Judicial Restraint in America

Evan Tsen Lee is Professor of Law at the University of California, Hastings. He received an A.B. in political science from the University of California, Berkeley, and a J.D. from Yale Law School. He served as a judicial clerk to the late William H. Orrick, Jr., United States District Judge in San Francisco. Since joining the faculty at UC Hastings, Professor Lee has published leading articles on Federal Courts law in the Harvard Law Review, the University of Pennsylvania Law Review, and the Supreme Court Review, the Vanderbilt Law Review, the Southern California Law Review, the Hastings Law Journal and other scholarly journals. He is one of four faculty members for the Federal Judicial Center's annual television program, The Supreme Court Term in Review, and he is a member of the American Law Institute. He has been named "Professor of the Year" five times by the students at the University of California, UC Hastings.

TABLE OF CONTENTS ; Preface ; Prologue ; Chapter One: John Marshall and the Inseparability of Action and Restraint ; Chapter Two: David Brewer, Natural Rights, and the Triumph of Equity ; Chapter Three: From Protestant Idealism to Scientific Pragmatism ; Chapter Four: Brandeis and Limits on Federal Judicial Power ; Chapter Five: Frankfurter and the Intellectualization of Judicial Restraint ; Chapter Six: Brennan, Civil Rights, and the "Personal Stake" Gambit ; Chapter Seven: The Triumph of Self-Interest ; Chapter Eight: Scalia, the Environment, and the Modern Standing Doctrine ; Postscript: The People, the Court, and the Academics ; Index