Richard H. Fallon, Jr's Books

Implementing the Constitution

By: Richard H. FALLON

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This book argues that the Supreme Court performs two functions. The first is to identify the Constitution's idealized "meaning." The second is to develop tests and doctrines to realize that meaning in practice. Bridging the gap between the two--implementing the Constitution--requires moral vision, but also practical wisdom and common sense, ingenuity, and occasionally a willingness to make compromises. In emphasizing the Court's responsibility to make practical judgments, Implementing the Constitution takes issue with the two positions that have dominated recent debates about the Court's proper role. Constitutional "originalists" maintain that the Court's essential function is to identify the "original understanding" of constitutional language and then apply it deductively to current problems. This position is both unwise and unworkable, the book argues. It also critiques well-known accounts according to which the Court is concerned almost exclusively with matters of moral and constitutional principle. Implementing the Constitution bridges the worlds of constitutional theory, political theory, and constitutional practice. It illuminates the Supreme Court's decision of actual cases and its development of well-known doctrines. It is a doctrinal study that yields jurisprudential insights and a contribution to constitutional theory that is closely tied to actual judicial practice.

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216

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Harvard University Press

Published Date

ISBN 10

0674004647

ISBN 13

9780674004641

Law and Legitimacy in the Supreme Court

By: Richard H. Fallon Jr.

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Law and Legitimacy in the Supreme Court

By: Richard H. Fallon Jr.

Winner of the Thomas M. Cooley Book Prize, Georgetown Center on the Constitution Why do self-proclaimed constitutional “originalists” so regularly reach decisions with a politically conservative valence? Do “living constitutionalists” claim a license to reach whatever results they prefer, without regard to the Constitution’s language and history? In confronting these questions, Richard H. Fallon reframes and ultimately transcends familiar debates about constitutional law, constitutional theory, and judicial legitimacy. Drawing from ideas in legal scholarship, philosophy, and political science, Fallon presents a theory of judicial legitimacy based on an ideal of good faith in constitutional argumentation. Good faith demands that the Justices base their decisions only on legal arguments that they genuinely believe to be valid and are prepared to apply to similar future cases. Originalists are correct about this much. But good faith does not forbid the Justices to refine and adjust their interpretive theories in response to the novel challenges that new cases present. Fallon argues that theories of constitutional interpretation should be works in progress, not rigid formulas laid down in advance of the unforeseeable challenges that life and experience generate. Law and Legitimacy in the Supreme Court offers theories of constitutional law and judicial legitimacy that accept many tenets of legal realism but reject its corrosive cynicism. Fallon’s account both illuminates current practice and prescribes urgently needed responses to a legitimacy crisis in which the Supreme Court is increasingly enmeshed.

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237

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Harvard University Press

Published Date

ISBN 10

0674986091

ISBN 13

9780674986091

The Nature of Constitutional Rights

The Invention and Logic of Strict Judicial Scrutiny

By: Richard H. Fallon Jr.

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The Nature of Constitutional Rights

The Invention and Logic of Strict Judicial Scrutiny

By: Richard H. Fallon Jr.

Explains constitutional rights, how courts must identify them, and why their protections are more limited than most people think.

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223

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Cambridge University Press

Published Date

ISBN 10

1108483267

ISBN 13

9781108483261

The Dynamic Constitution

An Introduction to American Constitutional Law and Practice

By: Richard H. Fallon, Jr

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The Dynamic Constitution

An Introduction to American Constitutional Law and Practice

By: Richard H. Fallon, Jr

In this revised and updated second edition of The Dynamic Constitution, Richard H. Fallon, Jr provides an engaging, sophisticated introduction to American constitutional law. Suitable for lawyers and non-lawyers alike, this book discusses contemporary constitutional doctrine involving such issues as freedom of speech, freedom of religion, rights to privacy and sexual autonomy, the death penalty, and the powers of Congress. Through examples of Supreme Court cases and portraits of past and present Justices, this book dramatizes the historical and cultural factors that have shaped constitutional law. The Dynamic Constitution, 2nd edition, combines detailed explication of current doctrine with insightful analysis of the political culture and theoretical debates in which constitutional practice is situated. Professor Fallon uses insights from political science to explain some aspects of constitutional evolution and emphasizes features of the judicial process that distinguish constitutional law from ordinary politics.

