Abstract

During my freshman year in college, I was told not to judge a book by its cover. The book in question Lolita; the cover suggested something quite salacious. My professor explained that a soldier, who had purchased Lolita to work out some of the kinks of military life, found himself tossing the book out, proclaiming in disgust Literature! Well, I cannot claim precisely the same reaction to Cass Sunstein's One Case at a Time1 (my expectations were lower than the soldier's). Nevertheless, for those expecting a lefty defense of judicial restraint, One Case at a Time is not your book. Rather, Sunstein very much wants the Supreme Court to play an active role in abortion, affirmative action, the right to die, and much more. But Sunstein's brand of activism is minimalist. Rather than

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