Abstract

http://ssrn.com/abstract=1932341
 


 



Slouching Toward Bethlehem with the Ninth Amendment


William W. Van Alstyne


Duke University School of Law; William & Mary Law School

1981

Yale Law Journal, Vol. 91, p. 207, 1981
William & Mary Law School Research Paper No. 09-158

Abstract:     
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 Review

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Date posted: September 23, 2011 ; Last revised: October 6, 2011

Suggested Citation

Van Alstyne, William W., Slouching Toward Bethlehem with the Ninth Amendment (1981). Yale Law Journal, Vol. 91, p. 207, 1981; William & Mary Law School Research Paper No. 09-158. Available at SSRN: http://ssrn.com/abstract=1932341

Contact Information

William W. Van Alstyne (Contact Author)
Duke University School of Law ( email )
Box 90360
Duke School of Law
Durham, NC 27708
United States
William & Mary Law School ( email )
South Henry Street
P.O. Box 8795
Williamsburg, VA 23187-8795
United States
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