What Should a Constitutional Law Casebook Be?

Document Type

Article

Publication Title

William & Mary Bill of Rights Journal

Journal Abbreviation

Wm. & Mary Bill Rts. J.

Abstract

What is the purpose of a “casebook”? It is not a “hornbook,” designed to summarize or explain the law in a specific area, generally aimed at law students or lawyers to provide a straightforward statement of the law. It is not a “treatise,” a comprehensive, systematic exposition of the law in a particular field, involving an in-depth analysis and interpretation of the law. And it is not a “study aid,” supplementary material designed to help students do better in their classes. It is the book used by professors in their classes. For professors of constitutional law, it is a tool used by professors to teach students constitutional law.

Because it is a tool used by professors, we have to ask what it is that the professors wish to accomplish in their teaching. Because it is a tool to teach students, we have to ask: who are the students? Because it is a tool to teach constitutional law, we have to ask: what is constitutional law? And because it is a tool for teaching, we have to ask: how does one “teach”?

First Page

453

Last Page

467

Publication Date

2025

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