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Book
xiv, 189 pages ; 24 cm
  • The decline of education
  • The destruction of commitment
  • The demise of law
  • The loss of home
  • The distaste for service
  • The passing of unity
  • The fall of faith.
Law Library (Crown)
Book
xii, 161 p. ; 23 cm.
  • Editor's Note -- Introduction -- I. Living Constitutionalism: Activism Unleashed -- II. Originalism: Activism Masquerading as Restraint -- III. Political Process Theory: A Third Way Down the Rabbit Hole -- IV. Pragmatism: Activism Through Antitheory -- V. The Failure of Cosmic Constitutional Theory.
  • (source: Nielsen Book Data)9780199846016 20160607
American constitutional law has undergone a transformation. Issues once left to the people have increasingly become the province of the courts. Subjects as diverse as abortion rights and firearms regulations, health care reform and counterterrorism efforts, not to mention a millennial presidential election, are more and more the domain of judges. What sparked this development? In this engaging volume, Judge J. Harvie Wilkinson argues that America's most brilliant legal minds have launched a set of cosmic constitutional theories that, for all their value, are undermining self-governance. Thinkers as diverse as Justices William Brennan and Antonin Scalia, Professor John Hart Ely, Judges Robert Bork and Richard Posner, have all produced seminal interpretations of our Founding document, but ones that promise to imbue courts with unprecedented powers. While crediting the theorists for the sparkling quality of their thoughts, Judge Wilkinson argues they will slowly erode the role of representative institutions in America and leave our children bereft of democratic liberty. The loser in all the theoretical fireworks is the old and honorable tradition of judicial restraint. The judicial modesty once practiced by Learned Hand, John Harlan, and Oliver Wendell Holmes has given way to competing schools of liberal and conservative activism seeking sanctuary in Living Constitutionalism, Originalism, Process Theory, or the supposedly anti-theoretical creed of Pragmatism. Each of these seemingly disparate theories promises their followers an intellectually respectable route to congenial political outcomes from the bench. Judge Wilkinson calls for a plainer, simpler, self-disciplined commitment to judicial restraint and democratic governance, a course that alas may be impossible so long as the cosmic constitutionalists so dominate contemporary legal thought.
(source: Nielsen Book Data)9780199846016 20160607
Green Library
Book
xii, 161 p. ; 23 cm.
  • Introduction
  • Living constitutionalism : activism unleashed
  • Originalism : activism masquerading as restraint
  • Political process theory : a third way down the rabbit hole
  • Pragmatism : activism through antitheory
  • The failure of cosmic constitutional theory.
American constitutional law has undergone a transformation. Issues once left to the people have increasingly become the province of the courts. Subjects as diverse as abortion rights and firearms regulations, health care reform and counterterrorism efforts, not to mention a millennial presidential election, are more and more the domain of judges. What sparked this development? In this engaging volume, Judge J. Harvie Wilkinson argues that America's most brilliant legal minds have launched a set of cosmic constitutional theories that, for all their value, are undermining self-governance. Thinkers as diverse as Justices William Brennan and Antonin Scalia, Professor John Hart Ely, Judges Robert Bork and Richard Posner, have all produced seminal interpretations of our Founding document, but ones that promise to imbue courts with unprecedented powers. While crediting the theorists for the sparkling quality of their thoughts, Judge Wilkinson argues they will slowly erode the role of representative institutions in America and leave our children bereft of democratic liberty. The loser in all the theoretical fireworks is the old and honorable tradition of judicial restraint. The judicial modesty once practiced by Learned Hand, John Harlan, and Oliver Wendell Holmes has given way to competing schools of liberal and conservative activism seeking sanctuary in Living Constitutionalism, Originalism, Process Theory, or the supposedly anti-theoretical creed of Pragmatism. Each of these seemingly disparate theories promises their followers an intellectually respectable route to congenial political outcomes from the bench. Judge Wilkinson calls for a plainer, simpler, self-disciplined commitment to judicial restraint and democratic governance, a course that alas may be impossible so long as the cosmic constitutionalists so dominate contemporary legal thought.
(source: Nielsen Book Data)9780199846016 20160607
Law Library (Crown)
LAW-7045-01
Book
ix, 294 p. ; 22 cm.
