Conservative judges like to say that they’re not activists; they defer to the legislator. Their interest is legal, political, and social conservation: preserving the will of the people. Yet the career of Antonin Scalia, who died on February 13, demonstrates that the most conservative

The recent death of Harper Lee propels me to share some thoughts about her famous fictional lawyer, Atticus Finch, in the context of that insistent legal fiction, the reasonable person of the law reports. Notoriously and deliberately, the RP is “an excellent if odious creature.&