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图书目录:Acknowledgments
Note on Sources Introduction: The Relative Autonomy of Law Part I. The Difference between Law and Politics 1 They Are All Activists Now 2 Is There a Distinction between Law and Politics? Yes, and the Bush v. Gore Decision Proves It 3 Clarence Thomas's Challenge ro the Rehnquist Court's vision of Representative Government 4 Does Federal Tort Reform Unduly Infringe State Sovereignty? Part II. Aid and Comfort to the Enemy 5 The Supreme Court Case that Pits Free Speech against Church-State Separation 6 How Abortion Politics Impedes Clear Thinking on Other Issues Involving Fetuses 7 Why the Lawsuit Challenging Tennessee's "Choose Life" License Plates Should Fail 8 Three Bad Reasons--and One Very Good Reason--to Oppose a Constitutional Amendment Barring Same-Sex Marriage 9 A Federal Appeals Court Rules that Universities Can Bar Military Recruiters without Losing Federal Grant Money: A Welcome Result Based on Flawed Reasoning 10 Justice Scalia's Persuasive but Elitist Response to the Duck Hunting Controversy 11 Can a State Make It a Crime to Refuse to IdentitY" Yourself to the Police? In a Narrow Ruling, the Supreme Court Says Yes 12 Why Swift Boat Veterans for Truth and Other Organizations Can't Be Silenced I3 Does the Constitution Permit the Blue States to Secede? With Permission. Perhaps: Unilaterally. No 14 How the Schiav Federal Court Case Might Have Been Won Part III. In Defense of Liberal Judging 15 Washington Yankees in King Arthur's Court: The Supreme Court Journeys to Eighteenth-Century England to Define the Rights of Twenty-First-Century Americans 16 How a Recent, Unanimous Supreme Court Public Housing Decision 'Exiles Compassion lrom the province of Juugmg 17 Could Justice Scalia's Affirmative Action I)issent Become a Self-Fulfilling Prophecy'? 18 Is There a Constitutional .R.ight to Sexual Privacy? Finding None, a Federal Appeals Court Upholds Alabama's Sex Toy' Prohibition Part IV. Liberty, Security, and War 19 What Is an "Unlawful Combatant," and Why It Matters: The Status of Detained al-Qaeda and Taliban Fighters 20 The Justice Department's Change of Heart Regarding Torture: A Fair-Minded and Praiseworthy Analvsis that Could Have Gone Still Further 21 Who Decides Whether Yaser Hamdi. or Any Other Citizen, Is an Enemy Combatant? 22 Bush Loses in the Supreme Court and America Wins 23 Is Iraq in "Material Breach" of Its Obligations under the UN Resolution? A Geopolitical Question, Not Simply a Legal One 24 Is the War on Iraq Lawful? 25 Why Congressional Power to Declare War Does Not Provide an Effective Check on the President 26 Kerr/Stands by His Iraq War Vote, and with Bush, against Constitutional Law Principles Part V. The Global Village 27 When American States Execute Citizens of Foreign Countries: The Case of Gerardo Valdez 28 Can One Nation Arrest the Foreign Minister of Another? The World Court Says No 29 Should Foreigners Be Permitted to Make Campaign Contributions to U.S. Candidates? Surprisingly, the Answer May Be Yes 30 The Hidden International Influence in the Supreme Court Decision Barring Executions of the Mentally Retarded 31 The Use of Foreign Law in American Constitutional Interpretation: A Revealing Colloquy between Justices Scalia and Breyer 32 Can Ethnic Hatred Be Eliminated by Eliminating Ethnicity? The Rwanda Experiment 33 What a Chinese Height Discrimination Case Says about Chinese (and American) Constitutional Law Part VI. The Rule of Law (yers) 34 Debate over an ABA Legal Ethics Rule Underscores Lawyers' Competing Obligations to Keep Secret and to Disclose 35 Can the Legal Profession Improve Its Image? Americans Believe LaWYCrS Arc Ncccsary but Dishonest, Survcy Finds 36 Americans' Faith in the Supreme Court--and in the Constitution: Survey Shows Bush v. Gore's Effect Was Limited 37 Whose Constitution Is It Anyway? What Americans Don't Know about the Constitution--and Why It Matters 38 Unsolicited Advice to Law School Applicants: With Prospects Newly Limited, Be Sure You Want to Become a Lawyer 39 How to "Think Like a Lawyer": Advice to New and Prospective Law Students Appendix Table of Cases Index About the Author |