The first assignment for this class is contained in the Syllabus, and is Chapter 2 of the O'Brien casebook. Following that, to read:

• Fallon, entire.
• Barron v. Baltimore
• The Slaughterhouse Cases

Complete this reading assignment before class on Tuesday, 15 January 2008.  Class the first day, the 8th will provide an introduction to the course.  However, this "second" reading assignment should be completed right away, by the next day you should have completed this substantial introductory reading assignment.  Fallon's book is a good background in constitutional law, and some of it will be quite useful

It is presumed that you know or will shortly master the material that is covered in O'Brien, Chapter 2.

This first reading assignment is probably the longest you will have during the entire semester.  To complete it (i.e., master and remember all the materials treated in these items) in two days will require a good deal of effort on your part.  That may seem difficult.  However, students need to learn how to manage large amounts of material with detailed attention to it.  Most students, by this point in their education, have learned to skim lengthy readings and get the gist of the material.  Then if they have to go back and learn some level of detail in the material they do that when they need to accomplish that. That technique will change substantially for these readings and this course.  First, the level of detailed knowledge contained in this assignment is great.  Second, students are expected to master all the material quickly and completely.  Most of us have heard the phrase: "The devil is in the detail."  In this course the heart and soul of these materials is in the detail.  Reading these materials and retaining the detailed information they contain is essential.  Completing this set of tasks at the outset may be very difficult because of their length and their detail, but it is expected of students in this course. 
     Furthermore, students will have to remember and be able to recall the details of these assignments quickly.  [For example, the O'Brien reading contains a short reading and an excerpt dealing with the Ashwander Rules – pp. 169.  These, although not official policy, are often cited by the Justices of the Supreme Court as decisional guides for reaching decisions in cases.  Students will need to know and remember the Ashwander Rules throughout the semester.]

(1) Fallon's book is a traditional but recent exposition of constitutional law as it has been  developed by the United States Supreme Court.  It is written clearly and it provides a comprehensive pass through a great many subjects.  This course will not cover all the topics treated by Fallon, but those that are treated in the course and by Fallon, will be greatly enhanced by reading Fallon.  On the other subjects, not treated in this course, students will greatly benefit by reading these materials.  This book should be read in the order that the chapters are presented.  The Introduction, Chapters 1, 2, and 3, and Chapter 6 treat subjects that will probably be covered this semester – Free Speech, Freedom of Religion, Economic Liberties and Fundamental Rights (such as Privacy).  It is a very good, and up-to-date presentation of this material.  The remainder of the chapters (4, 5, and 6
(2) O'Brien's chapter (Ch. 2) focuses on the Supreme Court's decisional processes and its doctrinal constraints on the exercise of judicial power such as standing to sue, ripeness and mootness, and political questions.  (This chapter has some court opinions – cases –  in it.  While you need not brief these cases, or write anything in connection with them – except perhaps writing down the Ashwander Rules – you might find it useful to "practice" briefing these opinions.  If you do brief these cases, you are welcome to discuss this work with the instructor during the first week of the semester during office hours.)
 

Students will encounter words and phrases in the reading for this course that are strange or peculiar to them.  That is normal because legal opinions and other legal writings rely on legal "jargon" that has developed over the centuries.  There are several suggestions for managing these kinds of reading challenges.  Always read these with two dictionaries at hand, and when a word or phrase appears that is unknown to the student, STOP AND LOOK IT UP.  Sometimes you can tell the meaning of the word or phrase from the context in which it is used.  However, chances are, the meaning is more technical than can be derived from its context.  So look it up!!!!
     The dictionaries should be a standard college level dictionary AND a dictionary of legal terms.  One that will serve students quite well throughout the semester is: Daniel Oran, Dictionary of Law  3d ed. (West, 1999).  This may be purchased on line or perhaps from a local bookstore, and that should be done at the outset of the semester if students do not own either of these.  (N.B., O'Brien contains a Glossary of Terms – pp.1597 to 1603 – that will serve this purpose in part.  However, O'Brien may not be adequate for definitions throughout the entire semester or for all the materials).

The reading assignments, after the first assignment, are listed below.  Students must also consult the Writing Assignment page on this website to determine what writings (therefore, what readings) must be prepared for each class period.  What follows are just the general subjects that will be covered this semester and their order.

The Nationalization of the Bill of Rights – O'Brien Ch. 4

The Selective Nationalization of Guarantees of the Bill of Rights Plus Other Fundamental Rights
The Rise and (Partial) Retreat of the "Due Process Revolution"

Economic Rights and American Capitalism – O'Brien Ch. 3

The Contract Clause and Vested Interests in Property
The Development and Demise of a "Liberty of Contract"
The "Taking Clause" and Just Compensation

The Right to Free Speech – O'Brien Ch. 5
            N.B. The entire set of Free Speech materials will not be covered this Semester.

Judicial Approaches to the First Amendment
Obscenity, Pornography, and Offensive Speech
Libel
Commercial Speech

The Freedom from and of Religion – O'Brien Ch. 6 (time permitting)

The (Dis)Establishment of Religion
Free Exercise of Religion