| 1 | The General Theory | 3 |
| The Chief (1974) | 3 |
| Excerpt from Another Such Victory: Constitutional Theory and Practice in a World Where Courts Are No Different from Legislatures (1991) | 5 |
| Democracy and Judicial Review (1982) | 6 |
| On Protecting Fundamental Interests and Powerless Minorities under the United States and Canadian Constitutions (1986) | 18 |
| The Rule of Clear Mistake: "A Great and Stately Jurisdiction"? (1993) | 25 |
| 2 | Federalism | 31 |
| Remarks at American-German Bicentennial Symposium on Constitutional Law (1976) | 31 |
| Excerpt from The Limits of Logic: Syntactic Ambiguity in Article I of the U.S. Constitution (1963) | 33 |
| Excerpt from The Irrepressible Myth of Erie (1974) | 35 |
| Excerpt from Legislative and Administrative Motivation in Constitutional Law (1970) | 36 |
| The Irrepressible Myth of Erie (1974) | 39 |
| Choice of Law and the State's Interest in Protecting Its Own (1981) | 61 |
| Another Spin on Allegheny Pittsburgh (1990) | 86 |
| 3 | Separation of Powers | 89 |
| United States v. Lovett: Litigating the Separation of Powers (1975) | 89 |
| The Bounds of Legislative Specification: A Suggested Approach to the Bill of Attainder Clause (1962) | 111 |
| Excerpt from Legislative and Administrative Motivation in Constitutional Law (1970) | 136 |
| Memorandum to Special Prosecutor Archibald Cox on the Legality of Calling President Nixon before a Grand Jury (1973) | 137 |
| Letter to The New York (1973) | 140 |
| Letter to The New York Times (1994) | 142 |
| Whose War Is It, Anyway? The Gulf and the War Powers Act (1988) | 143 |
| Perspective on the Persian Gulf: "War by Default" Isn't the Law (1990) | 146 |
| Clinton, Congress, and War (1993) | 148 |
| Now Bosnia (1994) | 150 |
| 4 | Freedom of Expression | 152 |
| Trial by Newspaper and Its Cures (1967) | 152 |
| Flag Desecration: A Case Study in the Roles of Categorization and Balancing in First Amendment Analysis (1975) | 173 |
| 5 | Religion Freedom | 188 |
| Memorandum to Chief Justice Warren Concerning United States v. Seeger (1965) | 188 |
| Excerpt from Legislative and Administrative Motivation in Constitutional Law (1970) | 190 |
| Letter to The New York Times (1984) | 197 |
| 6 | Criminal Procedure | |
| Excerpts from Memoranda to Abe Fortas Concerning Gideon v. Wainwright (1962) | |
| Remarks at American University Conference Marking the Thirtieth Anniversary of Gideon v. Wainwright (1993) | 203 |
| Letter to Anthony Lewis (1990) | 207 |
| Harris v. New York: Some Anxious Observations on the Candor and Logic of the Emerging Nixon Majority (1971) | 211 |
| The Proposed "Good Faith" Exception to the Exclusionary Rule (1983) | 228 |
| Sure Money Talks, but That's Precisely the Reason We Need the Reasonable Doubt Standard (1995) | 230 |
| Letter to Stanford Campus Report (1991) | 232 |
| Memorandum to Other Members of Yale University Police Advisory Board (1971) | 233 |
| What Counts as Liberal? Some Observations on French Criminal Procedure and the "Projet Peyrefitte" (1980) | 235 |
| 7 | Racial Discrimination | 247 |
| Excerpts from Legislative and Administrative Motivation in Constitutional Law (1970) | 247 |
| School Desegregation: A Sense of Deja Vu (1977) | 258 |
| Excerpt from Professor Dworkin's External/Personal Preference Distinction (1983) | 261 |
| The Constitutionality of Reverse Racial Discrimination (1974) | 267 |
| Excerpt from Legislative and Administrative Motivation in Constitutional Law (1970) | 275 |
| 8 | "Substantive Due Process" | 279 |
| Memorandum to Chief Justice Warren Concerning Griswold v. Connecticut (1965) | 279 |
| The Wages of Crying Wolf: A Comment on Roe v. Wade (1973) | 281 |
| Excerpts from Testimony on S. J. Res. 119 and 130 before the Senate Judiciary Committee, Subcommittee on Constitutional Amendments (1974) | 297 |
| Let There Be Life (1981) | 301 |
| Abortion for the Rich (1977) | 303 |
| Letter to Justices Kennedy, O'Connor and Souter Concerning Planned Parenthood v. Casey (1992) | 304 |
| Democracy and the Right to Be Different (1981) | 306 |
| Excerpt from Professor Dworkin's External/Personal Preference Distinction (1983) | 311 |
| 9 | Candor | 329 |
| Letter to Attorney General Levi (1975) | 329 |
| About the Evidence (1975) | 331 |
| Draft Letter to "the Media" Concerning the Warren Commission (1992) | 333 |
| On Living Lies for Professional Reasons (1992) | 334 |
| Letter to The New York Times (1988) | 338 |
| Letter to The New York Times (1989) | 338 |
| 10 | In Conclusion | 340 |
| Another Such Victory: Constitutional Theory and Practice in a World Where Courts Are No Different from Legislatutes (1991) | 340 |
| Author's Comment on Legislative and Administrative Motivation in Constitutional Law and The Wages of Crying Wolf: A Comment on Roe v. Wade (1991) | 361 |
| Excerpt from On Constitutional Nihilism (1980) | 363 |
| Notes | 367 |
| Index | 497 |
