Articles Tagged justification

Chad M. Oldfather, Remedying Judicial Inactivism: Opinions as Informational Regulation

58 Fla. L. Rev. 743 (2006) | | | | INTRODUCTION :: Concern about so-called “judicial activism” is rampant. Despite a lack of consensus regarding precisely what the term means, those wielding it have in mind judges who overstep the bounds of their role. “Activist” judges usurp the authority of the political branches, decide issues […]

Alan E. Garfield, Protecting Children from Speech

57 Fla. L. Rev. 565 (2005) | | | | INTRODUCTION :: The notion that children need to be sheltered from inappropriate speech long predates Janet Jackson’s “wardrobe malfunction” or Bono’s expletive-enhanced acceptance of a Golden Globe. Plato expressed concern about youths’ impressionable minds 2300 years ago, stressing that the tales the “young first hear […]