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THE DISSENTS OF JUSTICE MARTHA B. SOSMAN: JUDICIAL RESTRAINT AND INTELLECTUAL HONESTY.

Authors :
Bigelow, Brandon L.
GarcĂ­, Dalmua
Source :
New England Law Review; Spring2008, Vol. 42 Issue 3, p453-469, 17p
Publication Year :
2008

Abstract

The article explores the dissents of Massachusetts Supreme Judicial Court Justice Martha B. Sosman which demonstrated her commitment to interpret the law in a common sense and consistent manner. She considered the so-called judicial restraint as code for intellectual honesty, which could override one's ideological leanings on various issues. It is noted that her dissent in Goodridge v. Department of Public Health reflected her views about her role as a judge, which involves making common sense decisions that best preserved the consistency of the law.

Details

Language :
English
ISSN :
00284823
Volume :
42
Issue :
3
Database :
Complementary Index
Journal :
New England Law Review
Publication Type :
Academic Journal
Accession number :
33312068