Book Review: Pursuing Justice: The Making of a Civil Rights Lawyer
Lawrence M. Friedman
The United States Constitution’s explicit commitments to fairness and equality serve to prevent political majorities from treating unpopular minorities differently than they would treat themselves. State and federal courts have enforced these commitments by maintaining the discretion to remedy differential treatment and its effects. At the same time, because nearly all governmental regulation discriminates in some way, courts have limited that discretion: judicial inquiry into whether the wrong David claims the government of Goliath visited upon him may be remedied is constrained by both the nature of the interest abridged and the quality of the reasons the government puts forward to justify the abridgement.
41 New Eng. L. Rev. 287