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Judicial Independence In 2012 Under Russian President Vladimir Putin - An Exploration Of What "Judicial Independence" Really Means, And How It Remains Elusive In Russia, Alex E. Wolcott Dec 2011

Judicial Independence In 2012 Under Russian President Vladimir Putin - An Exploration Of What "Judicial Independence" Really Means, And How It Remains Elusive In Russia, Alex E. Wolcott

Alex E Wolcott

This Article examines the current state of judicial independence in Russia. It considers how the various branches of government interact with each other, what the driving forces are for continuing the tradition of federal control over the judiciary, and how the 2012 reelection of Russian President Vladimir Putin will continue steering Russia away from an independent judiciary without international pressure and assistance. Lastly, this Article considers what steps can be taken to demonstrate to the Russian government and its people that an independent judiciary is the heart of enforcing the rule of law and establishing a successful country. The Russian …


The Targeted Killing Judgment Of The Israeli Supreme Court And The Critique Of Legal Violence, Markus Gunneflo Dec 2011

The Targeted Killing Judgment Of The Israeli Supreme Court And The Critique Of Legal Violence, Markus Gunneflo

Markus Gunneflo

The targeted killing judgment of the Israeli Supreme Court has, since it was handed down in December 2006, received a significant amount of attention: praise as well as criticism. Offering neither praise nor criticism, the present article is instead an attempt at a ‘critique’ of the judgment drawing on the German-Jewish philosopher Walter Benjamin’s famous essay from 1921, ‘Critique of Violence’. The article focuses on a key aspect of Benjamin’s critique: the distinction between the two modalities of ‘legal violence’ – lawmaking or foundational violence and law-preserving or administrative violence. Analysing the fact that the Court exercises jurisdiction over these …


The Worst Way Of Selecting Judges—Except All The Others That Have Been Tried, Michael R. Dimino Dec 2004

The Worst Way Of Selecting Judges—Except All The Others That Have Been Tried, Michael R. Dimino

Michael R Dimino

This Essay critiques the arguments leveled at judicial elections. For each criticism--which I have discovered through a reasonably thorough review of cases and law review commentary--I assess the degree to which the criticism is valid, and also the degree to which other judicial-selection methods fall prey to the same criticism. I argue that the flaws of judicial elections, though often considerable, are shared in large part by alternative selection systems. Beyond, however, being simply equivalent in malignity to other selection methods, elections have--or, rather, may have, depending on the content of judicial election campaigns--one advantage over other systems that instigated …