Background
Michelman, Frank I. was born on May 26, 1936 in New Rochelle, New York, United States.
( In Brennan and Democracy, a leading thinker in U.S. con...)
In Brennan and Democracy, a leading thinker in U.S. constitutional law offers some powerful reflections on the idea of "constitutional democracy," a concept in which many have seen the makings of paradox. Here Frank Michelman explores the apparently conflicting commitments of a democratic governmental system where key aspects of such important social issues as affirmative action, campaign finance reform, and abortion rights are settled not by a legislative vote but by the decisions of unelected judges. Can we--or should we--embrace the values of democracy together with constitutionalism, judicial supervision, and the rule of law? To answer this question, Michelman calls into service the judicial career of Supreme Court Justice William Brennan, the country's model "activist" judge for the past forty years. Michelman draws on Brennan's record and writings to suggest how the Justice himself might have understood the judiciary's role in the simultaneous promotion of both democratic and constitutional government. The first chapter prompts us to reflect on how tough and delicate an act it is for the members of a society to attempt living together as a people devoted to self-government. The second chapter seeks to renew our appreciation for democratic liberal political ideals, and includes an extensive treatment of Brennan's judicial opinions, which places them in relation to opposing communitarian and libertarian positions. Michelman also draws on the views of two other prominent constitutional theorists, Robert Post and Ronald Dworkin, to build a provocative discussion of whether democracy is best conceived as a "procedural" or a "substantive" ideal.
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Michelman, Frank I. was born on May 26, 1936 in New Rochelle, New York, United States.
Bachelor in History, Yale University, 1957. Bachelor of Laws, Harvard University, 1960.
Bar: New York 1961, Massachusetts 1967. Law clerk to associate justice William J. Brennan, Supreme Court of the United States Court, Washington, 1961-1962. Assistant to assistant attorney general, Tax Division, Department Justice, 1962-1963.
Assistant professor Harvard University, Cambridge, Massachusetts, 1963-1966, professor, 1966-1993, Robert Walmsley University professor, 1993.
Consultant Housing and Urban Development, 1966. Consultant Boston Model City Program, 1968-1969.
Member Boston Home Rule Commission, 1969-1971. Member Governor"s Task Force on Metropolitan Development,1974-1975.
( In Brennan and Democracy, a leading thinker in U.S. con...)
Consultant Boston Model City Program, 1968-1969. Member Boston Home Rule Commission, 1969-1971. Member Governor's Task Force on Metropolitan Development, 1974-1975.
Member American Society for Political and Legal Philosophy (president 1998-2000), American Academy Arts and Sciences.