Document Type
Article
Publication Date
9-1-2018
Rights
Abstract
Evidence marshaled in a new article by Jonathan Marshfield suggests strongly that unlike judges of U.S. federal courts, judges of American state supreme courts both recognize and embrace their role as active participants in the process of indirect popular self-rule. Consequently, they much more willingly serve as active and self-conscious vectors of governance. This is not to say that state judges lack appropriate judicial humility; it is to say merely that they possess a different and more nuanced understanding of the role of courts in American government than some of their federal counterparts.
Publication Title
New England Law Review
First Page
545
Last Page
554
Recommended Citation
James A. Gardner,
Active Judicial Governance,
51
New Eng. L. Rev.
545
(2018).
Available at:
https://digitalcommons.law.buffalo.edu/journal_articles/939