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433

Publisher

Cambridge University Press

Published Date

ISBN 10

113961987X

ISBN 13

9781139619875

Implementing the Constitution

By: Richard H. FALLON,Richard H Fallon

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Implementing the Constitution

By: Richard H. FALLON,Richard H Fallon

This book argues that the Supreme Court performs two functions. The first is to identify the Constitution's idealized "meaning." The second is to develop tests and doctrines to realize that meaning in practice. Bridging the gap between the two--implementing the Constitution--requires moral vision, but also practical wisdom and common sense, ingenuity, and occasionally a willingness to make compromises. In emphasizing the Court's responsibility to make practical judgments, "Implementing the Constitution" takes issue with the two positions that have dominated recent debates about the Court's proper role. Constitutional "originalists" maintain that the Court's essential function is to identify the "original understanding" of constitutional language and then apply it deductively to current problems. This position is both unwise and unworkable, the book argues. It also critiques well-known accounts according to which the Court is concerned almost exclusively with matters of moral and constitutional principle. "Implementing the Constitution" bridges the worlds of constitutional theory, political theory, and constitutional practice. It illuminates the Supreme Court's decision of actual cases and its development of well-known doctrines. It is a doctrinal study that yields jurisprudential insights and a contribution to constitutional theory that is closely tied to actual judicial practice.

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199

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Harvard University Press

Published Date

ISBN 10

0674036670

ISBN 13

9780674036673

The Dynamic Constitution

An Introduction to American Constitutional Law

By: Richard H. Fallon

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The Dynamic Constitution

An Introduction to American Constitutional Law

By: Richard H. Fallon

[In this book, the author] introduces non-lawyers to the workings of American constitutional law. He writes about leading constitutional doctrines and issues, including freedom of speech and religion, the guarantee of equal protection, rights to fair procedures, and rights to privacy and sexual autonomy. [He] describes many of the ... cases and personalities that have shaped constitutional law, demonstrating how historical, cultural, and other factors have influenced constitutional adjudication. Furthermore, [he] argues that the Constitution must serve as a dynamic document that adapts to the changing conditions inherent in human affairs.-Dust jacket.

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360

Publisher

Cambridge University Press

Published Date

ISBN 10

0521840945

ISBN 13

9780521840941

The Dynamic Constitution

An Introduction to American Constitutional Law and Practice

By: Richard H. Fallon

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The Dynamic Constitution

An Introduction to American Constitutional Law and Practice

By: Richard H. Fallon

In this revised second edition of The Dynamic Constitution, Richard H. Fallon, Jr provides an engaging, sophisticated introduction to American constitutional law.

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433

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Cambridge University Press

Published Date

ISBN 10

1107021405

ISBN 13

9781107021402

Frontiers of Legal Theory

By: Richard A. Posner

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Frontiers of Legal Theory

By: Richard A. Posner

The most exciting development in legal thinking since World War II has been the growth of interdisciplinary legal studies. Judge Richard Posner has been a leader in this movement, and his new book explores its rapidly expanding frontier.

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474

Publisher

Harvard University Press

Published Date

ISBN 10

0674013603

ISBN 13

9780674013605

Divergent Paths

The Academy and the Judiciary

By: Richard A. Posner

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Divergent Paths

The Academy and the Judiciary

By: Richard A. Posner

Judges and legal scholars talk past one another, if they have any conversation at all. Academics criticize judicial decisions in theoretical terms, which leads many judges to dismiss academic discourse as divorced from reality. Richard Posner reflects on the causes and consequences of this widening gap and what can be done to close it.

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432

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Harvard University Press

Published Date

ISBN 10

0674286030

ISBN 13

9780674286030

2006 Supplement to Constitutional Law

Cases-comments-questions, Tenth Edition

By: Jesse H. Choper,Richard H. Fallon, Jr.,Yale Kamisar,Steven H. Shiffrin

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2006 Supplement to Constitutional Law

Cases-comments-questions, Tenth Edition

By: Jesse H. Choper,Richard H. Fallon, Jr.,Yale Kamisar,Steven H. Shiffrin

Supplement to Choper, Fallon, Kamisar & Shiffrin's Constitutional Law: Cases & Comments?Questions, 10th

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West Academic Publishing

Published Date

ISBN 10

0314168192

ISBN 13

9780314168191

The Nature of Constitutional Rights

The Invention and Logic of Strict Judicial Scrutiny

By: Richard H. Fallon Jr.

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The Nature of Constitutional Rights

The Invention and Logic of Strict Judicial Scrutiny

By: Richard H. Fallon Jr.

What does it mean to have a constitutional right in an era in which most rights must yield to 'compelling governmental interests'? After recounting the little-known history of the invention of the compelling-interest formula during the 1960s, The Nature of Constitutional Rights examines what must be true about constitutional rights for them to be identified and enforced via 'strict scrutiny' and other, similar, judge-crafted tests. The book's answers not only enrich philosophical understanding of the concept of a 'right', but also produce important practical payoffs. Its insights should affect how courts decide cases and how citizens should think about the judicial role. Contributing to the conversation between originalists and legal realists, Richard H. Fallon, Jr explains what constitutional rights are, what courts must do to identify them, and why the protections that they afford are more limited than most people think.

