Legal Theory Bookworm
The Legal Theory Bookworm recommends Revolution by Judiciary: The Structure of American Constitutional Law by Jed Rubenfeld. Here’s a blurb:
- Although constitutional law is supposed to be fixed and enduring, its central narrative in the twentieth century has been one of radical reinterpretation–Brown v. Board of Education, Roe v. Wade, Bush v. Gore. What, if anything, justifies such radical reinterpretation? How does it work doctrinally? What, if anything, structures it or limits it? Rubenfeld finds a pattern in American constitutional interpretation that answers these questions convincingly.