October 5, 2008

Case Western lawprof Jonathan Adler, well known to many of our readers through his blogging at Volokh Conspiracy, and his attorney spouse Christina Adler have co-authored a paper for the Federalist Society on the favorable developments at the Ohio Supreme Court, which has pulled back from a number of its predecessor's decisions that have been assailed as ill-considered or lawless (in particular, the court's former unwillingness to allow the Ohio legislature to enact liability limits). The paper's title is "A More Modest Court: The Ohio Supreme Court's Newfound Judicial Restraint". Commenters on Prof. Adler's post @ Volokh disagree on whether the relatively weak challenges to conservative justices this year testify to a successful de-politicization of the court, or simply reflect liberal interests' temporary inability to recruit formidable challengers. We've covered the court's doings extensively in the past.