NCJ Number
137823
Journal
Criminal Justice Review Volume: 17 Issue: 1 Dated: (Spring 1992) Pages: 94-117
Date Published
1992
Length
24 pages
Annotation
Three authors, in combination, provide a complete spectrum of opinions about America's legal professionals and legal system: Robert F. Nagel in "Constitutional Cultures: The Mentality and Consequences of Judicial Review"; David Luban in "Lawyers and Justice: An Ethical Study"; and Daan Braverman in "Protecting Constitutional Freedoms: A Role of Federal Courts."
Abstract
Each author identifies his complaint and proposes a solution. Nagel condemns the excessive reliance on Supreme Court interpretations in all areas of public policy and proposes judicial restraint. According to Luban, lawyers have carved out a special morality for their profession which runs counter to the common morality. He proposes encouraging "moral activism" among lawyers. Braverman outlines the historical role of the federal judiciary in protecting constitutional rights and explains how the Supreme Court has closed the Federal courthouse doors. He recommends that Congress "repair much of the damage caused by the door-closing developments" and return the lower Federal courts to their active role of protecting constitutional freedoms. 5 references