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.
May 2015, Vol. 67, No. 3
Keith Cunningham-Parmeter, Marriage Equality, Workplace Inequality: The Next Gay Rights Battle
Samuel R. Wiseman, What Is Federal Habeas Worth?