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Series

SSRN

Columbia Law School

2007

Courts

Articles 1 - 3 of 3

Full-Text Articles in Law

Foreword: Framing Family Court Through The Lens Of Accountability, Jane M. Spinak Jan 2007

Foreword: Framing Family Court Through The Lens Of Accountability, Jane M. Spinak

Faculty Scholarship

A two-day conference, 'Family Court in New York City in the 21st Century: What Are Its Role and Responsibilities?' was co-hosted by the Justice Center of the New York County Lawyers' Association (NYCLA) and Columbia Law School in October 2006. The conference recommendations and working group reports as well as articles and replies are contained in a symposium issue of the Columbia Journal of Law and Social Problems, for which this foreword was written. The foreword highlights the central concerns explored during the conference and the pervasive theme of accountability that emerged. Based on this theme, the foreword suggests a ...


Courts As Catalysts: Rethinking The Judicial Role In New Governance, Joanne Scott, Susan P. Sturm Jan 2007

Courts As Catalysts: Rethinking The Judicial Role In New Governance, Joanne Scott, Susan P. Sturm

Faculty Scholarship

This Article offers a step forward in developing a theory of judicial role within new governance, drawing on the emerging practice in both the United States and Europe as a basis for this reconceptualization. The traditional conception of the role of the judiciary – as norm elaborators and enforcers – is both descriptively and normatively incomplete, and thus needs to be rethought. There is a significant but limited role for courts as catalysts. In areas of normative uncertainty or complexity, courts prompt and create occasions for normatively motivated and accountable inquiry and remediation by actors involved in new governance processes. Catalysts thus ...


Overseers Or "The Deciders" – The Courts In Administrative Law, Peter L. Strauss Jan 2007

Overseers Or "The Deciders" – The Courts In Administrative Law, Peter L. Strauss

Faculty Scholarship

The Real World of Arbitrariness Review (q.v.) supplements Professors Miles and Sunsteins' valuable empirical analysis of federal court of appeals Chevron decisions, with a similar analysis of merits review of EPA and NLRB actions they associate with the Court's contemporary decision in State Farm. Their analysis shows political patterns that are perhaps not surprising; one should perhaps celebrate the evidence of effective moderation on mixed panels, although doubting whether measures intended to produce such panels might tend more to legitimize than to cure the politicization of judging.

This brief responsive essay begins by setting out a framework for ...