Law360 (August 31, 2018, 2:18 PM EDT) -- This article is part of an Expert Analysis series of book reviews from judges.
Judge Jeremy Fogel Recent public discourse about the role of the judiciary, at least in the United States, has been remarkable for its lack of nuance. Depending upon the circumstances and one’s point of view, judges have been described as either strict constructionists or activists, as either impartial umpires or unelected legislators in robes. Media accounts routinely note the political party of the president or governor who appointed a judge, and judicial selection increasingly has been a focus of partisan conflict. But anyone who has been a...
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