A nice post here by Ed Brayton on judicial activism in which he cites an article by Keenan Kmiec in the California Law Review (vol. 92, page 1441 (2004)) last year called "The Origin and Current Meaning of 'Judicial Activism'" (apparently not available on line). While I have not read this article, I have met Keenan and he is one smart young dude.

Update: Several people have sent me the link to the Westlaw version of Keenan's article that is cited in this column by John Dean (of Watergate fame) [scroll about half-way down]. I am unsure, however, of the legality of this Hong Kong-based link to Westlaw--and would not want to rely upon John Dean as my sole source of legal expertise. If you have a knowledgeable opinion about this, feel free to email me. It would be useful to know.

Update: Princeton poli sci whiz Keith Whittington (who will be visiting at Texas law school this fall) writes to recommend this article: Bradley Canon, "Defining the Dimensions of Judicial Activism," Judicature 66 (1983): 237.