Search Site
Menu
Activism v. Precedent

Senate hearings on Supreme Court nominee Elena Kagan focused on the issue of whether a judge should be an activist or respect precedent. Those two are generally seen as mutually exclusive, but depending upon what comes before the court, the very same people who want precedent respected may feel otherwise. The converse may also be true: those who want activist judges want some precedents respected, especially if it would uphold a decision that is favorable to their side. That reminds me of what I was taught in political science, termed by the professor, “the ox-gore theory.” His point was that it all came down to whose ox was being gored. The theory was that you were governed by your vested interest and tailored your argument accordingly.

Without coming down strongly on the side of activism over precedent, I have to say I support the three decisions referenced in a recent blog. There I discussed the abrogation of spousal immunity and cited language from the Supreme Judicial Court endorsing the view that social contexts of generations past may be inadequate. That sounds like a basis to create new rights. Of course, the state court is invested with the authority to create new rights in common law, which includes tort law.

Leave a Reply

Your email address will not be published. Required fields are marked *

Feinberg & Alban, P.C. fervently protects your rights
  • The Boston firm of Feinberg & Alban, P.C. specializes its practice in the area of personal injury.

    The attorneys serve the entire state of Massachusetts in addition to affiliating with lawyers in other states to handle cases outside of Massachusetts.

  • $7.7 Million Award for Feinberg & Alban Client in Personal Injury Trial

    Boston Attorneys Win Highest Injury Verdict in Massachusetts in 2011 & 2012.

Client Reviews
  • google
    5.0/5.0

    Attorney Santora was very attentive to the details of my case. She was prompt in returning either phone calls or emails. Her expertise aided me in making a decision. It was a pleasure to have her represent me.

    Read more

    Karen Trahan

  • google
    5.0/5.0

    It has been a pleasure working with Feinberg & Alban. I have used then in the past and they have always been both professional and kind in handling my cases and always with a successful outcome. They are a great group of lawyers.

    Read more

    Susan Bender

  • google
    5.0/5.0

    Just wanted to give a review on my experience. My wife was a pedestrian when hit by a car. During that time it was very difficult. Colleen was helpful and understanding with what we were going through. She made the process easy for us to get compens...

    Read more

    David Handley

  • google
    5.0/5.0

    Colleen Santora is the attorney with Feinberg & Alban PC who represented me in my personal injury claim. She was very professional, kind, responsive and communicative throughout the entire process. It was a pleasure to work with her through this pr...

    Read more

    Debbie

  • google
    5.0/5.0

    I recently hired Robert Feinberg of Feinberg and Alban. He was professional, knowledgeable, compassionate, reliable and responsive. The results he brought me were truly amazing. I would highly recommend Robert Feinberg to friends and relatives. I ...

    Read more

    Joanie Bell

See all reviews
Awards & Affiliations
Contact us

Quick Contact Form