Daniel A. Farber is the Sho Sato Professor of Law and an adjunct faculty member of the Energy and Resources Group at the University of California, Berkeley. He is also the Faculty Director of the California Center for Environmental Law and Policy (CCELP) at Berkeley. Professor Farber also serves on the editorial board of Foundation Press, and is a member of the American Academy of Arts and Sciences and of the American Law Institute. He is a co-editor of Issues in Legal Scholarship. Suzanna Sherry is Herman O. Loewenstein Professor of Law at Vanderbilt University Law School. Professor Sherry's work includes two books on constitutional theory, as well as more than 75 articles on such topics as constitutional theory and judicial decision-making, First Amendment law, constitutional history, electoral apportionment, cyberspace law, and state sovereign immunity. She is also a co-author of three legal textbooks.

• PART I: THE "PROBLEM" OF JUDICIAL REVIEW ; PART II: DISCRETION AND JUDGMENT ; PART III: PRECEDENT AS A SAFEGUARD ; PART IV: PROCESS SAFEGUARDS ; PART V: INTERNALIZED SAFEGUARDS ; PART VI: CASE STUDIES

Daniel A. Farber is the Sho Sato Professor of Law and an adjunct faculty member of the Energy and Resources Group at the University of California, Berkeley. He is also the Faculty Director of the California Center for Environmental Law and Policy (CCELP) at Berkeley. Professor Farber also serves on the editorial board of Foundation Press, and is a member of the American Academy of Arts and Sciences and of the American Law Institute. He is a co-editor of Issues in Legal Scholarship. Suzanna Sherry is Herman O. Loewenstein Professor of Law at Vanderbilt University Law School. Professor Sherry's work includes two books on constitutional theory, as well as more than 75 articles on such topics as constitutional theory and judicial decision-making, First Amendment law, constitutional history, electoral apportionment, cyberspace law, and state sovereign immunity. She is also a co-author of three legal textbooks.

• PART I: THE "PROBLEM" OF JUDICIAL REVIEW ; PART II: DISCRETION AND JUDGMENT ; PART III: PRECEDENT AS A SAFEGUARD ; PART IV: PROCESS SAFEGUARDS ; PART V: INTERNALIZED SAFEGUARDS ; PART VI: CASE STUDIES

Daniel A. Farber is the Sho Sato Professor of Law and an adjunct faculty member of the Energy and Resources Group at the University of California, Berkeley. He is also the Faculty Director of the California Center for Environmental Law and Policy (CCELP) at Berkeley. Professor Farber also serves on the editorial board of Foundation Press, and is a member of the American Academy of Arts and Sciences and of the American Law Institute. He is a co-editor of Issues in Legal Scholarship. Suzanna Sherry is Herman O. Loewenstein Professor of Law at Vanderbilt University Law School. Professor Sherry's work includes two books on constitutional theory, as well as more than 75 articles on such topics as constitutional theory and judicial decision-making, First Amendment law, constitutional history, electoral apportionment, cyberspace law, and state sovereign immunity. She is also a co-author of three legal textbooks.

• PART I: THE "PROBLEM" OF JUDICIAL REVIEW ; PART II: DISCRETION AND JUDGMENT ; PART III: PRECEDENT AS A SAFEGUARD ; PART IV: PROCESS SAFEGUARDS ; PART V: INTERNALIZED SAFEGUARDS ; PART VI: CASE STUDIES