Don't Pee on My Leg and Tell Me It's Raining: America's Toughest Family Court Judge Speaks Out

Mark Tushnet (Author)

Who Am I to Judge?: Judicial Craft Versus Constitutional Theory

9, A leading legal scholar asks a fundamental question: Do we need a theory of constitutional interpretation? Do we need a theory of constitutional interpretation? It is a common argument among originalists that however objectionable you may find their theory, at least they have one, whereas their opponents do not have any theory at all. But as Mark Tushnet argues, for most of the Supreme Court's history, including some of its most exceptional periods, the Court operated without a theory. In this book, Tushnet shows us what a constitutional theory actually is; what judges need from it and why they probably can't get what they need; and the great harm that results when judges allow theory to dictate bad policy. It is not theory that matters, Tushnet argues. The vitally important, indispensable quality in a judge is good judgment.

Supreme Court (Editor)

United States Reports: Cases Adjudged in the Supreme Court

Jill Marshall (Editor)

Personal Identity and the European Court of Human Rights

In this new and burgeoning field in legal and human rights thought, this edited collection explor