Academic

Legal Theory Bookworm

By Lawrence Solum

The Legal Theory Bookworm recommends The Tie Goes to Freedom: Justice Anthony M. Kennedy on Liberty by Helen J. Knowles. Here is a description:

At the ideological center of the Supreme Court sits Anthony M. Kennedy, whose pivotal role on the Rehnquist Court is only expected to grow in importance now that he is the lone "swing Justice" on the Roberts Court. The Ties Goes to Freedom is the first book-length analysis of Kennedy, and it challenges the conventional wisdom that his jurisprudence is inconsistent and incoherent.

Using the hot-button issues of privacy rights, race, and free speech, this book demonstrates how Kennedy forcefully articulates a libertarian constitutional vision. The Tie Goes to Freedom fills two significant voids--one examining the jurisprudence of the man at the ideological center of the Supreme Court, the other demonstrating the compatibility of an expansive judicial role with libertarian political theory.

And from the reviews:

"Everyone who seeks to understand today's Supreme Court?Anthony Kennedy's Supreme Court?will profit from reading Helen Knowles's sympathetic but not uncritical discussion of Justice Kennedy's 'modest libertarianism,' and especially her treatment of Justice Kennedy's concern that liberty be exercised responsibly."?Mark Tushnet, William Nelson Cromwell Professor of Law, Harvard Law School

"This is an extensive, thought-provoking look at judicial decision making that tackles complex issues. Recommended for law and academic libraries."?February 2009, Library Journal

"Despite decades of conservative complaints about judicial activism, the Supreme Court continues to defend constitutional liberty. In a thoughtful and engaging analysis of Justice Kennedy's libertarian constitutional vision, Helen Knowles explains why the tie still goes to freedom."?Thomas M. Keck, associate professor of political science, Maxwell School of Syracuse University

"Justice Kennedy's jurisprudence is of obvious significance and Helen Knowles has done an exceptional amount of research on that jurisprudence. The result is a series of fascinating insights on the most central and centrist thinker on the contemporary Supreme Court. This is the first place to look for hints about how the Supreme Court may respond to a new administration."?Mark Graber, professor of law and government, University of Maryland School of Law

A much needed book that I much admire.

Full post as published by Legal Theory Blog on June 06, 2009 (boomark / email).