No problem generates more debate among constitutional scholars than how to approach constitutional interpretation. This Article critiques two representative theories (or families of theories), originalism and nontextualism, and offers a principled alternative, which we call “controlled activism.” By candidly acknowledging the judge’s creative role in constitutional lawmaking, controlled activism promises real limits on judicial discretion.
September 2015, Vol. 67, No. 5
Annemarie Bridy, Internet Payment Blockades
Felix Mormann, Clean Energy Federalism
Margaret Hu, Big Data Blacklisting
Clark S. Splichal, Recent Development: Craigslist and the CFAA: The Untold Story