Gary L. McDowell is a Professor in the Jepson School of Leadership Studies at the University of Richmond, where he holds the Tyler Haynes Interdisciplinary Chair of Leadership Studies, Political Science, and Law. He is the author or editor of ten books, including Equity and the Constitution: The Supreme Court, Equitable Relief and Public Policy; Curbing the Courts: The Constitution and the Limits of Judicial Power; Justice vs. Law: Courts and Politics in American Society (with Eugene W. Hickok, Jr.); and Friends of the Constitution: Writings of the therFederalists (edited with Colleen Sheehan). In addition to his teaching appointments, he has served as the Director of the Office of the Bicentennial of the Constitution at the National Endowment for the Humanities, Associate Director of Public Affairs at the United States Department of Justice and chief speechwriter to United States Attorney General Edwin Meese III, and Director of the Institute of United States Studies in the University of London.
—David Cole, Professor of Law, Georgetown University
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. Are today’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.
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.
That Eminent Tribunal brings together a distinguished group of legal scholars and political scientists who argue that the Court's power has exceeded its appropriate bounds, and that sound republican principles require greater limits on that power. They reach this conclusion by an interesting variety of paths, and despite varied political convictions.
Some of the essays debate the explicit claims to constitutional authority laid out by the Supreme Court itself in Planned Parenthood v. Casey and similar cases, and others focus on the defenses of judicial authority found commonly in legal scholarship (e.g., the allegedly superior moral reasoning of judges, or judges' supposed track record of superior political decision making). The authors find these arguments wanting and contend that the principles of republicanism and the contemporary form of judicial review exercised by the Supreme Court are fundamentally incompatible.
The contributors include Hadley Arkes, Gerard V. Bradley, George Liebmann, Michael McConnell, Robert F. Nagel, Jack Wade Nowlin, Steven D. Smith, Jeremy Waldron, Keith E. Whittington, Christopher Wolfe, and Michael P. Zuckert.
From Citizens United to its momentous rulings regarding Obamacare and gay marriage, the Supreme Court under Chief Justice John Roberts has profoundly affected American life. Yet the court remains a mysterious institution, and the motivations of the nine men and women who serve for life are often obscure. Now, in Uncertain Justice, Laurence Tribe and Joshua Matz show the surprising extent to which the Roberts Court is revising the meaning of our Constitution.
This essential book arrives at a make-or-break moment for the nation and the court. Political gridlock, cultural change, and technological progress mean that the court's decisions on key topics—including free speech, privacy, voting rights, and presidential power—could be uniquely durable. Acutely aware of their opportunity, the justices are rewriting critical aspects of constitutional law and redrawing the ground rules of American government. Tribe—one of the country's leading constitutional lawyers—and Matz dig deeply into the court's recent rulings, stepping beyond tired debates over judicial "activism" to draw out hidden meanings and silent battles. The undercurrents they reveal suggest a strikingly different vision for the future of our country, one that is sure to be hotly debated.
Filled with original insights and compelling human stories, Uncertain Justice illuminates the most colorful story of all—how the Supreme Court and the Constitution frame the way we live.