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