Judicial Power and American Character: Censoring Ourselves in An Anxious Age

By Robert F. Nagel | Go to book overview

Notes

Chapter 1
1.
Robert A. Dahl, "Decision-Making in a Democracy: The Supreme Court as a National Policy-Maker", 6 J. Pub. L.279 ( 1957). Later work suggests that in some respects Dahl underestimated the Court's power, but his essential insight remains persuasive. See, e.g., Jonathan D. Casper, "The Supreme Court and National Policy Making", 70 Am. Pol. L. Rev.50 ( 1976).
2.
On abortion, see Kristin Luker, Abortion and the Politics of Motherhood ( University of California Press, 1984). More generally, see Gerald N. Rosenberg, The Hollow Hope: Can Courts Bring About Social Change? ( University of Chicago Press, 1991).

Chapter 2
1.
One indication that anxiety about moral decline is widespread is the general popularity of books such as How Should We Then Live? ( Fleming H. Revell, 1976) by Francis A. Schaeffer and The Closing of the American Mind ( Simon & Schuster, 1987) by Allan Bloom. Among academics it is evidenced by the intense interest in, for example, After Virtue. A Study in Moral Theory ( University of Notre Dame Press, 1981) by Alasdair MacIntyre. See generally Richard John Neuhaus, The Naked Public Square: Religion and Democracy in America 75, 140 ( 2d ed., Eerdmans, 1986). At least one legal scholar has made the distressing connection between the Thomas hearings and general cultural deficiency. John Hart Ely , "On Giving Lies for Professional Reasons", 9 Const. Comm.1 ( 1992).
2.
For a thoughtful discussion about the possibilities that affirmative action benefits establishment institutions and that it does not much assist the underclass, see Stephen L. Carter, Reflections of an Affirmative Action Baby 20, 71, 80 ( Basic Books, 1991). See also Shelby Steele, The Content of Our Character 6, 77-87, 118 ( Harper Perennial, 1991).

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