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 2014, Vol. 66, No. 5
F. Patrick Hubbard, “Sophisticated Robots”: Balancing Liability, Regulation, and Innovation
Christopher R. Drahozal & Erin O’Hara O’Connor, Unbundling Procedure: Carve-Outs From Arbitration Clauses
Jason Rantanen & Lee Petherbridge, Ph.D., Disuniformity