Judgment Calls: Principle and Politics in Constitutional Law

By Daniel A. Farber; Suzanna Sherry | Go to book overview

Judgment Calls
Principle and Politics
in Constitutional Law

DANIEL A. FARBER
AND SUZANNA SHERRY

OXFORD
UNIVERSITY PRESS
2009

-iii-

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Judgment Calls: Principle and Politics in Constitutional Law
Table of contents

Table of contents

  • Title Page iii
  • Preface ix
  • Contents xiii
  • 1 - Introduction 3
  • Part I - The "Problem" of Judicial Review 9
  • 2 - The Inevitability of American Judicial Review 11
  • 3 - The Democracy Worry 21
  • Part II - Discretion and Judgment 33
  • 4 - How to Think about Discretion 35
  • 5 - Reason and Relevance 43
  • 6 - The Anatomy of Judgment 53
  • Part III - Precedent as a Safeguard 61
  • 7 - Respect for Precedent 63
  • 8 - Explaining Precedent 75
  • Part IV - Process Safeguards 85
  • 9 - Deliberation and Multiple Decision Makers 87
  • 10 - Transparency 97
  • 11 - Incrementalism 105
  • Part V - Internalized Safeguards 111
  • 12 - Professionalism and the Selection Process 113
  • 13 - The Role of the Legal Academy 123
  • Part VI - Case Studies 131
  • 14 - Terrorism 133
  • 15 - Abortion 141
  • 16 - Affirmative Action 157
  • Closing Words 167
  • Notes 169
  • Bibliographic Essay 181
  • Index 197
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