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Regulatory Rights
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Regulatory Rights: Supreme Court Activism, the Public Interest, and the Making of Constitutional Law

Larry Yackle

Abstract

We often hear—with particular frequency during recent Supreme Court nomination hearings—that justices should not create constitutional rights, but should instead enforce the rights that the Constitution enshrines. This book 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. It matters who sits on the Supreme Court, the author argues, precisely because justices do create individual constitutional rights. Traversing a range of Supreme Court decisions that established cr ... More

Keywords: Supreme Court, nomination hearings, constitutional rights, justices, American Constitution, racial discrimination, death penalty, sexual freedom

Bibliographic Information

Print publication date: 2007 Print ISBN-13: 9780226944715
Published to Chicago Scholarship Online: March 2013 DOI:10.7208/chicago/9780226944739.001.0001

Authors

Affiliations are at time of print publication.

Larry Yackle, author

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