synergy” between due process and equal protection regarding fundamental rights. The brief last Chapter, Chapter 12, includes materials on state constitutional rights, which can be omitted or integrated into previous subjects.
The Third Edition includes approximately 100 interactive “Check Your Understanding” questions for students to monitor their own mastery throughout the cases and materials.
The PDF version of this edition includes direct links to the casebook's website where students can work through the interactive questions. Students using the website version of the casebook will find the questions embedded within the readings.
339,963 Words, 657 Pages in PDF
First Edition Published March 2018
Second Edition Published July 2019
Third Edition Published August 2021
A Teacher's Manual is available for faculty; please use your CALI credentials to login for access. The Teacher’s Manual contains explanatory material, supplementary material (usually scholarly readings), answers to questions in the Notes in the Casebook, specific teaching techniques, visual (or audio) material, possible problems, and practice multiple choice questions.