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The Adversary First Amendment
The Adversary First Amendment presents a unique and controversial rethinking of modern American democratic theory and free speech. Most free speech scholars understand the First Amendment as a vehicle for or protection of democracy itself, relying upon cooperative or collectivist theories of democracy. Martin Redish reconsiders free speech in the context of adversary democracy, arguing that individuals should have the opportunity to affect the outcomes of collective decision-making according to their own values and interests. Adversary democracy recognizes the inevitability of conflict within a democratic society, as well as the need for regulation of that conflict to prevent the onset of tyranny. In doing so, it embraces pluralism, diversity, and the individual growth and development deriving from the promotion of individual interests. Drawing on previous free speech scholarship and case studies of controversial speech, Redish advances a theory of free expression grounded in democratic notions of self-promotion and controlled adversary conflict, making a strong case for its application across such areas as commercial speech, campaign spending, and anonymous speech.
The Constitution as Political Structure
Over the last forty years modern constitutional scholarship has concentrated on an analysis of rights, while principles of constitutional law concerning the structure of government have been largely down-played. The irony of this interpretive emphasis is that the body of the Constitution contains relatively little dealing directly with rights. Rather, it is primarily a blueprint for the establishment of a complex form of federal-democratic structure. The Constitution as Political Structure emphasizes the central role served by the structural portions of the Constitution. Redish argues that these structural values were designed to provide the framework in which our rights-based system may flo...
Commercial Speech as Free Expression
A bold, controversial advance in the theory of free expression, grounded in a new underlying theoretical perspective, for a dramatic extension of commercial speech protection.
The Logic of Persecution
Introduction : logic, history and the McCarthy era -- The legal topography of the McCarthy era -- McCarthyism, free expression and the role of pathology in American history -- Unlawful advocacy, free speech, and the McCarthy era -- HUAC, the Hollywood Ten, and the First Amendment right of non-association -- Public education, free speech, and the McCarthy era -- Conclusion : the McCarthy era as a First Amendment laboratory.
Civil Procedure
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Money Talks
Drawing together a number of articles he has written or co-written since 1990 and some original chapters, Redish (law and public policy, Northwestern U.) defends unlimited political contribution, advertising, and other forms by which the rich and powerful stay rich and powerful. Any restriction, he says, threatens First Amendment rights. c. Book News Inc.
Wholesale Justice
As the first comprehensive effort to view the modern class action through the lenses of American constitutional and political theory, this book contends that the procedural device needs to be substantially modified to prevent it from violating key constitutional and democratic precepts.
Judicial Independence and the American Constitution
The Framers of the American Constitution took special pains to ensure that the governing principles of the republic were insulated from the reach of simple majorities. Only super-majoritarian amendments could modify these fundamental constitutional dictates. The Framers established a judicial branch shielded from direct majoritarian political accountability to protect and enforce these constitutional limits. Paradoxically, only a counter-majoritarian judicial branch could ensure the continued vitality of our representational form of government. This important lesson of the paradox of American democracy has been challenged and often ignored by office holders and legal scholars. Judicial Indep...
The Conservative Case for Class Actions
Since the 1960s, the class action lawsuit has been a powerful tool for holding businesses accountable. Yet years of attacks by corporate America and unfavorable rulings by the Supreme Court have left its future uncertain. In this book, Brian T. Fitzpatrick makes the case for the importance of class action litigation from a surprising political perspective: an unabashedly conservative point of view. Conservatives have opposed class actions in recent years, but Fitzpatrick argues that they should see such litigation not as a danger to the economy, but as a form of private enforcement of the law. He starts from the premise that all of us, conservatives and libertarians included, believe that ma...
Summary Judgment
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