LEGISLATING FROM THE STATE BENCH - A COMPARATIVE-ANALYSIS OF JUDICIALACTIVISM

This article considers the institutional and environmental factors tha t influence the degree of countermajoritarian judicial activism among state supreme courts. In our analysis, we consider two indicators of s uch activism: the tendency of each state court to overturn acts of the legislature and the extent to which each court engages in tort innova tion. We find, contrary to much conventional wisdom that courts in sta tes where judges are most insulated from local partisan politics are t he least likely to exhibit activist behavior. Rather, the most activis t courts are in states where justices reach office through district-ba sed electoral systems. We discuss the implications of these findings f or our understanding of judicial activism and judicial behavior.