Abstract

http://ssrn.com/abstract=277711
 
 

Citations (1)



 


 



Envy and Jealousy: A Study of Separation of Powers and Judicial Review


Laura E. Little


Temple University - James E. Beasley School of Law


Hastings Law Journal, Vol. 52, No. 1, November 2000

Abstract:     
This article attacks the puzzling problem of federal judicial review from a perspective never earlier explored: through the lens of civilization?s understanding of the emotions of jealousy and envy. Drawing from sources in philosophy, psychology, and other social sciences, the article brings together separate trends reflected in positive law, the legal academy, and intellectual thought outside the law. For its raw material, the article focuses on the recently aggressive decisions of the United States Supreme Court interpreting federalism and separation of powers. By focusing on interdisciplinary understanding of jealousy and envy, the article uncovers new insights into these cases. As an organizing principle, Professor Little positioned her analysis within current debates about the appropriate role of federal courts and constitutional adjudication. In particular, Professor Little uses learning from jealousy and envy literature to navigate the following questions currently seizing the attentions of federal jurisdiction and constitutional law scholars: Can we justify supreme judicial review? Is there an optimum scope and subject matter for judicial review? Is functionalism or formalism the best jurisprudential approach for federal courts wrestling with questions of constitutional governance? While not resolving each of these questions definitively, the article engages with contemporary scholarship and contributes fresh insights in evaluating the merits of opposing positions.

Number of Pages in PDF File: 76

Accepted Paper Series





Download This Paper

Date posted: November 10, 2003 ; Last revised: November 26, 2008

Suggested Citation

Little, Laura E., Envy and Jealousy: A Study of Separation of Powers and Judicial Review. Hastings Law Journal, Vol. 52, No. 1, November 2000. Available at SSRN: http://ssrn.com/abstract=277711

Contact Information

Laura E. Little (Contact Author)
Temple University - James E. Beasley School of Law ( email )
1719 N. Broad Street
Philadelphia, PA 19122
United States
215-204-8955 (Phone)
215-204-1185 (Fax)
Feedback to SSRN


Paper statistics
Abstract Views: 1,108
Downloads: 80
Download Rank: 184,413
Citations:  1

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo6 in 0.312 seconds