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Judicial Activism And Fourteenth Amendment Privacy Claims: The Allure Of Originalism And The Unappreciated Promise Of Constrained Nonoriginalism, Daniel O. Conkle Jan 2009

Judicial Activism And Fourteenth Amendment Privacy Claims: The Allure Of Originalism And The Unappreciated Promise Of Constrained Nonoriginalism, Daniel O. Conkle

Articles by Maurer Faculty

Among other meanings, "judicial activism" can be defined as judicial decisionmaking that frustrates majoritarian self-government and that is unconstrained by law. So understood, judicial activism is presumptively problematic, because it frustrates customary democratic and judicial norms.

In this essay, I address originalist and nonoriginalist responses to the presumptive problem of judicial activism in the context of Fourteenth Amendment privacy claims, including claims relating to abortion, sexual conduct, and same-sex marriage. I argue that originalism is an overrated solution, largely because current understandings of originalism, despite claims to the contrary, do not provide standards of decision that are sufficiently clear to …


The Aggregate Harmony Metric And A Statistical And Visual Contextualization Of The Rehnquist Court: 50 Years Of Data, Peter A. Hook Jan 2007

The Aggregate Harmony Metric And A Statistical And Visual Contextualization Of The Rehnquist Court: 50 Years Of Data, Peter A. Hook

Articles by Maurer Faculty

This article contains aggregated data from fifty years of the annual matrixes of justice inter-agreement for particular Supreme Court terms published by the Harvard Law Review (1956 to 2005 terms). Aggregating how often any two justices sided together on cases for a particular term relative to the amount of cases the two justices heard together allows one to derive a measure of the particular term that reflects the relative amount of agreement or disagreement for the term. This new metric, called the Aggregate Harmony Metric, allows for comparative benchmarks. For instance, the 2005 term, with an aggregate agreement of 70%, …


The Failure Of The Criminal Procedure Revolution: A Response, Craig M. Bradley Jan 1997

The Failure Of The Criminal Procedure Revolution: A Response, Craig M. Bradley

Articles by Maurer Faculty

No abstract provided.


Growth In The Constitution And Constitutional Law Since The Decision Of The Case Of West Coast Hotel Vs. Parrish, Hugh Evander Willis Jan 1945

Growth In The Constitution And Constitutional Law Since The Decision Of The Case Of West Coast Hotel Vs. Parrish, Hugh Evander Willis

Articles by Maurer Faculty

No abstract provided.


Tendencies In American Constitutional Law, Hugh Evander Willis Jan 1942

Tendencies In American Constitutional Law, Hugh Evander Willis

Articles by Maurer Faculty

No abstract provided.


Gibbons V. Ogden, Then And Now, Hugh Evander Willis Jan 1940

Gibbons V. Ogden, Then And Now, Hugh Evander Willis

Articles by Maurer Faculty

No abstract provided.


The Part Of The United States Constitution Made By The Supreme Court, Hugh Evander Willis Jan 1938

The Part Of The United States Constitution Made By The Supreme Court, Hugh Evander Willis

Articles by Maurer Faculty

No abstract provided.


Constitution Making In 1935-1936, Hugh Evander Willis Jan 1937

Constitution Making In 1935-1936, Hugh Evander Willis

Articles by Maurer Faculty

No abstract provided.


Book Review. Brant, I., Storm Over The Constitution, Ralph F. Fuchs Jan 1936

Book Review. Brant, I., Storm Over The Constitution, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.


Some Conflicting Decisions Of The United States Supreme Court, Hugh Evander Willis Jan 1927

Some Conflicting Decisions Of The United States Supreme Court, Hugh Evander Willis

Articles by Maurer Faculty

No abstract provided.