Topic
Judicial Restraint
21 published works
Indian Blog of International Law
Left Unspoken: Judge Neeru Chadha, Judicial Restraint and the Development of the Law of the Sea
By Aman Kumar
Arunava Banerjee Introduction On 30 September 2026, Her Excellency Judge Neeru Chadha’s term at the International Tribunal for the Law of the Sea (ITLOS or the Tribunal) came to an…
UK Constitutional Law Association | The Blog
Conor McCormick: Monitoring the Judiciary
By UKCLA
Judges primarily decide cases, but they also make strategic decisions aimed at maintaining the constitutional authority of the judiciary as a whole. Doctrines, bundling, timing, and public engagement are among…
California Public Agency Labor & Employment Blog
David Souter (1939-2025)
By Paul D. Knothe, Chase Booth
U.S. Supreme Court Justice David Souter passed away on May 8, 2025, at the age of 85. A quiet and scholarly figure, Justice Souter served nearly two decades on the…
Simple Justice
Tuesday Talk*: Judicial Restraint
Colorado lost as a unanimous Supreme Court held that a state cannot disqualify a candidate for president on its own. How did a unanimous, per curiam, opinion, as concurrer Justice…
Sentencing Law and Policy
"The Capital Shadow Docket and The Death of Judicial Restraint"
The title of this post is the title of this new paper on SSRN authored by Jenny-Brooke Condon. Here is its abstract: The Supreme Court’s recent approach to late-state execution…
PrawfsBlawg
Kagan and the Chief
Main Monday, July 03, 2023Kagan and the ChiefChief Justice Roberts is displeased with some language in Justice Kagan's strong dissent in Biden v. Nebraska. Here is what Kagan said:From the…
San Antonio Employment Law Blog
Dobbs Decision Violates Principle of Judicial Restraint
Judges have employed principles of decision-making since time immemorial. One such principle is "judicial restraint." This principle assumes what should be obvious: courts and judges retain their authority only so…
Commercial Litigation Update
Two “GVRs” Show Continued Restraint by the Justices
Our colleague Stuart Gerson of Epstein Becker Green has a new post on SCOTUS Today that will be of interest to our readers: "Two 'GVRs' Show Continued Restraint by the Justices." The following is…
The Faculty Lounge
Judging Judicial Minimalism
The Court avoided the issue of partisan gerrymandering yesterday by remanding Gill v. Whitford on standing grounds. A number of commentators have noticed the Court's recent minimalism. Garret Epps asserts…
The Faculty Lounge
Courts, Backlash, and Social Change: Learning from the History of Prigg v. Pennsylvania
My article, Courts, Backlash, and Social Change: Learning from the History of Prigg v. Pennsylvania, will be published in the Penn State Law Review. Here is the abstract: Scholars have…