Constrained judicial activism not bound by text Dynamic judicial activism founders intent WEBSITES SCOTUS blog Oyez org Find Law Lexis News Justicia OFFICE HOURS VKC 302 mon 2 4 fri 1 1 50 Self help No neutral third party Not all created equal Pro Efficiency Tailored Mutual accommodation Con Limited access Risk of escalation No procedural checks ODR Embedded within the logic of the triad Public opinion Does it matter Judges are not impartial Should it matter Should judges be elected why why not Biased Dynamic Written laws open to interpretation Constrained More agreement bound by constitution laws Voting Analysis 5 4 Ideology matters dynamic 9 0 7 2 6 3 Constrained Text Analysis Majority dissent Dynamic One maj opinion 2 dissents Constrained One majority One dissent 2 dissent Key aspect analysis 1 Argument 2 Reasoning 3 Evidence 4 Impact BROWN Started out as entrepreneurial politics Judicial activism Policymaking Brown v board Free speech regulated by time place and manner Judicial restraint Judicial policymaking Laws are vague Right to privacy Unreasonable search and seizure unusual cruel punishment Due process Equal protection Citizens united Text maj first amendment precedent BCRA Dynamic Voting 5 4 Dynamic Robert Labaree vkc Pew and gallop
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