1st Edition

Intellect And Craft The Contributions Of Justice Hans Linde To American Constitutionalism

By Robert F Nagel Copyright 1995
332 Pages
by Routledge

334 Pages
by Routledge

334 Pages
by Routledge

This book focuses on the implications of Linde's views and practice for defining a realistic and useful role for judges in helping to preserve the institutions of liberal democracy. It will be essential reading for legal scholars, students, practicing lawyers, and judges alike.

Introduction Part One: Theory 1. Constitutional Rights in the Public Sector: Justice Douglas on Freedom in the Welfare State 2. Judges, Critics, and the Realist Tradition 3. Courts and Censorship 4. Due Process of Lawmaking 5. Are State Constitutions Common Law? 6. "A Republic ... If You Can Keep It." 7. When' Initiative Lawmaking Is Not "Republican Government": The Campaign Against Homosexuality Part Two: Practice 8. Rights of Public Employees 9. Freedom of Speech 10. Equal Protection 11. Privacy 12. Rights in the Criminal Justice System 13. Judicial Power and Government Structure

Biography

Robert F. Nagel is the Ira C. Rothgerber Professor of Constitutional Law at the University of Colorado. His writings include Constitutional Cultures: The Mentality and Consequences of Judicial Review; Judicial Power and American Character: Censoring Ourselves in an Anxious Age; and numerous academic and journalistic articles.