Measuring meta-doctrine: an empirical assessment of judicial minimalism in the Supreme Court.

Harvard Journal of Law & Public Policy | June 22, 2009| | Copyright

One of the most influential recent theories of Supreme Court decision making is Professor Cass Sunstein's "judicial minimalism." Sunstein argues that a majority of the Justices of the Rehnquist Court were "minimalists," preferring to "leave things undecided" by favoring case-by-case adjudication over ambitious judicial agendas. Although many legal scholars have embraced Sunstein's argument, no piece of scholarship has attempted a quantitative empirical test of the theory. This Article develops an empirical measure for judicial minimalism and examines whether minimalism ...

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