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Election-Campaign Law
: Election LawJustice Scalia, Faux Judicial Restraint, and Real Judicial Restraint in Citizens United
By Rick Hasen
Full post as published by Election Law on September 14, 2009 (boomark / email).
Scalia, Judicial Restraint, and Heller
Damon W. Root has an article on Reason.com discussing judicial restraint, the Supreme Court's current champion of the principle, Justice Antonin Scalia, and how Scalia completely and inexplicably...
Judicial Restraint or Judicial Obfuscation
Lyle Denniston has this very interesting post on the SCOTUS blog: The assault on "faux judicial restraint". The Wall Street Journal (subscription required) also discusses the issue in an article titled, Roberts Rules...
"Unraveling Judicial Restraint: Guns, Abortion, and the Faux Conservatism of J. Harvie Wilkinson, III"
"Unraveling Judicial Restraint: Guns, Abortion, and the Faux Conservatism of J. Harvie Wilkinson, III": Nelson Lund and David B. Kopel have posted this paper online at SSRN (via "The Volokh Conspiracy").
"Justice Scalia's Two-Front War: Despite lip service to 'judicial restraint' Scalia has been waging a war against consumer product regulation as well as protections for workers, at both the state and federal level."
"Justice Scalia's Two-Front War: Despite lip service to 'judicial restraint' Scalia has been waging a war against consumer product regulation as well as protections for workers, at both the state and federal level...
Conservative Legal Academics, McCain-Feingold, and "Judicial Restraint":
I have to disagree with co-blogger Orin Kerr's claim that "conservative" principles of "judicial restraint" should "lead a truly consistent conservative judge to be inclined to uphold McCain Feingold...
"In Defense of Judicial Activism: D.C. v. Heller and the failures of conservative judicial restraint."
"In Defense of Judicial Activism: D.C. v. Heller and the failures of conservative judicial restraint." Damon W. Root has this essay online at Reason.
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