“Clark Neily’s elegant essay slays the idea that ‘judicial restraint’ is always a virtue. It often amounts to judicial abdication. Neily explains that judges must judge to defend the rights that government exists to secure.”

- George F. Will


“Provocative yet fair-minded, this book is essential reading for anyone who cares about our courts, our Constitution, or our country.”

– Kermit Roosevelt, law professor at the University of Pennsylvania Law School and author of The Myth of Judicial Activism



“Through the use of compelling real-world cases, and remarkably clear, accessible and accurate explanations of current law, Clark Neily exposes the legal charade by which, in the name of "restraint," judges have stacked the deck in favor of those who use laws and regulations to line their own pockets. Required reading for all who care about their liberties and the Constitution that is supposed to protect them.”

– Randy Barnett, Carmack Waterhouse Professor of Legal Theory, and director of the Georgetown Center for the Constitution, Georgetown University Law Center


“Clark Neily weaves constitutional analysis with anecdotes in service of large principle. His basic principle is that a squishy policy of judicial deference disserves his clients, the public at large and the critical role of judicial oversight in a democracy. He is right on all counts. A great read for lawyers and nonlawyers interested in the real-world consequences of judicial decision making.”

– Richard Epstein, the Laurence A. Tisch Professor of Law at the New York University School of Law.

Buy your copy of the book Terms of Engagement today.

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