Scott Dodson (University of California Hastings College of the Law) has posted Parsing Judicial Activism (The Green Bag 2d, 2013 (Forthcoming)) on SSRN. Here is the abstract:
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his micro-symposium contribution responds to Suzanna Sherry's paper "Why We Need More Judicial Activism" and offers a heuristic — what I call libertarian activism — for distinguishing activism that reduces governmental power from activism that enhances governmental power.