First Principles : The Jurisprudence of

Clarence Thomas is one of the most vilified public figures of our day. To date, however, his legal philosophy has received only cursory treatment.First Principlesprovides a portrait of Thomas based not on the justice's caricatured reputation, but on his judicial opinions and votes, his scholarly writings, and his public speeches.The paperback edition includes a provocative new Afterword by the author bringing the book up to date by assessing Justice Thomas's performance, and the reaction to his decisions, during the last five years.

Scott Douglas Gerber, Ph.D., J.D., teaches at Ohio Northern University College of Law

Acknowledgments

1

(2)

Introduction

3

(8)

I Politics

11

(58)

1 Judging Thomas

11

(25)

2 The "Natural Law Thing"

36

(33)

II Law

69

(122)

3 Civil Rights

69

(44)

4 Civil Liberties

113

(50)

5 Federalism

163

(28)

III Law and Politics

191

(14)

6 Conclusion

191

(14)

Appendices

205

(12)

Appendix I: Justice Thomas and the Freshman Effect Hypothesis

205

(6)

Appendix II: Justice Thomas's Voting Behavior

211

(6)

Notes

217

(54)

Index

271

(10)

About the Author

281

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First Principles : The Jurisprudence of Clarence Thomas

Summary

Author Biography

Table of Contents

Supplemental Materials