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Full-Text Articles in Law

Judicial Reform: Conflicting Aims And Imperfect Models, John Owen Haley Jan 2006

Judicial Reform: Conflicting Aims And Imperfect Models, John Owen Haley

Washington University Global Studies Law Review

I wish simply to attempt to identify a few underlying problems that appear to inhibit effective reforms from achieving broadly shared goals. In so doing, I suggest a research agenda designed to develop feasible solutions.


Wiley Rutledge, Executive Detention, And Judicial Conscience At War, Craig Green Jan 2006

Wiley Rutledge, Executive Detention, And Judicial Conscience At War, Craig Green

Washington University Law Review

John Ferren’s Salt of the Earth, Conscience of the Court is the first full biography of Rutledge, and the book not only lifts Rutledge from obscurity’s shadow; it also dispels any “limbo” surrounding the Court he served. Part I of this Article offers a brief biographical sketch showing that Rutledge deserves that much. His pre-judicial life as dean, legal reformer, and advocate of progressive politics provides context for his work on the bench. Also, Rutledge’s tale illuminates broader issues, including FDR’s transformative judicial appointments, early twentieth-century legal education, and the New Deal’s influence on both ...


Judicial Independence And The Rule Of Law, David Boies Jan 2006

Judicial Independence And The Rule Of Law, David Boies

Washington University Journal of Law & Policy

The rule of law provides two basic protections against arbitrary or discriminatory government action. It provides that the rule applied to a particular case must be reasonably predictable. And it provides that the rule must be predictable without regard for the identity of the parties. We know the importance that the rule of law has for our society, our democracy, and the kind of civilization we want, but we rarely take the time to think about what the components of the rule of law are and how we assure that the rule of law continues. Why has this country been ...


Reforming The Brazilian Supreme Federal Court: A Comparative Approach, Maria Angela Jardim De Santa Cruz Oliveira Jan 2006

Reforming The Brazilian Supreme Federal Court: A Comparative Approach, Maria Angela Jardim De Santa Cruz Oliveira

Washington University Global Studies Law Review

This Article defends giving the SFC power to issue provisional measures to stay the proceedings of identical cases in lower courts when the constitutional controversy has already been presented before the SFC.