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Full-Text Articles in Law
Ratification Of Reapportionment Plans Drawn By Redistricting Commissions, Poonam Kumar
Ratification Of Reapportionment Plans Drawn By Redistricting Commissions, Poonam Kumar
University of Michigan Journal of Law Reform
Partisan gerrymandering is a danger that threatens the foundations of the American democratic structure. This Note argues that partisan gerrymandering must be eliminated in order to foster political competition and ensure government accountability. Without a judicial solution, redistricting commissions present a viable option to help cure the ills of partisan gerrymandering. This Note argues that automatic and mandatory state supreme court judicial review must be the process by which the redistricting plans drawn by these commissions are ratified. Automatic judicial review permits redistricting to remain a legislative task while giving the judiciary a quintessential judicial task. In addition, this Note …
Resisting The Corporatization Of Nonprofit Governance: Transforming Obedience Into Fidelity., Linda Sugin
Resisting The Corporatization Of Nonprofit Governance: Transforming Obedience Into Fidelity., Linda Sugin
Fordham Law Review
No abstract provided.
The Search For Greater Accountability Of Nonprofit Organizations: Recent Legal Developments And Proposals For Change, Marion R. Fremont-Smith
The Search For Greater Accountability Of Nonprofit Organizations: Recent Legal Developments And Proposals For Change, Marion R. Fremont-Smith
Fordham Law Review
No abstract provided.
The Restricted Gift Life Cycle, Or What Comes Around Goes Around, John K. Eason
The Restricted Gift Life Cycle, Or What Comes Around Goes Around, John K. Eason
Fordham Law Review
No abstract provided.
How The Pickers Pick: Finding A Set Of Best Practices For Judicial Nominating Commissions, Rachel Paine Caufield
How The Pickers Pick: Finding A Set Of Best Practices For Judicial Nominating Commissions, Rachel Paine Caufield
Fordham Urban Law Journal
This article discusses the history and development of judicial selection in the states. It examines the 'merit selection' system of judicial appointment and the role of nominating commissions. The article concludes with a section of recommendations for the best practices that should be formally written down and adopted by nominating commissions.
Beyond Quality: First Principles In Judicial Selection And Their Application To A Commission-Based Selection System, Jeffrey D. Jackson
Beyond Quality: First Principles In Judicial Selection And Their Application To A Commission-Based Selection System, Jeffrey D. Jackson
Fordham Urban Law Journal
This article discusses the principles that the judicial system should advance in the selection of its judges. In addition to judicial quality, there are five other “first principles” that should be advanced in an optimal selection system: independence, accountability, representativeness, legitimacy, and transparency.
A View From The Ground: A Reform Group’S Perspective On The Ongoing Effort To Achieve Merit Selection Of Judges, Shira J. Goodman, Lynn A. Marks
A View From The Ground: A Reform Group’S Perspective On The Ongoing Effort To Achieve Merit Selection Of Judges, Shira J. Goodman, Lynn A. Marks
Fordham Urban Law Journal
This article describes the history of judicial selection in the state of Pennsylvania. It describes the judicial selection reform movement and the growth of the organization Pennsylvanians for Modern Courts ("PMC") which devises solutions to meet the various challenges to judicial integrity in Pennsylvania. It focuses on the merit system that PMC has been trying to achieve for Pennsylvania's appellate courts.
Appointing Judges The European Way, Mary L. Volcansek
Appointing Judges The European Way, Mary L. Volcansek
Fordham Urban Law Journal
This Article looks at methods of judicial selection in Europe as a way to contrast and perhaps better understand and improve the systems of judicial selection used in the United States. The article argues that in Europe, judicial independence is prized above and beyond any other possible positive trait. The democratic legitimacy of European judges derives from the intimate connection between democracy and the rule of law. Legitimacy does not attach, in the public eye, to a single political institution, but rather to the system as a whole.
A Cancer On The Republic: The Assault Upon Impartiality Of State Courts And The Challenge To Judicial Selection, Donald L. Burnett
A Cancer On The Republic: The Assault Upon Impartiality Of State Courts And The Challenge To Judicial Selection, Donald L. Burnett
Fordham Urban Law Journal
This Article examines judicial impartiality in the context of the state courts. Section I endeavors to show how impartial state courts are essential to fulfilling the constitutional guarantees of a republican form of government and of due process and equal protection of the law. Section II describes the current assault upon the impartiality of state courts, and Section III suggests several ways in which this cancer on the republic can be slowed or reversed—by specific actions within, or related to, the judicial selection process.
Towards A Right To Privacy In Transnational Intelligence Networks, Francesca Bignami
Towards A Right To Privacy In Transnational Intelligence Networks, Francesca Bignami
Michigan Journal of International Law
Privacy is one of the most critical liberal rights to come under pressure from transnational intelligence gathering. This Article explores the many ways in which transnational intelligence networks intrude upon privacy and considers some of the possible forms of legal redress. Part II lays bare the different types of transnational intelligence networks that exist today. Part III begins the analysis of the privacy problem by examining the national level, where, over the past forty years, a legal framework has been developed to promote the right to privacy in domestic intelligence gathering. Part IV turns to the privacy problem transnationally, when …