Synopsis
We often hearOCowith particular frequency during recent Supreme Court nomination hearingsOCothat justices should not create constitutional rights, but should instead enforce the rights that the Constitution enshrines. In "Regulatory Rights," Larry Yackle sets out to convince readers that such arguments fundamentally misconceive both the work that justices do and the character of the American Constitution in whose name they do it.a It matters who sits on the Supreme Court, he argues, precisely because justices "do" create individual constitutional rights. Traversing a wide range of Supreme Court decisions that established crucial precedents about racial discrimination, the death penalty, and sexual freedom, Yackle contends that the rights we enjoy are neither more nor less than what the justices choose to make of them. "Regulatory Rights" is a bracing read that will be heatedly debated by all those interested in constitutional law and the judiciary."
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Review
"Yackle has provided a clear and innovative perspective on constitutional analysis and meaning, which ambitiously expands upon the staid, conventional approaches to constitutional interpretation."--Amanda Harmon Cooley "Law and Politics "
About the Author
Larry Yackle is professor of law and the Basil Yanakakis Research Scholar at Boston University School of Law. He is the author of several books, including Reclaiming the Federal Courts and Reform and Regret.
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