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Earl Warren was Chief Justice for fifteen years, and left the Supreme Court almost forty years ago. Yet the constitutional scholarship inspired by the Warren Court continues to haunt both scholarly and popular understandings of the Supreme Court. Landmark liberal rulings during Warren’s tenure inspired seminal works in constitutional theory that introduced the terminology and theoretical constructs that many scholars continue to use as they try to understand the ongoing role of the Court in the political system | STUDIES IN LAW POLITICS AND SOCIETY Series Editor Austin Sarat Volumes 1-2 Edited by Rita J. Simon Volume 3 Edited by Steven Spitzer Volumes 4-9 Edited by Steven Spitzer and Andrew S. Scull Volumes 10-16 Edited by Susan S. Sibey and Austin Sarat Volumes 17-33 Edited by Austin Sarat and Patricia Ewick Volumes 34-43 Edited by Austin Sarat STUDIES IN LAW POLITICS AND SOCIETY VOLUME 44 SPECIAL ISSUE CONSTITUTIONAL POLITICS IN A CONSERVATIVE ERA EDITED BY AUSTIN SARAT Department of Law Jurisprudence Social Thought and Political Science Amherst College USA g JAI United Kingdom - North America - Japan India - Malaysia - China JAI Press is an imprint of Emerald Group Publishing Limited Howard House Wagon Lane Bingley BD16 1WA UK First edition 2008 Copyright 2008 Emerald Group Publishing Limited Reprints and permission service Contact booksandseries@emeraldinsight.com No part of this book may be reproduced stored in a retrieval system transmitted in any form or by any means electronic mechanical photocopying recording or otherwise without either the prior written permission of the publisher or a licence permitting restricted copying issued in the UK by The Copyright Licensing Agency and in the USA by The Copyright Clearance Center. No responsibility is accepted for the accuracy of information contained in the text illustrations or advertisements. The opinions expressed in these chapters are not necessarily those of the Editor or the publisher. British Library Cataloguing in Publication Data A catalogue record for this book is available from the British Library ISBN 978-0-7623-1486-7 ISSN 1059-4337 Series Awarded in recognition of Emerald s production department s adherence to quality systems and processes when preparing scholarly journals for print INVESTOR EN .