Law and Strategy

Arriving in the mail this weekend -- the brand new co-edited volume by Ronald Kahn and Ken I. Kersch, The Supreme Court and American Political Development (Kansas).  Congrats to Ron and Ken.  (Full Disclosure:  I have a contribution in the volume; despite that, they still deserve the kudos.)  It's highly recommended to anyone interested in exploring so-called "APD" approaches to the study of the Court. 

One brief shout-out that might be especially relevant to readers of this blog:  those of you with an interest in debates about "attitudinal v. strategic v. legal" approaches to Supreme Court decision making will want to read Mark Graber's chapter, entitled "Legal, Strategic, or Legal Strategy:  Deciding to Decide during the Civil War and Reconstruction."  Among other things the chapter calls into question the view that Ex parte McCardle is best understood as a strategic retreat.  More generally (to quote his last sentence), Graber tries to show that "the most fruitful investigations will explore the ways in which legal, strategic, and attitudinal factors interact when justices make decisions...."

Comments

[Howard Gillman]

All righty....

PART I: RETHINKING THE LAW VERSUS POLITICS DICHOTOMY: THE INTERNAL AND EXTERNAL IN SUPREME COURT DECISION MAKING

Ch.1 Mark Graber, "Legal, Strategic or Legal Strategy: Deciding to Decide during the Civil War and Reconstruction"

Ch.2 Ronald Kahn, "Social Constructions, Supreme Court Reversals, and American Political Development: Lochner, Plessy, Bowers, but Not Roe"

PART II: THE SUPREME COURT AND GOVERNING POLITICAL ORDERS AND REGIMES

Ch.3 Mark Tushnet, "The Supreme Court and the National Political Order: Collaboration and Confrontation"

Ch.4 Howard Gillman, "Party Politics and Constitutional Change: The Political Origins of Liberal Judicial Activism:

Ch.5 Ken I. Kersch, "The New Deal Triumph as the End of History? The Judicial Negotiation of Labor Rights and Civil Rights"

PART III: CONSTRUCTING AUTHORITATIVE CONSTITUTIONAL MEANING

Ch.6 Wayne D. Moore, "(Re)Construction of Constitutional Authority and Meaning: The Fourteenth Amendment and Slaughter-House Cases"

Ch.7 Pamela Brandwein, "The Civil Rights Cases and the Lost Language of State Neglect"

PART IV: INSIDERS AND OUTSIDERS: DEVELOPMENT AND THE CONSTRUCTION OF CONSTITUTIONAL INCLUSION

Ch.8 Julie Novkov, "Pace v. Alabama: Interracial Love, the Marriage Contract, and Postbellum Foundations of the Family"

Ch.9 Carol Nackenoff, "Constitutionalizing Terms of Inclusion: Friends of the Indian and Citizenship for Native Americans, 1880s-1930s"

Ch.10 Thomas M. Keck, "From Bakke to Grutter: The Rise of Rights-Based Conservatism"

Conclusion: Ronald Kahn and Ken I. Kersch, "Supreme Court Decision Making and American Political Development"

[Anon]

If anyone has the patience to type out a table of contents (author(s) and article title), it would be greatly appreciated. I can't find one anywhere (Amazon, B&N, the publisher).