Intellect and craft : the contributions of Justice Hans Linde to American constitutionalism

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Intellect and craft : the contributions of Justice Hans Linde to American constitutionalism

edited by Robert F. Nagel

（New perspectives on law, culture, and society）

Westview Press, 1995

  • : alk. paper

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注記

Includes index

内容説明・目次

内容説明

In this rich collection of Justice Hans Lindes scholarly papers and legal opinions, we are given access to the product of one of the most distinguished judicial careers of our time. Linde has struggled like few others to conceive of constitutional interpretation in a way that avoids both crimped, irrelevant formalism and unrounded, overly-ambitious flights of fancy. Justice Hans Linde interrupted a distinguished academic career to serve on the Oregon Supreme Court, where he came to be viewed as one of the two or three most important state court judges in this century. Now in retirement from the bench, Linde continues to make significant scholarly contributions that are vitally enriched by his judicial experiences.In this carefully selected collection of Lindes academic articles and legal opinions, Robert Nagel focuses on the implications of Lindes views and practice for defining a realistic and useful role for judges in helping to preserve the institutions of liberal democracy. In particular, Linde has struggled like few others to conceive of constitutional interpretation in a way that avoids both crimped, irrelevant formalism and unrounded, overly ambitious flights of fancy.This volume makes available for the first time in one place a rich offering of the most important writings of this giant of contemporary jurisprudence. It should be a part of any legal library and will be essential reading for legal scholars, students, practicing lawyers, and judges alike.

目次

  • Introduction
  • Theory
  • Constitutional Rights in the Public Sector: Justice Douglas on Freedom in the Welfare State
  • Judges, Critics, and the Realist Tradition
  • Courts and Censorship
  • Due Process of Lawmaking
  • Are State Constitutions Common Law?
  • A Republic If You Can Keep It.
  • When Initiative Lawmaking Is Not Republican Government: The Campaign Against Homosexuality
  • Practice
  • Rights of Public Employees
  • Freedom of Speech
  • Equal Protection
  • Privacy
  • Rights in the Criminal Justice System
  • Judicial Power and Government Structure.

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