Book ChapterDOI
Judges of Character
TLDR
For forty years, legal academics have been lost in a wilderness born of the counter-majoritarian difficulty as mentioned in this paper, arguing about the legitimacy of judicial review and asking whether it is a curse or a blessing.Abstract:
For forty years, legal academics have been lost in a wilderness born of the counter-majoritarian difficulty. Despite a two-century pedigree, we are still arguing about the legitimacy of judicial review and asking whether it is a curse or a blessing. Many of our most prominent constitutional scholars are mired in attempts to constrain judicial review so as to reconcile it with their idealized vision of a constitutional regime grounded in pure majoritarianism. None has succeeded.read more
Citations
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Journal ArticleDOI
Our Kardashian Court (and How to Fix It)
TL;DR: In this article, the authors suggest that Justices have become celebrities and like other celebrities, play to their fan base and propose a solution to limit their opportunities to use their official status to do so.
Posted Content
Of Law, Virtue and Justice - An Introduction
TL;DR: Amalia Amaya and Ho Hock Lai as discussed by the authors, Law, Virtue and Justice (Oxford: Hart Publishing, 2012), have published an introductory chapter of the book.
Posted Content
Judicial Cincinnati: The Humble Heroism of Originalist Justices
TL;DR: The legal profession, especially the legal academics who usually sponsor these exercises, should take seriously the implications of their activities as mentioned in this paper, and the legal profession and the academic community should take serious the implications that the elevation of heroes serves an important pedagogical function.
Posted Content
Building a Better Judiciary
TL;DR: In this paper, the authors argue that good judging requires both expertise and a certain set of dispositional traits, and that it can be enhanced or hindered by both personal traits and situational characteristics.
Book ChapterDOI
The Jurisprudence of Making Decisions Affecting Children: An Argument to Prefer Duty to Children’s Rights and Welfare
TL;DR: In this paper, a duty-based approach to legal decision-making affecting children is proposed, arguing that duty can have three roles: as a tool to give specificity and resolve conflicts in current rights-and welfare-based decisionmaking; as a theoretical framework of itself, focused on the decision-maker; and as the basis for anchoring a virtue-led view of the aim for legal decision making affecting children, to enable children to flourish on their own terms.
References
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Journal ArticleDOI
The Right is Wrong on Rights@@@The Tempting of America: The Political Seduction of the Law.
Leonard W. Levy,Robert H. Bork +1 more
Book
The Votes That Counted: How the Court Decided the 2000 Presidential Election
TL;DR: In this article, the authors present a critical assessment of how well the courts coped with the competing expectations for impartial justice and favorable partisan results during the "Bush versus Gore" election.
Book
Breaking the Deadlock: The 2000 Election, the Constitution, and the Courts
TL;DR: The Deadlocked Election and the Postelection Struggle in the Courts: The road to Florida 2000 and the aftermath.
Book
Supreme Injustice: How the High Court Hijacked Election 2000
TL;DR: In this article, Dershowitz analyzes the decision of the Supreme Court in the context of the court's history of dealing with politically-charged cases, and concludes that the decision will come back to haunt the court and sull the American judicial system.
Related Papers (5)
Reconsidering Judicial Supremacy: From the Counter-Majoritarian Difficulty to Constitutional Transformations
Beyond the “Countermajoritarian Difficulty”: Lessons From Contemporary Democratic Theory
Scott E Lemieux,David J. Watkins +1 more