The Embattled Constitution

"An indispensable and provocative guide through the thicket of today's most challenging constitutional controversies by some of the most eminent judges of their time. It offers an invaluable peek behind the curtain of judicial decision making." —David Cole, Professor of Law, Georgetown University The EmbattledConstitution presents thefourth collection of the James Madison lectures delivered at the NYU School ofLaw, offering thoughtful examinations of an array of topics on civil libertiesby a distinguished group of federal judges, including Justice Stephen Breyer ofthe U.S. Supreme Court. The result is a fascinating look into the minds of thejudges who interpret, apply, and give meaning to our “embattled Constitution.” In these insightfuland incisive essays, the authors bring to bear decades of experience to explorewide-ranging issues. Are today’s public schools racially segregated? To whatextent can the federal courts apply the Bill of Rights without legislativeguidance? And what are the criteria for the highest standards of judging and constitutionalinterpretation? The authors also discuss how and why the Constitution came tobe embattled, shining a spotlight on the current polarization in both theSupreme Court and the American body politic and offering careful and informedanalysis of how to bridge these divides. Contributors includeMarsha S. Berzon, Michael Boudin, Stephen Breyer, Guido Calabresi, Robert H.Henry, Robert Katzmann, Pierre N. Leval, M. Blane Michael, Davis S. Tatel, J.Harvie Wilkinson, III, and Diane P. Wood.