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American Constitutional Interpretation Selected American Constitutional Interpretation Selected Bibliographies Removed from the Fourth Edition Chapter 1 Ackerman, Bruce. "Discovering the Constitution," 93 Yale L.J. 1013 (1984). _______. "Liberating Abstraction," 59 U.Chi.L.Rev. 317 (1992). _______. We the People: Volume 1, Foundations (Cambridge: Harvard University Press, 1991). _______. We the People: Volume 2, Transformations (Cambridge: Harvard University Press, 1998). Arkes, Hadley. Beyond the Constitution (Princeton: Princeton University Press, 1990). Barber, Sotirios A. On What the Constitution Means (Baltimore: Johns Hopkins University Press, 1984). _______. The Constitution of Judicial Power (Baltimore: Johns Hopkins University Press, 1993). _______. Welfare and the Constitution (Princeton: Princeton University Press, 2003). _______ and Robert P. George, eds. Constitutional Politics: Essays on Constitution Making, Maintenance, and Change (Princeton: Princeton University Press, 2001). _______ and James E. Fleming. Constitutional Interpretation: The Basic Questions (New York: Oxford University Press, 2007). Berns, Walter. Taking the Constitution Seriously (New York: Simon & Schuster, 1987). Bobbitt, Philip. Constitutional Interpretation (Cambridge: Basil Blackwell, 1991). Bork, Robert H. The Tempting of America: The Political Seduction of the Law (New York: The Free Press, 1990). Brigham, John. Constitutional Language (Westport, CT: Greenwood Press, 1978). Chemerinsky, Erwin. Interpreting the Constitution (New York: Praeger, 1987). Corwin, Edward S. Liberty Against Government (Baton Rouge: Louisiana State University Press, 1948). (See also the entry under Loss, Richard.) Dahl, Robert A. "Decision–Making in a Democracy: The Supreme Court as a National Policy– Maker," 6 Jo. of Pub.L. 279 (1957). Dworkin, Ronald. Taking Rights Seriously (Cambridge: Harvard University Press, 1977), ch. 5. _______. Law's Empire (Cambridge: Harvard University Press, 1986). _______. Life's Dominion (New York: Knopf, 1993). _______. Freedom's Law: The Moral Reading of the American Constitution (Cambridge: Harvard University Press, 1996). Ely, John Hart. Democracy and Distrust (Cambridge: Harvard University Press, 1980). Fleming, James E. Securing Constitutional Democracy: The Case of Autonomy (Chicago: University of Chicago Press, 2006). Garvey, John H., T. Alexander Aleinikoff, and Daniel A. Farber, eds. Modern Constitutional Theory: A Reader (5th ed.; St. Paul: West, 2004). Gerhardt, Michael J., Stephen M. Griffin, and Thomas D. Rowe, Jr., eds. Constitutional Theory: Arguments and Perspectives (3d ed.; Newark, NJ:: LexisNexis, 2007). Graber, Mark A. "Why Interpret? Political Justification and American Constitutionalism," 56 Rev. of Pols. 415 (1994). Grey, Thomas. "Do We Have an Unwritten Constitution?" 27 Stan.L.Rev. 703 (1975). _______. "The Constitution as Scripture," 37 Stan.L.Rev. 1 (1984). Harris, William F. II. The Interpretable Constitution. (Baltimore: Johns Hopkins University Press, 1993). Hartog, Hendrik. "The Constitution of Aspiration and 'The Rights that Belong to Us All,' " 74 Jo.Am.Hist. 1013 (1987). Kahn, Ronald. The Supreme Court & Constitutional Theory, 1953–1993 (Lawrence: University Press of Kansas, 1994). Kramer, Larry. The People Themselves: Popular Constitutionalism and Judicial Review (New York: Oxford University Press, 2004). Levinson, Sanford. Constitutional Faith (Princeton: Princeton University Press, 1988). _______. "Some Reflections on the Posnerian Constitution," 56 Geo.Wash.U.L.Rev. 39 (1987). (See the entry under "Posner," below.) Loss, Richard, ed. Corwin on the Constitution (Ithaca: Cornell University Press, 1981–88), 3 vols. Mason, Alpheus Thomas. The Supreme Court: Palladium of Freedom (Ann Arbor: University of Michigan Press, 1962). Monaghan, Henry P. "Foreword: Constitutional Common Law," 89 Harv.L.Rev. 1 (1975). Moore, Wayne D. Constitutional Rights and Powers of the People (Princeton: Princeton University Press, 1996). Murphy, Walter F. "The Art of Constitutional Interpretation," in M. Judd Harmon, ed., Essays on the Constitution of the United States (Port Washington, NY: Kennikat Press, 1978). _______. "Constitutional Interpretation: The Art of the Historian, Magician, or Statesman?" 