The Rehnquist Legacy

Craig Bradley is the James Louis Calamaras Professor of Law at the Indiana University Law School in Bloomington, Indiana. Prior to entering teaching, Prof. Bradley served as an Assistant United States Attorney in Washington, D.C., as a Law Clerk to Justice William Rehnquist of the United States Supreme Court, and as Senior Trial Attorney in the Public Integrity Section of the United States Department of Justice. Since entering teaching Prof. Bradley has specialized in Criminal Procedure, Federal Criminal Law and Comparative Criminal Procedure. His previous publications include The Failure of the Criminal Procedure Revolution (U. of Pa. Press, 1993) and Criminal Procedure: A Worldwide Study (Carolina Academic Press, 1999). He has published over forty law journal articles in such journals as the Harvard Law Review, the Supreme Court Review and many others. He writes a bi-monthly column on Supreme Court criminal procedure cases for Trial magazine, the magazine of the American Association of Trial Lawyers.

"Craig M. Bradley's trenchant collection on the judicial opinions of the late chief justice of the United States offers one of the first and most comprehensive overviews since William Hubbs Rehnquist's sudden death from thyroid cancer in September of 2005. A necessarily ambitious and weighty volume (its subject had the fifth longest term on the court, 1972-2005, and the fourth longest stay as Chief, 1986-2005), its contributors are all noted scholars in their respective areas, with one exception from law schools and political science departments. They assay a variety of perspectives on and approaches to their subjects, and unlike much constitutional commentary in these polemical days, write solely to explicate Rehnquist's contribution to American law. In this effort, this book succeeds admirably" - Williamjames Hull Hoffer, Department of History, Seton Hall University, H-NET

• Foreword; Introduction; Part I. The First Amendment: 1. The hustler: Justice Rehnquist and the freedom of speech or of the press Geoffrey Stone; 2. Less is more: Justice Rehnquist, the freedom of speech and democracy Richard Garnett; 3. 'I Give Up!' William Rehnquist and commercial speech Earl Maltz; 4. Indirect funding and the establishment clause: Rehnquist's trumphant vision of neutrality and private choice Daniel Conkle; Part II. Criminal Procedure: 5. The fourth amendment: 'be reasonable' Craig Bradley; 6. Dickerson v. United States: the case that disappointed Miranda's critics - and then its supporters Yale Kamisar; 7. Against the tide: Rehnquist's efforts to curtail the right to counsel James Tomkovicz; 8. Narrowing Habeas Corpus Joseph Hoffman; Part III. The Structure of Government: 9. The federalist vision of William Rehnquist Mark Tushnet; 10. Federalism and the spending power from Dole to Birmingham Board of Education Lynn Baker; 11. Upholding the independent prosecutor Daniel Farber; 12. The battle over state immunity William Marshall; 13. Transcending the routine: methodology and constitutional values in Chief Justice Rehnquist's Statutory Cases Philip Frickey; 14. Rehnquist and Federalism: an empirical analysis Ruth Colker and Kevin Scott; Part IV. The Scope of Fourteenth Amendment Rights: 15. Abortion: a mixed and unsettled legacy Dawn Johnsen; 16. Substantive due process, public opinion, and the right to die Neal Devins; 17. Privatizing the constitution: state action and beyond David Barron.