This classic book helped create the modern field of American Legal History. It was the first casebook devoted exclusively to American legal and constitutional history, giving students not only an understanding of the development of American jurisprudence, but also a broader and better understanding of American history generally. Over the years new editions have included more materials on the legal history of race, criminal law, and the family, as well as the best writing in this increasingly-important area of legal studies. As the Supreme Court grows in importance to American law, the Court and its advocates and critics are increasingly turning to the history of American Law as a means of evaluating current and future jurisprudence. This casebook is an indispensable tool in that endeavor.


Imprint: West Academic Publishing
Series: American Casebook Series
Publication Date: 04/09/2013
Related Subject(s): Jurisprudence

Stephen B. Presser, University of Colorado School of Law

Jamil S. Zainaldin, Emory

CasebookPlus™

This title is available in our CasebookPlus format. CasebookPlus provides support beyond your classroom lectures and materials by offering additional digital resources to you and your students. Anchored by faculty-authored formative self-assessments keyed to our most popular casebooks, CasebookPlus allows students to test their understanding of core concepts as they are learning them in class – on their own, outside of the classroom, with no extra work on your part. CasebookPlus combines three important elements:

  • A new print or digital casebook
  • Access to a downloadable eBook with the ability to highlight and add notes
  • 12-month access to a digital Learning Library complete with:
Multiple-choice self-assessment questions, including:
  • Chapter questions keyed to the casebook
  • Black Letter Law questions (available in select subjects)
  • Subject area review questions for end of semester use
Essay and short answer questions with sample answers and expert commentary, in 1L and select upper-level subjects

Leading digital study aids, an outline starter, and audio lectures in select subjects

Students can still utilize CasebookPlus digital resources if they’ve purchased a used book or are renting their text by purchasing the Learning Library at westacademic.com.

With CasebookPlus, you can customize your students’ learning experience and monitor their performance. The quiz editor allows you to create your own custom quiz set, suppress specific quiz questions or quiz sets, and time-release quiz questions. Additionally, the flexible, customized reporting capability helps you evaluate your students’ understanding of the material and can also help your school demonstrate compliance with the new ABA Assessment and Learning Outcomes standards.

The Eighth edition includes a new preface recognizing the seminal importance of American legal history and American jurisprudence at this crucial age in American law and politics, which preface updates and replaces the prior seven prefaces. This edition also adds new materials on the Court’s important recent decision sustaining the Patient Protection and Affordable Care Act as well as a new essay on the United States Constitution and Slavery. Finally, more than two dozen important recent works in American Legal History are referenced and used to illuminate pre-existing materials from prior editions. For the first time in 30 years, all of the book’s temporal references have been harmonized and brought up to date. The eighth edition maintains and enhances this casebook’s unchallenged role as the indispensable critical collection of primary sources and commentary on the history of American law, legal institutions, and jurisprudence.

Learn more about this series.