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The Rehnquist Legacy
By
Craig Bradley
Description
During the thirty-three years William
Rehnquist has been on the Supreme Court, nineteen as Chief Justice,
significant developments have defined the American legal landscape.
This book is a legal biography of Chief Justice William Rehnquist of
the United States Supreme Court and the legacy he created. It is an
intensive examination of his thirty-three year legacy as a Supreme
Court Justice based on his Court opinions, primarily in the area of
constitutional law. It is written by a group of legal scholars each
of whom is a specialist in the area covered by his/her chapter. The
focus of the book is on Rehnquist\\\'s own legacy, not necessarily that
of the Court which he headed. Thus emphasis is placed not only on the
goals which he achieved, but on those that he failed to achieve.
• First legal biography about a
Supreme Court Justice • Will likely be the first book published
about Rehnquist following his anticipated retirement • Includes
the views of many of the nation’s leading constitutional law
scholars
Contents
Foreword; Introduction; Part I. The
First Amendment: 1. The hustler: Justice Rehnquist and the freedom of
speech or of the press Geoffrey Stone; 2. Less is more: Justice
Rehnquist, the freedom of speech and democracy Richard Garnett; 3. ‘I
Give Up!’ William Rehnquist and commercial speech Earl Maltz;
4. Indirect funding and the establishment clause: Rehnquist’s
trumphant vision of neutrality and private choice Daniel Conkle; Part
II. Criminal Procedure: 5. The fourth amendment: ‘be
reasonable’ Craig Bradley; 6. Dickerson v. United States: the
case that disappointed Miranda’s critics - and then its
supporters Yale Kamisar; 7. Against the tide: Rehnquist’s
efforts to curtail the right to counsel James Tomkovicz; 8. Narrowing
Habeas Corpus Joseph Hoffman; Part III. The Structure of Government:
9. The federalist vision of William Rehnquist Mark Tushnet; 10.
Federalism and the spending power from Dole to Birmingham Board of
Education Lynn Baker; 11. Upholding the independent prosecutor Daniel
Farber; 12. The battle over state immunity William Marshall; 13.
Transcending the routine: methodology and constitutional values in
Chief Justice Rehnquist’s Statutory Cases Philip Frickey; 14.
Rehnquist and Federalism: an empirical analysis Ruth Colker and Kevin
Scott; Part IV. The Scope of Fourteenth Amendment Rights: 15.
Abortion: a mixed and unsettled legacy Dawn Johnsen; 16. Substantive
due process, public opinion, and the right to die Neal Devins; 17.
Privatizing the constitution: state action and beyond David Barron.
Contributors
Linda Greenhouse, Craig Bradley,
Geoffrey Stone, Richard Garnett, Earl Maltz, Daniel Conkle, Craig
Bradley, Yale Kamisar, James Tomkovicz, Joseph Hoffmann, Mark
Tushnet, Lynn Baker, Daniel Farber, William Marshall, Phillip
Frickey, Ruth Colker, Kevin Scott, Dawn Johnsen, Nea Devins, David
Barron
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