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.
July 2015, Vol. 67, No. 4
Dru D. Stevenson & Nicholas J. Wagoner, Bargaining in the Shadow of Big Data
Marla Spector Bowman, Docs v. Glocks: Doctors, Guns, Discrimination, and Privacy – Is Anyone Winning?
Cole Barnett & Chris Weeg, Intervention in the Tax Court and the Appellate Review of Tax Court Procedural Decisions