  • New America-- The Medley of America-- Making the Medley Work-- The Legacy Of Brown-- The Integrative Ideal-- The Specter of Separatism-- Civil Rights At The Crossroads-- Separatist Politics-- Separatist Entitlements-- Separatist Education-- Separatist Speech-- The Future Of New America-- The Future of New America.
  • (source: Nielsen Book Data)9780201180725 20160528
Judge J. Harvie Wilkinson warns that we are courting racial and ethnic separation at the very moment we should be seeking unity. Rather than unite us, even well-intended separatism solidifies racial barricades and guarantees our country a future of ethnic strife. One Nation Indivisible challenges us as Americansdo we want to enter the twenty-first century united or separate? One Nation Indivisible is a warning about the future of America: If we continue to pursue policies of racial separation, our children and grandchildren may no longer be citizens of one great and united land.Judge J. Harvie Wilkinson warns that we are courting racial and ethnic separation at the very moment we should be seeking unity. Both majorities and minorities are adopting separatist practices, and even our courts endorse separatist principles at the expense of equal treatment under the law. For Wilkinson, these policies are chilling echoes of the rigid division he recalls from growing up in a segregated state. Rather than unite us, even well-intended separatism solidifies racial barriers and guarantees our country a future of ethnic strife.Wilkinson praises the multiculturalism of New America, criticizing those who assail immigration or belittle the contributions of minorities. But he laments the dangers of affirmative action based on racial goals and the pitfalls of education that does not help immigrants acculturate. He uses his own run for Congress to show how voting districts drawn on racial lines marginalize minorities. Rejecting the notion of an Inaccessible Racial Experience, he warns that speech codes based on that idea prevent us from even discussing our problems. One Nation Indivisible challenges us as Americansdo we want to enter the twenty-first century united or separate? If we do not change our course, Wilkinson warns, our hopes for national unity will be overtaken by the reality of racial division.
(source: Nielsen Book Data)9780201180725 20160528
Law Library (Crown)
Book
ix, 294 p. ; 22 cm.
  • New America-- The Medley of America-- Making the Medley Work-- The Legacy Of Brown-- The Integrative Ideal-- The Specter of Separatism-- Civil Rights At The Crossroads-- Separatist Politics-- Separatist Entitlements-- Separatist Education-- Separatist Speech-- The Future Of New America-- The Future of New America.
  • (source: Nielsen Book Data)9780201180725 20160528
Judge J. Harvie Wilkinson warns that we are courting racial and ethnic separation at the very moment we should be seeking unity. Rather than unite us, even well-intended separatism solidifies racial barricades and guarantees our country a future of ethnic strife. One Nation Indivisible challenges us as Americansdo we want to enter the twenty-first century united or separate? One Nation Indivisible is a warning about the future of America: If we continue to pursue policies of racial separation, our children and grandchildren may no longer be citizens of one great and united land.Judge J. Harvie Wilkinson warns that we are courting racial and ethnic separation at the very moment we should be seeking unity. Both majorities and minorities are adopting separatist practices, and even our courts endorse separatist principles at the expense of equal treatment under the law. For Wilkinson, these policies are chilling echoes of the rigid division he recalls from growing up in a segregated state. Rather than unite us, even well-intended separatism solidifies racial barriers and guarantees our country a future of ethnic strife.Wilkinson praises the multiculturalism of New America, criticizing those who assail immigration or belittle the contributions of minorities. But he laments the dangers of affirmative action based on racial goals and the pitfalls of education that does not help immigrants acculturate. He uses his own run for Congress to show how voting districts drawn on racial lines marginalize minorities. Rejecting the notion of an Inaccessible Racial Experience, he warns that speech codes based on that idea prevent us from even discussing our problems. One Nation Indivisible challenges us as Americansdo we want to enter the twenty-first century united or separate? If we do not change our course, Wilkinson warns, our hopes for national unity will be overtaken by the reality of racial division.
(source: Nielsen Book Data)9780201180725 20160528
SAL3 (off-campus storage)
Book
viii, 368 p. : ill. ; 24 cm.
Education Library (Cubberley), SAL3 (off-campus storage)
Book
viii, 368 p. ; 24 cm.
Law Library (Crown)
Book
xv, 207 p. ; 21 cm.
Law Library (Crown)
Book
xvi, 403 p. illus., maps, ports. 25 cm.
SAL3 (off-campus storage)

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