law and courts

The Courts and Social Change

By Scott Lemieux

In Uncategorized

On April 13, 2009

As part of our interminable but hopefully interesting series about judicial review, it may be worth considering Gerald Rosenberg's The Hollow Hope, invoked by Paul and now out in a new edition. It's not, exactly, that I disagree with Rosenberg's central argument. Indeed, if you...

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More on judicial review and democracy

By Paul Campos

On April 8, 2009

The court's decision can be defended, in theory, on various grounds.(1) The state's constitution actually required the court to rule as it did.I'm not going to debate this claim any.

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The Majoritarian Difficulty

By Scott Lemieux

On April 7, 2009

Neither house of Iowa's legislature has the slightest interest in a constitutional amendment overriding the state Supreme Court's perfectly plausible holding that denying same-sex couples marriage rights violates the state's.

Abdication of Responsibility

By Scott Lemieux

In Uncategorized

On December 29, 2008

Perhaps I'm missing something, but it seems clear to me that Minnesota court's order that both the Franken and Coleman campaigns had agree to a standard for counting improperly excluded ballots is pretty much the stupidest thing ever. Maybe before the election establishing such standards...