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Essays
How to Fix ICWA
Timothy Sandefur offers concrete policy changes that he believes would fix the Indian Child Welfare Act.
Essays
The Supreme Court Needs a New Judicial Approach: The Case for Judicial Engagement
Evan Bernick argues that the Supreme Court should actively protect individual rights and constitutional structure.
Essays
The Name Game
David A. Strauss argues that "judicial engagement" is little more than a buzzword.
Essays
The Case for Judicial Disengagement… Except Where Appropriate
Barry P. McDonald explains why the U.S. judicial system properly defers to legislators in many types of cases.
Essays
Let’s Break Off the Engagement
Edward Whelan argues that the real question concerns constitutional originalism, not activism or restraint.
Essays
It Takes a Theory to Beat a Theory
Evan Bernick replies to David A. Strauss, arguing that judicial engagement is a genuine obligation of judges, and not a mere smokescreen for politics.
Essays
Judicial Engagement and the “Will of the People”: Dispelling the Myth of Majoritarianism
Evan Bernick replies to Barry McDonald: Judicial engagement is required by the Constitution itself, which embodies the will of the people.
Essays
Is Judicial Engagement Consistent With Original Meaning? Five Answers for Ed Whelan
Evan Bernick answers Ed Whelan: Judicial engagement is both substantive and necessary.
Essays
Bernick Leaves Important Questions Unanswered
Barry P. McDonald takes issue with Evan Bernick's philosophy of judicial engagement.