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2006

Case Western Reserve University School of Law

Judicial independence

Articles 1 - 12 of 12

Full-Text Articles in Law

Taxation, Compensation, And Judicial Independence, Jonathan L. Entin, Erik M. Jensen Feb 2006

Taxation, Compensation, And Judicial Independence, Jonathan L. Entin, Erik M. Jensen

Faculty Publications

Article III of the Constitution seeks to protect judicial independence, partly through a guarantee of life tenure and partly through a clause that prohibits the diminution of judges' "compensation". The Compensation Clause does not address the subject of taxation, but it has always been understood to affect the federal government's taxing power. This article examines the framing of the Compensation Clause, some nineteenth-century detours that are inconsistent with the original understanding of the Clause, and the Supreme Court's jurisprudence on taxation of judges under the Clause. The article critically analyzes the Court's most recent case on the ...


Taxation, Compensation, And Judicial Independence: Hatter V. United States, Jonathan L. Entin, Erik M. Jensen Feb 2006

Taxation, Compensation, And Judicial Independence: Hatter V. United States, Jonathan L. Entin, Erik M. Jensen

Faculty Publications

Article III of the Constitution seeks to protect judicial independence, partly through a guarantee of life tenure and partly through a clause that prohibits the diminution of judges' "compensation". The Compensation Clause does not address the subject of taxation, but it has always been understood to affect the federal government's taxing power. This article examines the framing of the Compensation Clause, some nineteenth-century detours that are inconsistent with the original understanding of the Clause, and the Supreme Court's jurisprudence on taxation of judges under the Clause. The article critically analyzes the Court's most recent case on the ...


Avoiding Avoidance: Why Use Of The Constitutional Avoidance Canon Undermines Judicial Independence - A Response To Lisa Kloppenberg, Michelle R. Slack Jan 2006

Avoiding Avoidance: Why Use Of The Constitutional Avoidance Canon Undermines Judicial Independence - A Response To Lisa Kloppenberg, Michelle R. Slack

Case Western Reserve Law Review

No abstract provided.


Rescuing Judicial Accountability From The Realm Of Political Rhetoric, Charles Gardner Geyh Jan 2006

Rescuing Judicial Accountability From The Realm Of Political Rhetoric, Charles Gardner Geyh

Case Western Reserve Law Review

No abstract provided.


Judging, Politics, And Accountability: A Reply To Charles Geyh, Susan Bandes Jan 2006

Judging, Politics, And Accountability: A Reply To Charles Geyh, Susan Bandes

Case Western Reserve Law Review

No abstract provided.


Does Avoiding Constitutional Questions Promote Judicial Independence, Lisa A. Kloppenberg Jan 2006

Does Avoiding Constitutional Questions Promote Judicial Independence, Lisa A. Kloppenberg

Case Western Reserve Law Review

No abstract provided.


The Constitution Restoration Act, Judicial Independence, And Popular Constitutionalism, Ronald Kahn Jan 2006

The Constitution Restoration Act, Judicial Independence, And Popular Constitutionalism, Ronald Kahn

Case Western Reserve Law Review

No abstract provided.


Symposium - Judicial Independence And Judicial Accountability: Searching For The Right Balance - "Atrocious Judges" And "Odious" Courts Revisited, Robert N. Strassfeld Jan 2006

Symposium - Judicial Independence And Judicial Accountability: Searching For The Right Balance - "Atrocious Judges" And "Odious" Courts Revisited, Robert N. Strassfeld

Case Western Reserve Law Review

No abstract provided.


Judicial Accountability In A Time Of Legal Realism, William P. Marshall Jan 2006

Judicial Accountability In A Time Of Legal Realism, William P. Marshall

Case Western Reserve Law Review

No abstract provided.


Taxation, Compensation, And Judicial Independence, Jonathan L. Entin, Erik M. Jensen Jan 2006

Taxation, Compensation, And Judicial Independence, Jonathan L. Entin, Erik M. Jensen

Case Western Reserve Law Review

No abstract provided.


The Inevitability (And Desirability) Of Avoidance: A Response To Dean Kloppenberg, Melvyn R. Durchslag Jan 2006

The Inevitability (And Desirability) Of Avoidance: A Response To Dean Kloppenberg, Melvyn R. Durchslag

Case Western Reserve Law Review

No abstract provided.


The "Constitution Restoration Act" And Judicial Independence: Some Observations, Mark Tushnet Jan 2006

The "Constitution Restoration Act" And Judicial Independence: Some Observations, Mark Tushnet

Case Western Reserve Law Review

No abstract provided.