Intellect and Craft: The Contributions of Justice Hans Linde to American Constitutionalism

By Robert F. Nagel | Go to book overview

Intellect and Craft
The Contributions of
Justice Hans Linde to
American Constitutionalism

EDITED BY Robert F. Nagel

WestviewPress

A Division of HarperCollinsPublishers

-iii-

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Intellect and Craft: The Contributions of Justice Hans Linde to American Constitutionalism
Table of contents

Table of contents

  • Title Page iii
  • Contents vii
  • Preface xi
  • Introduction 1
  • Part One - Theory 9
  • 1 - Constitutional Rights in the Public Sector: Justice Douglas on Freedom in the Welfare State 11
  • 2 - Judges, Critics, and the Realist Tradition 25
  • 3 - Courts and Censorship 43
  • 3 Courts and Censorship 43
  • Conclusion 62
  • 4 - Due Process of Lawmaking 65
  • 4 Due Process of Lawmaking 65
  • Conclusion 87
  • 5 - Are State Constitutions Common Law? 91
  • 6 - A Republic . . . If You Can Keep It."" 103
  • 7 - When Initiative Lawmaking is Not Republican Government": The Campaign Against Homosexuality" 125
  • Part Two - Practice 137
  • 8 - Rights of Public Employees 139
  • 9 - Freedom of Speech 161
  • 10 - Equal Protection 197
  • 11 - Privacy 211
  • 12 - Rights in the Criminal Justice System 233
  • 13 - Judicial Power and Government Structure 285
  • About the Book and Editor 307
  • Index 309
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