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Legal Education

American University Washington College of Law

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Constitution

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Full-Text Articles in Law

The Failed Idea Of Judicial Restraint: A Brief Intellectual History, Susan D. Carle Jan 2023

The Failed Idea Of Judicial Restraint: A Brief Intellectual History, Susan D. Carle

Articles in Law Reviews & Other Academic Journals

This essay examines the intellectual history of the idea of judicial restraint, starting with the early debates among the US Constitution’s founding generation. In the late nineteenth century, law professor James Bradley Thayer championed the concept and passed it on to his students and others, including Oliver Wendell Holmes Jr., Learned Hand, Louis Brandeis, and Felix Frankfurter, who modified and applied it based on the jurisprudential preoccupations of a different era. In a masterful account, Brad Snyder examines Justice Frankfurter’s attempt to put the idea into practice. Although Frankfurter arguably made a mess of it, he passed the idea of …


Founding The Marshall-Brennan Constitutional Literacy Project, Stephen Wermiel Jan 2022

Founding The Marshall-Brennan Constitutional Literacy Project, Stephen Wermiel

Articles in Law Reviews & Other Academic Journals

There are many different approaches to civic literacy, reflecting the dedication of so many individuals and organizations and their creativity committed to the task. For the Marshall-Brennan Constitutional Literacy Project, the approach has been to have law students educate young people about their rights through Supreme Court cases and moot court arguments.