Jump to ContentJump to Main Navigation
The Embattled Constitution$
Users without a subscription are not able to see the full content.

Norman Dorsen

Print publication date: 2013

Print ISBN-13: 9780814770122

Published to NYU Press Scholarship Online: March 2016

DOI: 10.18574/nyu/9780814770122.001.0001

Show Summary Details
Page of

PRINTED FROM NYU Press SCHOLARSHIP ONLINE (www.nyu.universitypressscholarship.com). (c) Copyright University of NYU Press, 2022. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in NYSO for personal use.date: 20 May 2022

Judge Henry Friendly and the Mirror of Constitutional Law

Judge Henry Friendly and the Mirror of Constitutional Law

(p.169) 6 Judge Henry Friendly and the Mirror of Constitutional Law
The Embattled Constitution

Michael Boudin

NYU Press

This chapter focuses on the legacy of Henry Friendly, who served as a judge on the U.S. Court of Appeals for the Second Circuit from 1959 until his death in 1986, in the area of constitutional law. It begins with an overview of Friendly's education and his career in practice and goes on to discuss four of his characteristics: his intense respect for precedent and the other constraints of the craft, his immense practicality, his intellectual seriousness and integrity, and his essential moderation. It then considers two specific constraints with which Friendly dealt masterfully: statutory language and institutional competence. It also explores Friendly's arguments regarding state action doctrine and his influence in legal areas such as criminal law.

Keywords:   constitutional law, Henry Friendly, precedent, statutory language, institutional competence, state action doctrine, criminal law

NYU Press Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs, and if you can't find the answer there, please contact us.