Monday, November 20, 2006
"Judicial Activism" debate
It's not quite "Catholic," but there's some "legal theory", so . . .
Here is a debate, on the web site -- "PENNumbra" -- of the Penn Law Review, between Prof. Kermit Roosevelt (Penn) and me about his new book, "The Myth of Judicial Activism." Here is the teaser:
“Judicial activism,” writes Professor Kermit Roosevelt, of Penn, has been employed as an “excessive and unhelpful” charge—one “essentially empty of content.” As a substitute, Roosevelt reviews here the framework for analysis of Supreme Court opinions that receives fuller treatment in his recent book, The Myth of Judicial Activism. Professor Richard W. Garnett, of Notre Dame, is willing to go along with “much, though not all, of Roosevelt’s position. Ultimately, Garnett suggests “that ‘judicial activism’ might be salvaged, and used as a way of identfying and criticizing decisions . . . that fail to demonstrate th[e] virtue” of constitutional “humility.”
https://mirrorofjustice.blogs.com/mirrorofjustice/2006/11/judicial_activi.html