In this Book

The Embattled Constitution
summary
"An 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."
 —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 “embattled Constitution.”
 
In these insightful and incisive essays, the authors bring to bear decades of experience to explore wide-ranging issues. 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.
 
Norman Dorsen is Stokes Professor of Law and Co-Director of the Arthur Garfield Hays Civil Liberties Program at NYU School of Law. He has directed the James Madison lecture series since 1977.
 
Catharine DeJuliois an Associate in the law firm of Sidley Austin LLP. During law school, she served as Editor-in-Chief of the New York University Law Review.
 

Table of Contents

  1. Cover
  2. pp. 1-1
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  1. Title Page, Copyright, Dedication
  2. pp. 2-7
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  1. Contents
  2. pp. vii-viii
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  1. Acknowledgments
  2. pp. ix-x
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  1. Introduction
  2. pp. 1-6
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  1. 1. Our Democratic Constitution
  2. pp. 7-36
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  1. 2. Federal and State Courts: Restoring a Workable Balance
  2. pp. 37-54
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  1. 3. Judicial Methodology, Southern School Desegregation, and the Rule of Law
  2. pp. 55-106
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  1. 4. Our Eighteenth-Century Constitution in the Twenty-First-Century World
  2. pp. 107-138
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  1. 5. Judging under the Constitution: Dicta about Dictum
  2. pp. 139-168
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  1. 6. Judge Henry Friendly and the Mirror of Constitutional Law
  2. pp. 169-192
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  1. 7. Toward One America: A Vision in Law
  2. pp. 193-206
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  1. 8. Securing Fragile Foundations: Affirmative Constitutional Adjudication in Federal Courts
  2. pp. 207-244
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  1. 9. Reading the Fourth Amendment: Guidance from the Mischief That Gave It Birth
  2. pp. 245-272
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  1. 10. Living Our Traditions
  2. pp. 273-296
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  1. 11. Statutes
  2. pp. 297-356
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  1. About the Contributors
  2. pp. 357-358
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  1. About the Editors
  2. pp. 359-360
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  1. Index
  2. pp. 361-376
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