The Rehnquist Legacy

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Craig BradleyCambridge University Press, 3/26/2010EAN 9780521683661, ISBN10: 0521683661Paperback, 416 pages, 22.9 x 15.2 x 2.4 cmLanguage: EnglishDuring the thirty-three years Will iam Rehnquist has been on the Supreme Court, nineteen as Chief Justice, significant developments have defined the American legal landscape. This book is a legal biography of Chief Justice William Rehnquist of the United States Supreme Court and the legacy he created. It is an intensive examination of his thirty-three year legacy as a Supreme Court Justice based on his Court opinions, primarily in the area of constitutional law. It is written by a group of legal scholars each of whom is a specialist in the area covered by his/her chapter. The focus of the book is on Rehnquist's own legacy, not necessarily that of the Court which he headed. Thus emphasis is placed not only on the goals which he achieved, but on those that he failed to achieve.ForewordIntroductionPart I. The First Amendment1. The hustlerJustice Rehnquist and the freedom of speech or of the press Geoffrey Stone2. Less is moreJustice Rehnquist, the freedom of speech and democracy Richard Garnett3. 'I Give Up!' William Rehnquist and commercial speech Earl Maltz4. Indirect funding and the establishment clauseRehnquist's trumphant vision of neutrality and private choice Daniel ConklePart II. Criminal Procedure5. The fourth amendment'be reasonable' Craig Bradley6. Dickerson v. United Statesthe case that disappointed Miranda's critics - and then its supporters Yale Kamisar7. Against the tideRehnquist's efforts to curtail the right to counsel James Tomkovicz8. Narrowing Habeas Corpus Joseph HoffmanPart III. The Structure of Government9. The federalist vision of William Rehnquist Mark Tushnet10. Federalism and the spending power from Dole to Birmingham Board of Education Lynn Baker11. Upholding the independent prosecutor Daniel Farber12. The battle over state immunity William Marshall13. Transcending the routinemethodology and constitutional values in Chief Justice Rehnquist's Statutory Cases Philip Frickey14. Rehnquist and Federalisman empirical analysis Ruth Colker and Kevin ScottPart IV. The Scope of Fourteenth Amendment Rights15. Abortiona mixed and unsettled legacy Dawn Johnsen16. Substantive due process, public opinion, and the right to die Neal Devins17. Privatizing the constitutionstate action and beyond David Barron. Show more