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On Constitutional Ground
John Hart Ely

Book Description | Reviews

TABLE OF CONTENTS:

1The General Theory3
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
2Federalism31
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
3Separation of Powers89
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
4Freedom of Expression152
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
5Religion Freedom188
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
6Criminal 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
7Racial Discrimination247
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
9Candor329
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
10In Conclusion340
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
Notes367
Index497

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File created: 7/11/2014

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