THE PLATONIC GUARDIAN AND THE LAWYER'S JUDGE: CONTRASTING THE JUDICIAL PHILOSOPHIES OF EARL WARREN AND JOHN M. HARLAN
In: Houston Law Review, Jg. 44 (2007-07-01), S. 253
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Zugriff:
I. Introduction Almost a quarter of a century has passed since Anthony Lewis announced, "We are all activists now." 2 Although Lewis spoke at that time of the Burger Court, many believe that comment still rings true today. 3 Action, however, has not always been the hallmark of the federal courts; indeed, the activism seen in the courts today began largely with the work of the Supreme Court under Chief Justice Earl Warren only a generation ago. 4 Nevertheless, despite the relatively recent rise of activist majorities on the High Court, many regard such activism as the historical norm and see calls for a restraintist retrenchment as a politically motivated affront to the obligations and legitimate powers of the judiciary. 5 Ironically, "this is the same light in which the decisions of the Warren period were regarded by orthodox lawyers then: as a political challenge to the rule of law embodied in the decisions of the previous period." 6 In other words, an entire generation grew up with judicial activism as an unquestionable truth. To legally aware young Americans, activism is a timeless reality, just like racially integrated schools and the right to an abortion. 7 But as with integration and abortion, a time existed when lawyers and judges fought bitterly over the constitutionality of judicial activism. Anthony Lewis claims that the fight is over and that the activists won. 8 Although some dispute the assertion that "we are all activists now," 9 this Article deals not with the ...
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THE PLATONIC GUARDIAN AND THE LAWYER'S JUDGE: CONTRASTING THE JUDICIAL PHILOSOPHIES OF EARL WARREN AND JOHN M. HARLAN
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Autor/in / Beteiligte Person: | Brown, Judge Jeff |
Zeitschrift: | Houston Law Review, Jg. 44 (2007-07-01), S. 253 |
Veröffentlichung: | 2007 |
Medientyp: | academicJournal |
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