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Articles 1 - 11 of 11
Full-Text Articles in Law
May Judges Attend Privately Funded Educational Programs? Should Judicial Education Be Privatized?: Questions Of Judicial Ethics And Policy, Bruce A. Green
May Judges Attend Privately Funded Educational Programs? Should Judicial Education Be Privatized?: Questions Of Judicial Ethics And Policy, Bruce A. Green
Fordham Urban Law Journal
This Article addresses questions of judicial ethics raised by privately-funded judicial seminars and how they are answered by existing legal and ethical standards. It discusses the relevant restrictions and describes the courts' interpretations. The Article concludes that these interpretations are rooted in reasonable understandings of the current restrictions. It questions whether or not the current standards and processes are sufficient.
Reflections Upon Judicial Independence As We Approach The Bicentennial Of Marbury V. Madison: Safeguarding The Constitution's "Crown Jewel", Honorable Gerald E. Rosen, Kyle W. Harding
Reflections Upon Judicial Independence As We Approach The Bicentennial Of Marbury V. Madison: Safeguarding The Constitution's "Crown Jewel", Honorable Gerald E. Rosen, Kyle W. Harding
Fordham Urban Law Journal
This Article traces the history of judicial independence from the drafting of the Constitution and the Supreme Court's articulation of judicial review in Marbury v. Madison. It addresses the obstacles encountered during the ratification process and the reaction to the Marbury decision. The Article then summarizes the continued challenges to judicial independence, from President Roosevelt's "court-packing" plan to characterizations of judicial activism in Lochner v. New York. The Article concludes by warning that judges must remain vigilant against the impact of the highly partisan political process and the advent of powerful special interest groups.
Telephone Justice, Pandering, And Judges Who Speak Out Of School, Randall T. Shepard
Telephone Justice, Pandering, And Judges Who Speak Out Of School, Randall T. Shepard
Fordham Urban Law Journal
This Article addresses the growing influence of outside forces on the judiciary. The Article details four situations in which a judge may feel the pressure of outside forces: confirmation hearings, subsequent political pressure, election campaigns, and situations involving the media. It criticizes the actions taken by Judge Thomas Penfield Jackson in the Microsoft antitrust case, most notable the numerous public remarks made while the trial was still in progress. The author concludes that judges set the standards for the way law is practiced and must therefore ignore the external pressures and strive to be models of integrity and justice.
The Walking Judge From Alabama, The Honorable Pamela Willis Baschab
The Walking Judge From Alabama, The Honorable Pamela Willis Baschab
Fordham Urban Law Journal
This anecdotal Article is the story of the Honorable Pamela Willis Baschab's campaign for Chief Justice of the Alabama Supreme Court. Judge Baschab, in an effort to speak out against the influence of special interest groups in the Alabama judicial system, walked from one end of Alabama to the other. She describes her progression through the Alabama legal system, her campaign trail (literally), and her experiences with different people along the way.
Beyond Merit Selection, Luke Bierman
Beyond Merit Selection, Luke Bierman
Fordham Urban Law Journal
This Article reviews some of the factors that have diminished the appeal of merit selection for judges. It examines why merit selection has never been an entirely successful answer for reformers looking for nonpartisan solutions. It advocates addressing other aspects of the judicial office to promote judicial independence. It concludes by suggesting that there be an educational credential for becoming a judge. Such a solution, it is argued, would offer legitimacy to judicial aspirants and would provide independent, accountable, impartial, and well-trained judges regardless of selection method.
The Cycle Of Judicial Elections: Texas As A Case Study, Anthony Champagne, Kyle Cheek
The Cycle Of Judicial Elections: Texas As A Case Study, Anthony Champagne, Kyle Cheek
Fordham Urban Law Journal
This Article addresses the concerns about the implications of an elected judiciary. Advocating for overall reform, the Article presents Texas as a case study. It tracks the cycle of change in Texas, from party appointments to the bench to two-party competition and back towards one-party dominance. The Article discusses the problems these changes caused and addresses the attempted reform efforts.
In The Eye Of The Hurricane: Florida Courts, Judicial Independence, And Politics, Drew Noble Lanier, Roger Handberg
In The Eye Of The Hurricane: Florida Courts, Judicial Independence, And Politics, Drew Noble Lanier, Roger Handberg
Fordham Urban Law Journal
This Article discusses the concept of judicial independence, the political nature of the courts, and efforts to insulate the courts from the ordinary politics engulfing the popularly elected branches. It reviews Florida's political history and changing political landscape. It traces the development of the state's judicial selection processes and ties them to current legislation being considered. It concludes by discussing the likely consequences of the efforts to diminish the insulation the the Florida courts enjoy from the politics of the day.
The Ethical Foundations Of American Judicial Independence, Vincent R. Johnson
The Ethical Foundations Of American Judicial Independence, Vincent R. Johnson
Fordham Urban Law Journal
This Articles discusses the various underpinnings of American judicial independence. Though giving credence to provisions such as selection, compensation, and retention, the Article focuses on the judicial ethical norms that have developed through the history of the United States. It covers such rules as ex parte communications, gifts, political activities, and codes applicable to lawyers.
If You Gag The Lawyers, Do You Choke The Courts? Some Implications For Judges When Funding Restrictions Curb Advocacy By Lawyers On Behalf Of The Poor, Laura K. Abel, David S. Udell
If You Gag The Lawyers, Do You Choke The Courts? Some Implications For Judges When Funding Restrictions Curb Advocacy By Lawyers On Behalf Of The Poor, Laura K. Abel, David S. Udell
Fordham Urban Law Journal
This Article examines restrictions on legal services lawyers that are particularly likely to cause interference with the core functions of the courts. It also examines the effect on state courts of federal restrictions on the funding that state and local governments provide for legal services. The Article also discusses the separation of powers and federalism implications of these incursions into court operations. It advocates for the application of the Supreme Court's reasoning in Legal Services Corp. v. Velazquez.
Preserving Judicial Independence: An Exegesis, Alfred P. Carlton, Jr.
Preserving Judicial Independence: An Exegesis, Alfred P. Carlton, Jr.
Fordham Urban Law Journal
This Article covers the critical issue of judicial independence. The ABA's Commission on Separation of Powers and Judicial Independence issued a report that expressed concern over threats to judicial independence in the states. It poses a number of solutions, including campaign finance reform, non-partisan elections, and merit-based selection.
Judging Judges: Securing Judicial Independence By Use Of Judicial Performance Evaluations, Penny J. White
Judging Judges: Securing Judicial Independence By Use Of Judicial Performance Evaluations, Penny J. White
Fordham Urban Law Journal
This Article discusses judicial performance evaluations as a check on judicial independence. It covers numerous performance evaluation options for measuring accountability, such as bar and media polls, state judicial evaluation programs, and the ABA Guidelines for judicial performance. It discusses the pros and cons of these options. It concludes that the information provided by state judicial performance evaluations offers valuable insight into judicial criticisms and can give voters appropriate criteria to consider in judicial elections.