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Hastings Law Journal

Authors

Laura E. Little

Abstract

In the enclosed study, Professor Little analyzes judicial review from a perspective never before explored: civilization's understanding of jealousy and envy. For her raw material, Professor Little uses the recently aggressive decisions of the United States Supreme Court interpreting federalism and separation of powers issues. She scrutinizes the decisions in light of scholarship in philosophy, psychology, and other social sciences studying the sources and cures for envy and jealousy. In particular, Professor Little uses the jealousy and envy literature to navigate several questions seizing the attentions of federal jurisdiction and constitutional law scholars: Can we justify supreme judicial review? Is there an optimum scope and subject matter for judicial review? Is functionalism or formalism the best jurisprudential approach for federal courts wrestling with questions of constitutional governance? Surprisingly, she concludes that judicial review can actually help control the judiciary's envy and jealousy toward other branches-although the beneficial effect varies considerably given the subject matter reviewed and form of analysis employed.

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