Embattled Constitution

Norman Dorsen was Stokes Professor of Law, New York University School of Law, the former president of the ACLU and former Chairman of the Lawyers Committee for Human Rights. He is author or editor of nine books.Catharine DeJulio is an Associate in the law firm of Sidley Austin LLP. She received her J.D. from New York University School of Law in 2011. During law school, she served as Editor-in-Chief of the New York University Law Review.

An indispensable and provocative guide through the thicket of today's most challenging constitutional controversies by some of the most eminent judges of their time. It offers an invaluable peek behind the curtain of judicial decision making. - David Cole,Professor of Law, Georgetown University The unique value of the book is also clear, especially when we consider it as the fourth volume in the James Madison lecture series. The participating judges had the rather uncommon luxury of expressing their views on laws and legal institutions freed from the normal constraints of writing opinions in the course of deciding specific cases. The subjects they selected - be they identifying judicial role models, examining the methodology of judging, or examining problems facing the judiciary - represent issues, problems, and reforms of great importance to them. In addition to the value of their individual efforts, the four volumes that preserve the Madison lectures provide an interesting insight into the evolving concerns of American jurists over past half century. - Thomas G. Walker (The Law and Politics Book Review)

• ContentsAcknowledgments ixIntroduction 1Norman Dorsen1 Our Democratic Constitution 7Stephen Breyer2 Federal and State Courts: Restoring a Workable Balance 37Guido Calabresi3 Judicial Methodology, Southern School Desegregation, 55and the Rule of LawDavid S. Tatel4 Our Eighteenth-Century Constitution 107in the Twenty-First-Century WorldDiane P. Wood5 Judging under the Constitution: Dicta about Dictum 139Pierre N. Leval6 Judge Henry Friendly and the Mirror of Constitutional Law 169Michael Boudin7 Toward One America: A Vision in Law 193J. Harvie Wilkinson III8 Securing Fragile Foundations: Affirmative 207Constitutional Adjudication in Federal CourtsMarsha S. Berzonviii " contents9 Reading the Fourth Amendment: Guidance 245from the Mischief That Gave It BirthM. Blane Michael10 Living Our Traditions 273Robert H. Henry11 Statutes 297Robert A. KatzmannAbout the Contributors 357About the Editors 359Index 361