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The Art of Judgment in Civil Rights Cases
The book weighs in on lots of different contemporary controversies on abortion rights, antidiscrimination laws. A big theme of the book is that when we think about rights in these sort of abstract legalistic ways, in these binary ways, we end up alining modern conflicts with their worst possible analogues. When you think of rights as being absolute, or even close to absolute, it's going to get lead court to be very skittish about declaring a right in the first place.