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One Case at a Time: Judicial Minimalism on the Supreme Court

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Judicial and Constitutional Studies American Constitutional Law and Politics Comparative constitutional jurisprudence studies

Abstract

Part 1 Argument: leaving things undecided democracy-promoting minimalism decisions and mistakes minimalism's substance. Part 2 Applications: no right to die? affirmative action casuistry sex and sexual orientation the first amendment and new technologies. Part 3 Antagonists: width? Justice Scalia's democratic formalism depth? from theory to practice conclusion - minimalism and democracy.

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2010Foundations of Public Law 2007Deliberative Democracy and the Institutions of Judicial Review 2002Jurisprudential Regimes in Supreme Court Decision Making 2008The rise of the unelected: democracy and the new separation of powers 2013Proportionality and Constitutional Culture 2003Acting When Elected Officials Won't: Federal Courts and Civil Rights Enforcement in U.S. Labor Unions, 1935–85 2009The Constraining Capacity of Legal Doctrine on the U.S. Supreme Court 2006The Constitution of Law: Legality in a Time of Emergency

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