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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 …


Celebrating The 200th Anniversary Of The Federal Courts Of The District Of Columbia, Susan Low Bloch Jan 2002

Celebrating The 200th Anniversary Of The Federal Courts Of The District Of Columbia, Susan Low Bloch

Georgetown Law Faculty Publications and Other Works

February 27, 2001 marked the 200th anniversary of the Federal Courts of the District of Columbia, the courts we know today as the United States District Court for the District of Columbia and the United States Court of Appeals for the District of Columbia. The history of these courts is interesting, albeit somewhat confusing; their names changed no fewer than six times since their creation. Indeed, from 1863 until 1893, the two courts were joined and called the Supreme Court of the District of Columbia. Because of their location in the nation's capital and their unusual dual jurisdiction as both …