Regulatory Rights

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A01=Larry Yackle
academic
activism
activist
america
american
Author_Larry Yackle
Category=LNAA
Category=LND
classroom
college
constitution
constitutional
courtroom
eq_isMigrated=1
eq_nobargain
equality
federal
formalism
hearings
higher ed
judge
justice
law
legal
litigation
nomination
nominee
originalism
professor
public
purpose
research
scholarly
school
supreme court
textbook
united states
university
usa

Product details

  • ISBN 9780226944715
  • Weight: 510g
  • Dimensions: 16 x 24mm
  • Publication Date: 01 Oct 2007
  • Publisher: The University of Chicago Press
  • Publication City/Country: US
  • Product Form: Hardback
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We have often heard - 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. In "Regulatory Rights", Larry Yackle 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, he argues, precisely because justices do create individual constitutional rights. Traversing a wide range of Supreme Court decisions that established crucial precedents about racial discrimination, the death penalty, and sexual freedom, Yackle contends that the rights we enjoy are neither more nor less than what the justices choose to make of them. "Regulatory Rights" is a bracing read that will be hotly debated by all those interested in constitutional law and the judiciary.
Larry Yackle is professor of law and the Basil Yanakakis Research Scholar at Boston University School of Law. He is the author of several books, including Reclaiming the Federal Courts and Reform and Regret.

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