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Full-Text Articles in Law
The State Of Judiciary: A Corporate Perspective, Larry D. Thompson
The State Of Judiciary: A Corporate Perspective, Larry D. Thompson
Scholarly Works
The rule of law depends on highly talented, independent judges who conscientiously strive to ensure that the law is consistently applied in a principled and predictable manner This Essay addresses two potential threats to judicial independence and the rule of law that we believe warrant special attention at this time. First, inadequate judicial salaries pose a threat to the quality and independence of the judiciary. Judges' real pay has declined substantially over the past generation, even as the compensation of other callings within the legal profession has risen dramatically. This growing disparity in pay has prompted an increasing number of …
The Impact Of Popular Culture On American Perceptions Of The Courts, David Ray Papke
The Impact Of Popular Culture On American Perceptions Of The Courts, David Ray Papke
Indiana Law Journal
Conference of Chief Justices and Conference of State Court Administrators Annual Meeting July 29-August 2, 2006 Indianapolis, Indiana.
Building Support For Strong, Fair, And Impartial Courts, Michael A. Wolff
Building Support For Strong, Fair, And Impartial Courts, Michael A. Wolff
Indiana Law Journal
Conference of Chief Justices and Conference of State Court Administrators Annual Meeting July 29-August 2, 2006 Indianapolis, Indiana.
Popular Dissatisfaction With Judicial Restraint-Do Americans Really Want An Independent Judiciary?, Michael S. Greco
Popular Dissatisfaction With Judicial Restraint-Do Americans Really Want An Independent Judiciary?, Michael S. Greco
Indiana Law Journal
Conference of Chief Justices and Conference of State Court Administrators Annual Meeting July 29-August 2, 2006 Indianapolis, Indiana.
Governing By Network: The Answer To Pound's Unanticipated Dissatisfaction, Stephen Goldsmith
Governing By Network: The Answer To Pound's Unanticipated Dissatisfaction, Stephen Goldsmith
Indiana Law Journal
Conference of Chief Justices and Conference of State Court Administrators Annual Meeting July 29-August 2, 2006 Indianapolis, Indiana.
Judicial Independence, Judicial Accountability And Interbranch Relations, Stephen B. Burbank
Judicial Independence, Judicial Accountability And Interbranch Relations, Stephen B. Burbank
All Faculty Scholarship
In this paper I argue that the main cause of the poisonous state of interbranch relations involving the federal judiciary, as of the frequent and strident attacks on courts, federal and state, are strategies calculated to persuade the public that courts are part of ordinary politics and thus that judges are policy agents to be held accountable as such. Although unremarkable in the sense that a breakdown in norms of interdependency is a defining characteristic of contemporary politics, I regard the current situation involving the federal judiciary as remarkably dangerous because of the possibility that a tipping point of no …
Justice O'Connor And 'The Threat To Judicial Independence': The Cowgirl Who Cried Wolf?, Arthur D. Hellman
Justice O'Connor And 'The Threat To Judicial Independence': The Cowgirl Who Cried Wolf?, Arthur D. Hellman
Articles
Sandra Day O'Connor retired from active service on the United States Supreme Court in early 2006. As her principal "retirement project," she has taken on the task of defending the independence of the judiciary. In speeches, op-ed articles, and public interviews, she has warned that "we must be ever vigilant against those who would strong-arm the judiciary into adopting their preferred policies." Justice O'Connor has done the nation a service by bringing the subject of judicial independence to center stage and by calling attention to the important values it serves. Unfortunately, however, in describing the threats to that independence, she …