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223

Publisher

Cambridge University Press

Published Date

ISBN 10

1108651879

ISBN 13

9781108651875

Hart and Wechsler's the Federal Courts and the Federal System Supplement

By: Richard H. Fallon, JR.,John F. Manning,Daniel J. Meltzer,David L. Shapiro

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Hart and Wechsler's the Federal Courts and the Federal System Supplement

By: Richard H. Fallon, JR.,John F. Manning,Daniel J. Meltzer,David L. Shapiro

This 2008 Supplement updates the main text with recent developments. Topics discussed include the development and structure of the federal judicial system; cases and controversies; the original jurisdiction of the Supreme Court; the distribution of judicial power among federal and state courts; review of state court decisions by the Supreme Court; civil actions in the district courts; federal common law; jurisdiction of the district courts; suits challenging official action; limitations on district court jurisdiction; federal habeas corpus; problems of district court jurisdiction; and appellate review of federal decisions.

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Page Count

324

Publisher

Foundation Press

Published Date

ISBN 10

1599414716

ISBN 13

9781599414713

Mass Torts in a World of Settlement

By: Richard A. Nagareda

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Mass Torts in a World of Settlement

By: Richard A. Nagareda

The traditional definition of torts involves bizarre, idiosyncratic events where a single plaintiff with a physical impairment sues the specific defendant he believes to have wrongfully caused that malady. Yet public attention has focused increasingly on mass personal-injury lawsuits over asbestos, cigarettes, guns, the diet drug fen-phen, breast implants, and, most recently, Vioxx. Richard A. Nagareda’s Mass Torts in a World of Settlement is the first attempt to analyze the lawyer’s role in this world of high-stakes, multibillion-dollar litigation. These mass settlements, Nagareda argues, have transformed the legal system so acutely that rival teams of lawyers operate as sophisticated governing powers rather than litigators. His controversial solution is the replacement of the existing tort system with a private administrative framework to address both current and future claims. This book is a must-read for concerned citizens, policymakers, lawyers, investors, and executives grappling with the changing face of mass torts.

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348

Publisher

University of Chicago Press

Published Date

ISBN 10

0226567621

ISBN 13

9780226567624

Law and Legitimacy in the Supreme Court

By: Richard H. Fallon

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Law and Legitimacy in the Supreme Court

By: Richard H. Fallon

Legitimacy and judicial authority -- Constitutional meaning : original public meaning -- Constitutional meaning : varieties of history that matter -- Law in the Supreme Court : jurisprudential foundations -- Constitutional constraints -- Constitutional theory and its relation to constitutional practice -- Sociological, legal, and moral legitimacy : today and tomorrow

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Page Count

237

Publisher

Harvard University Press

Published Date

ISBN 10

0674975812

ISBN 13

9780674975811

The Dynamic Constitution

An Introduction to American Constitutional Law and Practice

By: Richard H. Fallon

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The Dynamic Constitution

An Introduction to American Constitutional Law and Practice

By: Richard H. Fallon

In this revised second edition of The Dynamic Constitution, Richard H. Fallon, Jr provides an engaging, sophisticated introduction to American constitutional law.

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Solve jigsaw puzzle

Age

Page Count

433

Publisher

Cambridge University Press

Published Date

ISBN 10

1107021405

ISBN 13

9781107021402

Book's by Richard H. Fallon, Jr

Implementing the Constitution

Implementing the Constitution

Law and Legitimacy in the Supreme Court

Law and Legitimacy in the Supreme Court

The Nature of Constitutional Rights

The Nature of Constitutional Rights

The Dynamic Constitution

The Dynamic Constitution

Implementing the Constitution

Implementing the Constitution

The Dynamic Constitution

The Dynamic Constitution

The Dynamic Constitution

The Dynamic Constitution

Frontiers of Legal Theory

Frontiers of Legal Theory

Divergent Paths

Divergent Paths

2006 Supplement to Constitutional Law

2006 Supplement to Constitutional Law

The Nature of Constitutional Rights

The Nature of Constitutional Rights

Hart and Wechsler's the Federal Courts and the Federal System Supplement

Hart and Wechsler's the Federal Courts and the Federal System Supplement

Mass Torts in a World of Settlement

Mass Torts in a World of Settlement

Law and Legitimacy in the Supreme Court

Law and Legitimacy in the Supreme Court

The Dynamic Constitution

The Dynamic Constitution

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