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Judicial Activism and Its Critics
Journal Articles
  • Kermit Roosevelt
  • Richard W. Garnett, Notre Dame Law School
Document Type
Conference Proceeding
Publication Date
Publication Information
155 U. Pa. L. Rev. PENNumbra 112 (2006)

"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 identifying and criticizing decisions...that fail to demonstrate th[e] virtue" of constitutional "humility."


Reprinted with permission of University of Pennsylvania Law Review PENNumbra.

Citation Information
Kermit Roosevelt and Richard W. Garnett. "Judicial Activism and Its Critics" (2006)
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