teaching slavery

[Richard D. Friedman]

I have been an enthusiastic user of Brest & Levinson, and if I ever teach
the course again will use the successor, Brest, Levinson, Balkin and
Amar.  One of the reasons I am such a fan of the book is that it provides a
natural way of presenting material that is very important historically and
theoretically but that does not closely relate to any currently significant
doctrinal category.  This describes not only Dred Scott but also, for
example, Blaisdell, which offers a wonderful way to discuss theories of
constitutional change and of the extent to which the text is limiting.  I
always teach Dred Scott, because I think it is obviously one of the two or
three most significant cases in constitutional history, and I think it is
important for every student, of whatever orientation, to recognize what
harm the Court is capable of doing.  It's a terrible shame, I think, how
many Con Law I courses do not mention the case in any serious way.

Rich Friedman
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