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State and Local Government Law

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Federal courts

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Full-Text Articles in Legal History

Judicial Activism: The Good, The Bad, And The Ugly, Arthur D. Hellman Jan 2002

Judicial Activism: The Good, The Bad, And The Ugly, Arthur D. Hellman

Articles

No matter how judges are selected, sooner or later some unfortunate candidate will be labeled a "judicial activist." One has to wonder: Does the term have any identifiable core meaning? Or is it just an all-purpose term of opprobrium, reflecting whatever brand of judicial behavior the speaker regards as particularly pernicious? Implicit in this question are several important issues about the role of courts in our democratic society.

I take my definition from Judge Richard Posner, who describes activist decisions as those that expand judicial power over other branches of the national government or over state governments. Unlike other uses …


Chevron, Cooperative Federalism, And Telecommunications Reform, Philip J. Weiser Jan 1999

Chevron, Cooperative Federalism, And Telecommunications Reform, Philip J. Weiser

Publications

No abstract provided.


American Indians And The Bicentennial, Richard B. Collins Jan 1987

American Indians And The Bicentennial, Richard B. Collins

Publications

No abstract provided.


Separation Of Powers And The Scope Of Federal Equitable Remedies, Robert F. Nagel Jan 1978

Separation Of Powers And The Scope Of Federal Equitable Remedies, Robert F. Nagel

Publications

No abstract provided.