Professor Robert Lipkin Speaks About Judicial Activism

Direct Link to the MP3 file

According to Professor Lipkin, “The worst entities to decide essentially contested issues are the court. The only people who can solve it are the people themselves, or their elected representatives.” The professor’s strong position prompted a number of questions an counterpoints, including Professor Patrick Kelly’s contention that Professor Lipkin was putting “ a lot of faith in Congress. My concern about all of this is that Congress is not a particularly democratic institution.” While Professor Lipkin noted that he did not in fact have great confidence in Congress, he did assert that because individual members of Congress have to answer to the people who elected them, they make a better check than Supreme Court justices who do not have to answer to anyone. Other topics debated included normal adjudication and revolutionary adjudication as well what constitutes activism.

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