Slouching Toward Bethlehem with the Ninth Amendment
William W. Van Alstyne
Duke University School of Law; William & Mary Law School
Yale Law Journal, Vol. 91, p. 207, 1981
William & Mary Law School Research Paper No. 09-158
This review discusses Charles Black’s work “Decision According to Law”, which examines the tendency and the means used by activist judges to provide fair decisions through the use of more flexible principles of Constitutional law. While Black’s writing style is both informative and powerful, his original thesis regarding the Ninth Amendment acting as Congressional endorsement of the courts’ activist role is uncompelling and poorly supported.
Number of Pages in PDF File: 11
Keywords: Ninth Amendment, Activist Judge, Book ReviewAccepted Paper Series
Date posted: September 23, 2011 ; Last revised: December 30, 2014
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