Legal Scholarship
George Mason Law Review, Special Issue (2012): Judicial Engagement and the Role of Judges in Enforcing the Constitution. Features 12 articles on judicial engagement from an array of scholars and commentators, including:
- Randy Barnett, Judicial Engagement Through the Lens of Lee Optical
- Richard Epstein, Judicial Engagement with the Affordable Care Act: Why Rational Basis Analysis Falls Short,
- Clark Neily, Judicial Engagement Means No More Make-Believe Judging
Robert A. Levy and William Mellor, The Dirty Dozen: How Twelve Supreme Court Cases Radically Expanded Government and Eroded Freedom (2008).
Clark M. Neily III, No Such Thing: Litigating Under the Rational Basis Test, NYU Journal of Law & Liberty.
Clark M. Neily III, One Test, Two Standards: The On and Off Role of “Plausibility” in Rational Basis Review, Georgetown Journal of Law & Public Policy.
Clark M. Neily III, The Right To Keep And Bear Arms In The States: Ambiguity, False Modesty, And (Maybe) Another Win For Originalism, Harvard Journal of Law & Public Policy.
Clark M. Neily III and Robert McNamara, Getting Beyond Guns: Context for the Coming Debate Over Privileges or Immunities, Texas Review of Law & Politics.
Steven M. Simpson, Judicial Abdication and the Rise of Special Interests, Chapman Law Review.
- Judicial Engagement is Not Judicial Activism
Clark Neily, AFF Doublethink, April 23, 2012: The case for tarring as “activists” justices...
... more- Does the Constitution Protect Unenumerated Rights?
Paul Sherman, National Review Online, April 18, 2012: In response to my recent post..
... more- Judge's Harsh Words for High Court
Paul Sherman, National Review Online, April 18, 2012: This past Friday...
... more- Activism, Deference, and Judicial Engagement
Clark Neily, Volok Conspiracy, April 6, 2012: Last fall I wrote a series of posts...
... more- 'Judicial Activism' a Convenient Bogeyman
Lisa Knepper, CNN.com, April 6, 2012: The bogeyman of judicial activism is back in the news..
... more- How it Became so Hard to Build a Tree House
Anthony Sanders, Daily Caller, April 3, 2012: The U.S. Supreme Court recently...
... more- America Needs Judicial Engagement, Not Abdication
Jeff Rowes, Washington Examiner, March 25, 2012: In a recent New York Times opinion piece...
... more
