Scalia v. Epstein: Two Views on Judicial ActivismWith the appointment of William H. Rehnquist as Chief Justice of the United States and Antonin Scalia as associate justice, there is renewed interest in questions of judicial activism and the role of the courts in protecting personal and economic liberties. To further public discussion of these fundamental questions, the Cato Institute is pleased to present this debate between Judge Scalia and Richard A.Epstein, James Parker Hall Professor of Law at the University of Chicago and editor of the Journal of Legal Studies. These papers were originally delivered at the Cato Institute's conference "Economic Liberties and the Judiciary" on October 26,1984, and appeared in the Winter 1985 issue of the Cato Journal. |
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26 October abuses of faction activities of society AFFAIRS AS HUMAN author's remarks delivered authorized believe branches of government called civil rights Cato Institute Cato Institute's conference Cato Journal conference Economic Liberties confiscate Congress debate due process clause economic affairs economic field economic freedom economic rights economic sophistication effect eminent domain clause EPSTEIN Antonin Scalia federal government Fourteenth Amendment hope to correct human affairs impose incremental adjustments Institute's conference Economic intervention to protect James Parker Hall judges judicial activism judicial intervention judicial restraint judiciary kinds of incremental lative legis legislative behavior legislature limit their constitutionalizing Midkiff nomic liberties Parker Hall Professor political freedom principle problem protect economic liberties protecting of economic regulation rights and liberties rights reserved Scalia's position slippery slope social consensus statute substantive due process substantive economic tion of judicial type I error University of Chicago unthinkingly call