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Event Governance Civil Justice

Terms of Engagement: How Our Courts Should Enforce the Constitution's Promise of Limited Government

Thursday December 2013


Clark M. Neily III Senior Attorney, Institute for Justice
Richard A. Epstein Laurence A. Tisch Professor of Law & Director of the Classical Liberal Institute, NYU School of Law; Peter and Kirstin Bedford Senior Fellow, Hoover Institution; Visiting Scholar, Manhattan Institute

In his new book Terms of Engagement, the Institute for Justice’s Clark Neily jettisons both the “judicial activism” commonly favored on the left and the “judicial restraint” often embraced by the right—each of which, in his view, lead to greater government power and diminished individual rights. Instead, Neily calls for a “judicial engagement,” founded on neutral principles in all cases, which would actually judge all cases and properly apply the Constitution.

Neily’s book is filled with real-world examples, drawn upon his experience as a litigator whose cases have included District of Columbia v. Heller, the landmark 2008 decision in which the Supreme Court announced for the first time that the Second Amendment protects an individual right to own a gun for self-defense.