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Stretching The Adjudicative Paradigm: Another Look At Judicial Policy Making And The Modern State, Daniel A. Farber
Stretching The Adjudicative Paradigm: Another Look At Judicial Policy Making And The Modern State, Daniel A. Farber
Daniel A Farber
Reviews the book 'Judicial Policy Making and the Modern State: How the Courts Reformed America's Prisons,' by Malcolm Feeley and Edward Rubin.
A Fatal Loss Of Balance: Dred Scott Revisited , Daniel A. Farber
A Fatal Loss Of Balance: Dred Scott Revisited , Daniel A. Farber
Daniel A Farber
This essay focuses on three aspects of the Dred Scott opinion: its effort to ensure that blacks could never be citizens, let alone equal ones; its deployment of a "limited government" argument for a narrow interpretation of Congress's enumerated power over the territories; and its path-breaking defense of property rights against government regulation. These constitutional tropes of racism, narrowing of federal power, and protection of property were to remain dominant for another seventy-five years. Apart from the failings of the opinion itself, Dred Scott also represents an extraordinary case of presidential tampering with the judicial process and a breakdown in …