Criminal Law

Judicial Activism Alert
We always hear outrage over "judicial activism." We are told that judicial activism is wrong... for some reason. Oddly (or not?) the only time we hear complaints about judicial activism are when minority rights are vindicated...

Activism What Activism
Ed Whalen has this post on National Review Bench Memos blog: Discussing the California marriage ruling on Slate, Dahlia Lithwick argues, inconsistently, both that ?judicial activism? is ?an empty label? and that there?s a ?difference between judicial activism and judicial action...

Findlaw Commentator: McCain proves judicial activism is a non-issue
"There is an obvious reason why McCain could muster only scant evidence for his rant against liberal judicial activism: Liberal judicial activism, as McCain invokes the term, has been dying for a long time and is now pretty close to dead...

Massachusetts: Will it Be Law or Anarchy
This is why so many express disdain for the kind of judicial activism that brought us Goodridge. Judicial activism is repugnant, because it undermines the rule of law. Yet, we now risk moving a step beyond the problem of judicial activism...

Judicial procedural appellate activism
Since most people that talk about ?judicial activism? are political hacks seeking the favor of non-lawyers, I don?t take them seriously. In fact, I think they should be disbarred. However, I have attempted to compile two definitions (taken in part...

The Judicial Activism of the Roberts Court
It is the first week of the United States Supreme Court’s 2008-2009 term.  What should we expect this year from the Roberts Court?  More judicial activism. If the central meaning of “judicial activism” is the willingness of courts to second guess political bodies, then the Roberts Court is an “activist” Court...