87 Yale L.J. 1752 (1978). _______. "An Ordering of Constitutional Values," 53 So.Cal.L.Rev. 703 (1980). _______. Constitutional Democracy: Creating and Maintaining a Just Political Order (Baltimore: Johns Hopkins University Press, 2007). Powell, Thomas Reed. "The Logic and Rhetoric of Constitutional Law," 15 Jo. of Phil., Psych., and Sci. Method 654 (1918); reprinted in Robert G. McCloskey, ed., Essays in American Constitutional Law (New York: Knopf, 1957). _______. Vagaries and Varieties in Constitutional Interpretation (New York: Columbia University Press, 1956). Posner, Richard A. "The Constitution as an Economic Document," 56 Geo.Wash.U.L.Rev. 4 (1987). (See also Levinson's critique, listed above.) Sager, Lawrence G. Justice in Plain Clothes: A Theory of American Constitutional Practice (New Haven: Yale University Press, 2004). Schauer, Frederick. "An Essay on Constitutional Language," 29 UCLA L.Rev. 797 (1982). _______. Playing by the Rules (Oxford: Clarendon Press, 1990). Strauss, David A. "Common Law Constitutional Interpretation," 63 U. Chi. L. Rev. 877 (1996). Sunstein, Cass R. The Partial Constitution (Cambridge: Harvard University Press, 1993). Symposium on Fidelity in Constitutional Theory, 65 Fordham L. Rev. 1247 (1997). Symposium on Interpretation. 58 So.Cal.L.Rev. 1 (1985). Symposium on The Constitution and the Good Society, 69 Fordham L. Rev. 1569 (2001). Tribe, Laurence H. American Constitutional Law (2d ed.; Mineola, NY: Foundation Press, 1988). _______. American Constitutional Law, Volume One (3d ed.; New York: Foundation Press, 2000). _______ and Michael C. Dorf. On Reading the Constitution (Cambridge: Harvard University Press, 1991). Whittington, Keith E. Constitutional Construction: Divided Powers and Constitutional Meaning (Cambridge: Harvard University Press, 1999). _______. Constitutional Interpretation: Textual Meaning, Original Intent, and Judicial Review (Lawrence: University Press of Kansas, 1999). _______. Political Foundations of Judicial Supremacy: The Presidency, the Supreme Court, and Constitutional Leadership in U.S. History (Princeton: Princeton University Press, 2007). Chapter 2: Atiyah, P. S., and Robert S. Summers. Form and Substance in Anglo–American Law: A Comparative Study of Legal Reasoning, Legal Theory, and Legal Institutions (Oxford: Clarendon Press, 1987). Barber, Sotirios A. and James E. Fleming. Constitutional Interpretation: The Basic Questions (New York: Oxford University Press, 2007). Burton, Steven J. An Introduction to Law and Legal Reasoning (Boston: Little, Brown, 1985). Cardozo, Benjamin N. The Nature of the Judicial Process (New Haven: Yale University Press, 1921). _______. The Growth of the Law (New Haven: Yale University Press, 1924). _______. Law and Literature (Littleton, CO: Rothman, 1986) (first published, 1931). Cover, Robert M. "Foreword: Nomos and Narrative," 97 Harv.L.Rev. 4 (1984). Harris, William F. II. The Interpretable Constitution (Baltimore: Johns Hopkins University Press, 1993). Levi, Edward H. An Introduction to Legal Reasoning (Chicago: University of Chicago Press, 1948). Levinson, Sanford "Law as Literature," 60 Tex.L.Rev. 373 (1982). _______, and Steven Mailloux, eds. Interpreting Law and Literature: A Hermeneutic Reader (Evanston: Northwestern University Press, 1988). Murphy, Walter F. Elements of Judicial Strategy (Chicago: University of Chicago Press, 1964). _______, C. Herman Pritchett, Lee Epstein, and Jack Knight. Courts, Judges, & Politics (6th ed.; Boston: McGraw–Hill, 2005). Schauer, Frederick. "An Essay on Constitutional Language," 34 UCLA L.Rev. 797 (1982). Shapiro, Martin. "Toward a Theory of Stare Decisis," 2 Jo. of Legal Studies 125 (1972). Solan, Lawrence M. The Language of Judges (Chicago: University of Chicago Press, 1993). Strauss, David A. "Common Law Constitutional Interpretation," 63 U.Chi.L.Rev. 877 (1996). Sunstein, Cass R. One Case at a Time: Judicial Minimalism on the Supreme Court (Cambridge: Harvard University Press, 1999). White, James Boyd. When Words Lose Their Meaning: Constitutions and Reconstitutions of Language, Character, and Community (Chicago: University of Chicago Press, 1984). _______. Heracles' Bow: Essays on the Rhetoric and Poetics of the Law (Madison: University of Wisconsin Press, 1985). Chapter 3: Arkes, Hadley. Beyond the Constitution (Princeton: Princeton University Press, 1990). Barber, Benjamin. Strong Democracy: Participatory Politics for a New Age (Berkeley: University of California Press, 1984). Barber, Sotirios A. On What the Constitution Means (Baltimore: Johns Hopkins Press, 1984). _______. The Constitution of Judicial Power (Baltimore: Johns Hopkins University Press, 1993). _______. Welfare and the Constitution (Princeton: Princeton University Press, 2003). _______ and Robert P. George, eds. Constitutional Politics: Essays on Constitution Making, Maintenance, and Change (Princeton: Princeton University Press, 2001). _______ and James E. Fleming. Constitutional Interpretation: The Basic Questions (New York: Oxford University Press, 2007). Berns, Walter F. Taking the Constitution Seriously (New York: Simon & Schuster, 1987). Brettschneider, Corey. Democratic Rights: The Substance of Self–Government (Princeton: Princeton University Press, 2007). Bork, Robert H. The Tempting of America: The Political Seduction of the Law (New York:
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