The Volokh Conspiracy

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New Essay: "Judicial Courage"

Coming soon in the Texas Review of Law & Politics issue on "Uncommon Fortitude"


The Texas Review of Law & Politics is devoting its winter issue to the theme of Uncommon Fortitude. I wrote a short essay, titled Judicial Courage. Here is the even-briefer abstract:

What is judicial courage? Supreme Court justices often accuse their colleagues of lacking fortitude, but they seldom explain what this concept means. This essay will provide a brief discourse about judicial courage. Part I considers how Justices on the Supreme Court have used this doctrine—both to praise and to criticize. Part II attempts to define judicial courage. And Part III applies these principles to decisions of the lower courts.

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