| Acknowledgments | p. xi |
| Note on Sources | p. xiii |
| Introduction: The Relative Autonomy of Law | p. xv |
| The Difference between Law and Politics | p. 1 |
| They Are All Activists Now | p. 3 |
| Is There a Distinction between Law and Politics? Yes, and the Bush v. Gore Decision Proves It | p. 9 |
| Clarence Thomas's Challenge to the Rehnquist Court's Vision of Representative Government | p. 17 |
| Does Federal Tort Reform Unduly Infringe State Sovereignty? | p. 21 |
| Aid and Comfort to the Enemy | p. 27 |
| The Supreme Court Case that Pits Free Speech against Church-State Separation | p. 29 |
| How Abortion Politics Impedes Clear Thinking on Other Issues Involving Fetuses | p. 35 |
| Why the Lawsuit Challenging Tennessee's "Choose Life" License Plates Should Fail | p. 41 |
| Three Bad Reasons-and One Very Good Reason-to Oppose a Constitutional Amendment Barring Same-Sex Marriage | p. 47 |
| A Federal Appeals Court Rules that Universities Can Bar Military Recruiters without Losing Federal Grant Money: A Welcome Result Based on Flawed Reasoning | p. 55 |
| Justice Scalia's Persuasive but Elitist Response to the Duck Hunting Controversy | p. 63 |
| Can a State Make It a Crime to Refuse to Identify Yourself to the Police? In a Narrow Ruling, the Supreme Court Says Yes | p. 67 |
| Why Swift Boat Veterans for Truth and Other 527 Organizations Can't Be Silenced | p. 73 |
| Does the Constitution Permit the Blue States to Secede? With Permission, Perhaps; Unilaterally, No | p. 79 |
| How the Schiavo Federal Court Case Might Have Been Won | p. 87 |
| In Defense of Liberal Judging | p. 95 |
| Washington Yankees in King Arthur's Court: The Supreme Court Journeys to Eighteenth-Century England to Define the Rights of Twenty-First-Century Americans | p. 97 |
| How a Recent, Unanimous Supreme Court Public Housing Decision "Exiles Compassion from the Province of Judging" | p. 107 |
| Could Justice Scalia's Affirmative Action Dissent Become a Self-Fulfilling Prophecy? | p. 113 |
| Is There a Constitutional Right to Sexual Privacy? Finding None, a Federal Appeals Court Upholds Alabama's Sex Toy Prohibition | p. 119 |
| Liberty, Security, and War | p. 127 |
| What Is an "Unlawful Combatant," and Why It Matters: The Status of Detained al-Qaeda and Taliban Fighters | p. 131 |
| The Justice Department's Change of Heart Regarding Torture: A Fair-Minded and Praiseworthy Analysis that Could Have Gone Still Further | p. 137 |
| Who Decides Whether Yaser Hamdi, or Any Other Citizen, Is an Enemy Combatant? | p. 145 |
| Bush Loses in the Supreme Court and America Wins | p. 153 |
| Is Iraq in "Material Breach" of Its Obligations under the UN Resolution? A Geopolitical Question, Not Simply a Legal One | p. 157 |
| Is the War on Iraq Lawful? | p. 163 |
| Why Congressional Power to Declare War Does Not Provide an Effective Check on the President | p. 171 |
| Kerry Stands by His Iraq War Vote, and with Bush, against Constitutional Law Principles | p. 177 |
| The Global Village | p. 185 |
| When American States Execute Citizens of Foreign Countries: The Case of Gerardo Valdez | p. 187 |
| Can One Nation Arrest the Foreign Minister of Another? The World Court Says No | p. 193 |
| Should Foreigners Be Permitted to Make Campaign Contributions to U.S. Candidates? Surprisingly, the Answer May Be Yes | p. 199 |
| The Hidden International Influence in the Supreme Court Decision Barring Executions of the Mentally Retarded | p. 205 |
| The Use of Foreign Law in American Constitutional Interpretation: A Revealing Colloquy between Justices Scalia and Breyer | p. 213 |
| Can Ethnic Hatred Be Eliminated by Eliminating Ethnicity? The Rwanda Experiment | p. 221 |
| What a Chinese Height Discrimination Case Says about Chinese (and American) Constitutional Law | p. 227 |
| The Rule of Law(yers) | p. 235 |
| Debate over an ABA Legal Ethics Rule Underscores Lawyers' Competing Obligations to Keep Secret and to Disclose | p. 239 |
| Can the Legal Profession Improve Its Image? Americans Believe Lawyers Are Necessary but Dishonest, Survey Finds | p. 245 |
| Americans' Faith in the Supreme Court-and in the Constitution: Survey Shows Bush v. Gore's Effect Was Limited | p. 253 |
| Whose Constitution Is It Anyway? What Americans Don't Know about the Constitution-and Why It Matters | p. 261 |
| Unsolicited Advice to Law School Applicants: With Prospects Newly Limited, Be Sure You Want to Become a Lawyer | p. 269 |
| How to "Think Like a Lawyer": Advice to New and Prospective Law Students | p. 275 |
| Appendix | p. 281 |
| Table of Cases | p. 285 |
| Index | p. 291 |
| About the Author | p. 295 |
| Table of Contents provided by Ingram. All Rights Reserved. |
