Research Catalog

Title

Judgment calls : principle and politics in constitutional law / Daniel A. Farber and Suzanna Sherry.

Author

Farber, Daniel A., 1950-

Publication

Oxford ; New York : Oxford University Press, 2009.

Items in the Library & Off-site

Holdings

Details

Additional Authors

Sherry, Suzanna

Description

xv, 201 p.; 24 cm.

Summary

• "Judgment Calls tackles one of the most important and controversial legal questions in contemporary America: How should judges interpret the Constitution?
• In exploring how constitutional adjudication works in practice (and how it can be made better), Farber and Sherry cover a wide range of topics that are relevant to their thesis and also independently important, including judicial opinion writing, the use of precedent, the judicial selection process, the structure of the American judiciary, and the nature of legal education. They conclude with a careful look at how the Supreme Court has treated three of the most significant and sensitive constitutional issues: terrorism, abortion, and affirmative action. Timely, trenchant, and carefully argued, Judgment Calls is a welcome addition to the literature on the intersection of constitutional interpretation and American politics."--Jacket.

Subject

• Judicial discretion > United States
• Judicial process > United States
• Law > United States > Interpretation and construction

Bibliography (note)

• Includes bibliographical references (p. 169-195) and index.

Processing Action (note)

• committed to retain

Contents

The inevitability of American judicial review -- The democracy worry -- How to think about discretion -- Reason and relevance -- The anatomy of judgment -- Respect for precedent -- Explaining precedent -- Deliberation and multiple decision-makers -- Transparency -- Incrementalism -- Professionalism and the selection process -- The role of the legal academy -- Terrorism -- Abortion -- Affirmative action.

ISBN

• 9780195371208 (hardback : alk. paper)
• 0195371208 (hardback : alk. paper)

LCCN

^^2008012374

OCLC

214282508

Owning Institutions

Harvard Library