Supreme Court justices are often accused of inventing constitutional rights not supported by the Constitution’s text or the understanding of the Framers, but judicial dereliction sometimes runs in the opposite direction. The Court has allowed certain rights, including some expressly set for…
Day: February 2, 2018
More Lawyers or More Justice?
Two law professors, Benjamin Barton from the University of Tennessee and Stephanos Bibas (formerly at Penn and now on the Third Circuit) wrote a thoughtful book on criminal justice reform, Rebooting Justice, which I reviewed for Law and Liberty. Read about it here.
The Evolution of Robert Bork
The late, great Robert Bork is usually remembered as an advocate of judicial restraint. This is certainly the position he took in his famous 1971 article in the Indiana Law Journal, “Neutral Principles and Some First Amendment Problems,” and thereafter, but it turns out that earlier …