Clark Neily on Judicial Engagement

In this episode, Clark Neily, Vice President for Criminal Justice at the Cato Institute, discusses his book, "Terms of Engagement: How Our Courts Should Enforce the Constitution’s Promise of Limited Government," which is published by Encounter Books. Neily begins by explaining how judges decided constitutional questions, and how they distinguish between different kinds of constitutional questions. He observes that some constitutional claims get real judicial review, and others get "fake" judicial review, under the "rational basis" test. He argues that the rational basis test is an abdication of judicial responsibility, and that it should be eliminated. Neily is on Twitter at @ConLawWarrior.This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye. Hosted on Acast. See acast.com/privacy for more information.

Om Podcasten

Ipse Dixit is a podcast on legal scholarship. Each episode of Ipse Dixit features a different guest discussing their scholarship. The podcast also features several special series."From the Archives" consists historical recordings potentially of interest to legal scholars and lawyers."The Homicide Squad" consists of investigations of the true stories behind different murder ballads, as well as examples of how different musicians have interpreted the song over time."The Day Antitrust Died?" is co-hosted with Ramsi Woodcock, Assistant Professor of Law at the University of Kentucky College of Law, and consists of oral histories of the 1974 Airlie House Conference on antitrust law, a pivotal moment in the history of antitrust theory and policy.The hosts of Ipse Dixit are:Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of LawLuce Nguyen, a student at Oberlin College and the co-founder of the Oberlin Policy Research Institute, an undergraduate public policy organization based at Oberlin CollegeMaybell Romero, Assistant Professor of Law at Northern Illinois University College of LawAntonia Eliason, Assistant Professor of Law at the University of Mississippi School of LawSaurabh Vishnubhakat, Associate Professor of Law at Texas A&M School of LawJohn Culhane, Professor of Law at Widener University Delaware Law SchoolBenjamin Edwards, Associate Professor of Law at the UNLV William S. Boyd School of LawMatthew Bruckner, Associate Professor of Law at Howard University School of LawComments and suggestions are always welcome at brianlfrye@gmail.com. You can follow the Ipse Dixit on Twitter at @IpseDixitPod. Hosted on Acast. See acast.com/privacy for more information.