The Texas Review of Law & Politics is devoting its winter issue to the theme of Uncommon Fortitude. A short essay I contributed was titled Judicial Courage. The abstract is even shorter:
What does judicial courage mean? Supreme Court justices frequently accuse colleagues of being lacking in fortitude. But they rarely explain the concept. In this essay, I will briefly discuss judicial courage. Part I considers how Justices on the Supreme Court have used this doctrine—both to praise and to criticize. Part II focuses on judicial courage. These principles are also applied to lower court decisions in Part III.
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