Cambridge, Mass. : Harvard University Press, 2000.
Book — 1 online resource (x, 385 pages)
I. Complicating the Conventional Account. 1. The Conventional Account. 2. The Transformation of the Constitutional Jurisprudence of Foreign Relations: The Orthodox Regime under Stress. 3. The Triumph of Executive Discretion in Foreign Relations. 4. The Emergence of Agency Government and the Creation of Administrative Law. 5. The Emergence of Free Speech
II. The Constitutional Revolution as Jurisprudential Crisis. 6. The Restatement Project and the Crisis of Early Twentieth-Century Jurisprudence. 7. The Constitutional Revolution as a Crisis in Adaptivity
III. The Creation of Triumphalist Narratives. 8. The Myths of Substantive Due Process. 9. The Canonization and Demonization of Judges. 10. Cabining the New Deal in Time.