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Judicial Activism by Judges on the Courts of Appeals

By Corey Rayburnyung

Although this has nothing to do with sex crimes, I have posted another article of mine Defining and Measuring Judicial Activism: An Empirical Study of Judges on the United States Courts of Appeals on SSRN. This is the abstract:Existing empirical scholarship about judicial activism has almost exclusively focused on 1) the United States Supreme Court; and 2) actions by the judiciary which invalidate legislative, executive, and state actions. This article contends that such limitations give an extremely narrow, and potentially flawed, vision of activism and judicial decisionmaking. The Supreme Court is a less than ideal institution to study because the ever-shrinking docket of the Court creates small population sizes, the writ of certiorari process creates significant selection effects, the lack of restraints on Justices makes it difficult to identify a ?correct? baseline to measure against, and the areas of law reviewed by the Court are quite limited...continue to full post

Full post as published by Sex Crimes on July 17, 2009 (boomark / email).