The Rehnquist Legacy

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Overview

During the thirty-three years William 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, and written by a group of legal scholars each of whom is a specialist in the area covered by his/her chapter.

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Editorial Reviews

From the Publisher
"Craig M. Bradley's trenchant collection on the judicial opinions of the late chief justice of the United States offers one of the first and most comprehensive overviews since William Hubbs Rehnquist's sudden death from thyroid cancer in September of 2005. A necessarily ambitious and weighty volume (its subject had the fifth longest term on the court, 1972-2005, and the fourth longest stay as Chief, 1986-2005), its contributors are all noted scholars in their respective areas, with one exception from law schools and political science departments. They assay a variety of perspectives on and approaches to their subjects, and unlike much constitutional commentary in these polemical days, write solely to explicate Rehnquist's contribution to American law. In this effort, this book succeeds admirably" - Williamjames Hull Hoffer, Department of History, Seton Hall University, H-NET
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Product Details

  • ISBN-13: 9780521683661
  • Publisher: Cambridge University Press
  • Publication date: 12/19/2005
  • Edition description: New Edition
  • Pages: 416
  • Product dimensions: 5.98 (w) x 9.02 (h) x 0.94 (d)

Meet the Author

Craig Bradley is the James Louis Calamaras Professor of Law at the Indiana University Law School in Bloomington, Indiana. Prior to entering teaching, Prof. Bradley served as an Assistant United States Attorney in Washington, D.C., as a Law Clerk to Justice William Rehnquist of the United States Supreme Court, and as Senior Trial Attorney in the Public Integrity Section of the United States Department of Justice. Since entering teaching Prof. Bradley has specialized in Criminal Procedure, Federal Criminal Law and Comparative Criminal Procedure. His previous publications include The Failure of the Criminal Procedure Revolution (U. of Pa. Press, 1993) and Criminal Procedure: A Worldwide Study (Carolina Academic Press, 1999). He has published over forty law journal articles in such journals as the Harvard Law Review, the Supreme Court Review and many others. He writes a bi-monthly column on Supreme Court criminal procedure cases for Trial magazine, the magazine of the American Association of Trial Lawyers.

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Table of Contents

Foreword : the third Rehnquist court
Introduction 1
1 The Hustler : Justice Rehnquist and "the freedom of speech, or of the press" 11
2 Less is more : Justice Rehnquist, the freedom of speech, and democracy 26
3 "I give up!" : William Rehnquist and commercial speech 43
4 Indirect funding and the establishment clause : Rehnquist's triumphant vision of neutrality and private choice 54
5 The Fourth Amendment : be reasonable 81
6 Dickerson v. United States : the case that disappointed Miranda's critics - and then its supporters 106
7 Against the tide : Rehnquist's efforts to curtail expansion of the right to counsel 129
8 Narrowing Habeas Corpus 156
9 William Rehnquist's federalism 187
10 Federalism and the spending power from Dole to Birmingham Board of Education 205
11 The independent counsel case : a tale of two conservatives 222
12 The battle over state immunity 240
13 Transcending the routine : methodology and constitutional values in Chief Justice Rehnquist's statutory cases 266
14 Rehnquist and federalism : an empirical analysis 279
15 Abortion : a mixed and unsettled legacy 301
16 Substantive due process, public opinion, and the "right" to die 327
17 Privatizing the constitution : state action and beyond 345
18 The intractable problem of race 369
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