The Nature of Constitutional Rights

Richard H. Fallon, Jr is Story Professor of Law at Harvard Law School, Massachusetts, and an Affiliate Professor in the Harvard Government Department. A former Rhodes Scholar, Fallon served as a law clerk to Judge J. Skelly Wright and to Justice Lewis F. Powell of the United States Supreme Court. Fallon has written extensively about Constitutional Law and is the author of multiple books including, The Dynamic Constitution (Cambridge, 2nd edition, 2013) and Law and Legitimacy in the Supreme Court (2018).

• 1. The historical emergence of strict judicial scrutiny; 2. Strict scrutiny as an incompletely theorized agreement; 3. Rights and interests; 4. Tests besides strict scrutiny and the nature of the rights that they protect; 5. Legislative intent and deliberative rights; 6. Rights, remedies, and justiciability; 7. The core of an uneasy case for judicial review.

'Professor Richard H. Fallon, Jr provides a rich and sophisticated treatment of one of the great questions of American constitutional law. Drawing on analysis of history, doctrine, and conceptual foundations, he offers a rigorous and thought-provoking account of how rights are protected.' Randy J. Kozel, Diane and M. O. Miller, II Research Professor of Law, University of Notre Dame