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Full-Text Articles in Law
Why Bias Challenges To Administrative Adjudication Should Succeed, Kent Barnett
Why Bias Challenges To Administrative Adjudication Should Succeed, Kent Barnett
Missouri Law Review
Administrative adjudication’s partiality problem is a worthy candidate to join these claims for three reasons. First, prohibiting administrative adjudicators’ partiality, unlike some other structural areas, does not require overruling prior decisions and relies heavily on the Court’s recent precedent. Second, partiality challenges fit comfortably within the Court’s penchant for formalism and prophylaxes in structural constitutional matters. Indeed, formalism is much more justified for partiality challenges than certain other structural issues and has a longer jurisprudential provenance. Finally, as compared to other proposed challenges to the administrative state, challenges based on administrative partiality are more likely to earn enough votes to …
Judicial Bias: The Ongoing Challenge, Kathleen Mahoney
Judicial Bias: The Ongoing Challenge, Kathleen Mahoney
Journal of Dispute Resolution
This article calls for a renewed commitment to judicial education on the roles that gender, race, class and other biases can have on judicial decisions and impartiality. This article also calls for the appointment of a more representative and diverse judiciary. An explosion of activity occurred for about a decade between the late 1980s until the late 1990s to promote and implement social context education for judges to help judges understand the realities of people most unlike themselves, and to appoint judges to be more representative of the population of Canada. But this trend has diminished to the point that …