Courts – especially the Supreme Court – are under attack from all sides of the political spectrum for being too “activist.” This seminar will explore that charge: what is judicial activism, how can we measure it, what, if anything, is wrong with it, and how can we fix the problem (if there is a problem)? Readings will be drawn from recent scholarly literature on these topics. Students will write three 12-15 page critical papers on the readings; grades will be awarded on the basis of those papers and participation in class discussion. Enrollment limited.
Prerequisite: Constitutional Law I