The Embattled Constitution

The Embattled Constitution

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qAn indispensable and provocative guide through the thicket of today's most challenging constitutional controversies by some of the most eminent judges of their time. It offers an invaluable peek behind the curtain of judicial decision making.q a€”David Cole, Professor of Law, Georgetown University The Embattled Constitution presents the fourth collection of the James Madison lectures delivered at the NYU School of Law, offering thoughtful examinations of an array of topics on civil liberties by a distinguished group of federal judges, including Justice Stephen Breyer of the U.S. Supreme Court. The result is a fascinating look into the minds of the judges who interpret, apply, and give meaning to our a€œembattled Constitution.a€ In these insightful and incisive essays, the authors bring to bear decades of experience to explore wide-ranging issues. Are todaya€™s public schools racially segregated? To what extent can the federal courts apply the Bill of Rights without legislative guidance? And what are the criteria for the highest standards of judging and constitutional interpretation? The authors also discuss how and why the Constitution came to be embattled, shining a spotlight on the current polarization in both the Supreme Court and the American body politic and offering careful and informed analysis of how to bridge these divides. Contributors include Marsha S. Berzon, Michael Boudin, Stephen Breyer, Guido Calabresi, Robert H. Henry, Robert Katzmann, Pierre N. Leval, M. Blane Michael, Davis S. Tatel, J. Harvie Wilkinson, III, and Diane P. Wood.Id. See, e.g., GEORGE MILLER, LILLY LEDBETTER FAIR PAY ACT OF 2007, H.R. REP. ... Clyde Wilcox, The Dynamics ofLobbying the Hill, in 1 T HE INTERES T GR 0 UP CONNECTION: ELECTIONEERING, LOBBYING, AND ... Koons Buick Pontiac GMC, Inc. V. Nigh, 543 U.S. 50, 60-61 (2004) (citing the House and Senate drafting manuals in differentiating between a subparagraph and a clause).

Title:The Embattled Constitution
Author:Norman Dorsen
Publisher:NYU Press - 2013-06-07


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