Regulatory Rights : Supreme Court Activism, the Public Interest, and the Making of Constitutional Law - Larry Yackle

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Regulatory Rights

Supreme Court Activism, the Public Interest, and the Making of Constitutional Law

By: Larry Yackle

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Hardcover | 1 October 2007 | Edition Number 1

At a Glance

Hardcover
256 Pages

Dimensions(cm)
2.4 x 1.63 x 0.2

Hardcover

$135.75

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We often hear--with particular frequency during recent Supreme Court nomination hearings--that justices should not create constitutional rights, but should instead enforce the rights that the Constitution enshrines. In "Regulatory Rights," Larry Yackle sets out to convince readers that such arguments fundamentally misconceive both the work that justices do and the character of the American Constitution in whose name they do it. It matters who sits on the Supreme Court, he argues, precisely because justices "do" create individual constitutional rights.
Traversing a wide range of Supreme Court decisions that established crucial precedents about racial discrimination, the death penalty, and sexual freedom, Yackle contends that the rights we enjoy are neither more nor less than what the justices choose to make of them. "Regulatory Rights" is a bracing read that will be heatedly debated by all those interested in constitutional law and the judiciary.

Industry Reviews

"Regulatory Rights is a book of great erudition and insight. The results are radical, but if you want to disagree with Larry Yackle, you need to grapple with the persuasive power of his interpretation of individual-rights jurisprudence. Controversial, but an indispensable read, this book will become one of the benchmarks of serious thought about constitutional law." - H. Jefferson Powell, Duke University"

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You Can Find This Book In

Non-Fiction Law Laws of Specific Jurisdictions Constitutional & Administrative Law Politics & Government Political Control & Freedoms Human Rights Civil Rights & Citizenship Central Government Social Services & Welfare Social Welfare & Social Services Emergency Services

Police & Security Services Legal System in General Courts & Procedure Jurisprudence & General Issues Political Structure & Processes Constitution & The Government & The State Study & Revision Guides for Law

Acknowledgments	p. xi
Introduction	p. 1
The Documentary Constitution	p. 11
Constitutional Law	p. 13
Explanations	p. 15
The Constancy of a Writing	p. 15
The Legitimacy of a Compact	p. 19
A Constitution Made by Judges	p. 23
Textualism	p. 25
Yawning Gaps	p. 27
Vague and Ambiguous Terms	p. 29
The Analogy to Statutes	p. 30
The Text Writ Large	p. 31
The Text in Context	p. 32
Negative Examples	p. 35
Originalism	p. 40
The Framers	p. 41
The Founding Generation	p. 47
More Negative Examples	p. 48
Constitutional Common Law	p. 52
Rights	p. 57
Natural Rights	p. 58
Rights and Formalism	p. 61
The Positive Present	p. 62
Markets	p. 64
The Unregulated Baseline	p. 64
The Regulatory Present	p. 66
The Public Interest	p. 68
Natural Rights (Again)	p. 68
The Police Power	p. 70
Formalism (Again)	p. 72
Laissez-Faire	p. 74
Class Legislation	p. 76
Efficiency and Elections	p. 79
Regulatory Rights	p. 83
Preliminaries	p. 84
Restraints Neither Internal nor External	p. 84
Regulatory Rights in the Literature	p. 87
Due Process	p. 94
The Substance of Process	p. 95
Market Freedom	p. 97
Fundamental Interests	p. 99
Procedural Rights	p. 101
Substantive Rights	p. 101
Beyond the Bill of Rights	p. 102
Abusive Behavior	p. 104
Equal Protection	p. 106
Equality and Purpose	p. 107
The Overlap with Due Process	p. 108
Classifications	p. 113
Ordinary Classifications	p. 113
Fundamental Interests (Again)	p. 114
Suspicious Classifications	p. 114
Freedom of Expression	p. 115
Free Speech	p. 116
Freedom of Religion	p. 119
Cruel and Unusual Punishments	p. 120
Rational Instrumentalism	p. 125
Standards of Review	p. 126
The Rational-Basis Test	p. 128
Close Scrutiny	p. 129
Means	p. 135
The Level-of-Generality Question	p. 135
Disproportionate Impact	p. 139
Knowing a Means by Its Purpose	p. 144
Individual Interests	p. 144
Rights (Again)	p. 145
The Level-of-Generality Question (Again)	p. 148
Ends	p. 152
The Search for Purpose	p. 153
Techniques	p. 157
Illustrations	p. 158
A Purpose to Work With	p. 159
Compelling Objectives	p. 163
Impermissible Explanations	p. 167
Tautological Ends	p. 168
Of Conduct and Status	p. 169
Conclusion	p. 172
Notes	p. 175
Index	p. 253
Table of Contents provided by Ingram. All Rights Reserved.

Regulatory Rights

Supreme Court Activism, the Public Interest, and the Making of Constitutional Law

At a Glance

Hardcover

Industry Reviews

Shipping

How to return your order

Defective items

You Can Find This Book In

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