|
|
|
One Case at a Time
Judicial Minimalism on the Supreme Court
 |
Browse |
 |
|
|
by Cass R. Sunstein
Harvard University Press
Due/Published
March 2001, 304 pages,
paper
ISBN
0674005791
Cass Sunstein mounts a defense of the most striking characteristic of modern constitutional law: the inclination to decide one case at a time. Examining various controversies, he shows how - and why - the Court has avoided broad rulings on issues from the legitimacy of affirmative action to the "right to die," and in doing so has fostered rather than foreclosed public debate on these hard topics. He offers an original perspective on the right of free speech and the many novel questions raised by Congress's efforts to regulate violent and sexual materials on new media such as the Internet and cable television. And on the relationship between the Constitution and homosexuality and sex discrimination, he reveals how the Court has tried to ensure against second-class citizenship - and the public expression of contempt for anyone - while leaving a degree of flexibility to the political process. One Case at a Time also lays out, and celebrates, the remarkable constellation of rights - involving both liberty and equality - that now commands a consensus in American law. |
|
