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Articles 1 - 23 of 23
Full-Text Articles in Law
Parliamentary Scrutiny Of Supreme Court Nominees: A View From The United Kingdom, Kate Malleson
Parliamentary Scrutiny Of Supreme Court Nominees: A View From The United Kingdom, Kate Malleson
Osgoode Hall Law Journal
No abstract provided.
Current Challenges To The Federal Judiciary, Carolyn Dineen King
Current Challenges To The Federal Judiciary, Carolyn Dineen King
Louisiana Law Review
No abstract provided.
Taxation, Compensation, And Judicial Independence, Jonathan L. Entin, Erik M. Jensen
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 subject, United States …
Taxation, Compensation, And Judicial Independence: Hatter V. United States, Jonathan L. Entin, Erik M. Jensen
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 subject, United States …
Global Markets And The Evolution Of Law In China And Japan, Takao Tanase
Global Markets And The Evolution Of Law In China And Japan, Takao Tanase
Michigan Journal of International Law
The first angle of this Article concerns the exclusivity of rights, which is the notion that a right has an exclusive boundary of ownership. The socialist system and traditional customary law in China gave only weak recognition to this concept, especially prior to China's move toward a market economy and the introduction of modern law. The second angle addresses the functionality of extralegal norms. Law reforms tend to be measured by the efficiency gains they produce, a process intensified by competition among systems. The third angle involves the ideological nature of the market-oriented development of law. The foreign enterprises and …
Introduction: The Hundred-Year Run Of Roscoe Pound, Randall T. Shepard
Introduction: The Hundred-Year Run Of Roscoe Pound, Randall T. Shepard
Indiana Law Journal
Conference of Chief Justices and Conference of State Court Administrators Annual Meeting July 29-August 2, 2006 Indianapolis, Indiana.
The End Of Nonpartisan Judicial Elections And The Rise Of The Politiciary: The Eighth Circuit Strikes Down Judicial Campaign Regulations In Republican Party Of Minnesota V. White, Ross G. Currie
Villanova Law Review
No abstract provided.
Rescuing Judicial Accountability From The Realm Of Political Rhetoric, Charles Gardner Geyh
Rescuing Judicial Accountability From The Realm Of Political Rhetoric, Charles Gardner Geyh
Case Western Reserve Law Review
No abstract provided.
The Inevitability (And Desirability) Of Avoidance: A Response To Dean Kloppenberg, Melvyn R. Durchslag
The Inevitability (And Desirability) Of Avoidance: A Response To Dean Kloppenberg, Melvyn R. Durchslag
Case Western Reserve Law Review
No abstract provided.
Prosecuting Judges For Ethical Violations: Are Criminal Sanctions Constitutional And Prudent, Or Do They Constitute A Threat To Judicial Independence?, Abraham Abramovsky, Jonathan I. Edelstein
Prosecuting Judges For Ethical Violations: Are Criminal Sanctions Constitutional And Prudent, Or Do They Constitute A Threat To Judicial Independence?, Abraham Abramovsky, Jonathan I. Edelstein
Fordham Urban Law Journal
This Article examines the constitutional and practical issues surrounding the prosecutions of judges for ethical violations. The first part of this Article will focus on the Garson prosecution as an example of unwarranted prosecution of judges for violation of ethical codes. The second part examines cases elsewhere in the United States in which judges and other public officials have been prosecuted for violations of ethical codes. Finally, the third part discusses the threats to judicial independence that exist even under the current American legal Framework, as well as the growing tendency to blur the line between civil and criminal liability. …
Timing Controversial Decisions, Cass R. Sunstein
Timing Controversial Decisions, Cass R. Sunstein
Hofstra 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
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
Judicial Accountability In A Time Of Legal Realism, William P. Marshall
Case Western Reserve Law Review
No abstract provided.
Judging, Politics, And Accountability: A Reply To Charles Geyh, Susan Bandes
Judging, Politics, And Accountability: A Reply To Charles Geyh, Susan Bandes
Case Western Reserve Law Review
No abstract provided.
Taxation, Compensation, And Judicial Independence, Jonathan L. Entin, Erik M. Jensen
Taxation, Compensation, And Judicial Independence, Jonathan L. Entin, Erik M. Jensen
Case Western Reserve Law Review
No abstract provided.
Does Avoiding Constitutional Questions Promote Judicial Independence, Lisa A. Kloppenberg
Does Avoiding Constitutional Questions Promote Judicial Independence, Lisa A. Kloppenberg
Case Western Reserve Law Review
No abstract provided.
Avoiding Avoidance: Why Use Of The Constitutional Avoidance Canon Undermines Judicial Independence - A Response To Lisa Kloppenberg, Michelle R. Slack
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.
The "Constitution Restoration Act" And Judicial Independence: Some Observations, Mark Tushnet
The "Constitution Restoration Act" And Judicial Independence: Some Observations, Mark Tushnet
Case Western Reserve Law Review
No abstract provided.
The Constitution Restoration Act, Judicial Independence, And Popular Constitutionalism, Ronald Kahn
The Constitution Restoration Act, Judicial Independence, And Popular Constitutionalism, Ronald Kahn
Case Western Reserve Law Review
No abstract provided.
Rescuing Judicial Accountability From The Realm Of Political Rhetoric, Charles G. Geyh
Rescuing Judicial Accountability From The Realm Of Political Rhetoric, Charles G. Geyh
Articles by Maurer Faculty
The article examines the threat to judicial independence from political calls for more judicial accountability. The author begins by defining judicial accountability and discussing its purposes before breaking the concept down into three categories: institutional accountability, behavioral accountability, and decisional accountability. This process reveals that in the judicial accountability family, there is but one discrete sub-species, situated in the decisional accountability genus, that does not further accountability's proper purpose and is therefore conceptually problematic: direct political accountability for competent and honest judicial decision-making error that the politicians desire and a serious threat to judicial independence. The critical question becomes one …
The "Constitution Restoration Act" And Judicial Independence: Some Observations, Mark V. Tushnet
The "Constitution Restoration Act" And Judicial Independence: Some Observations, Mark V. Tushnet
Georgetown Law Faculty Publications and Other Works
This Essay uses the proposed Constitution Restoration Act of 2005 as the vehicle for exploring some aspects of contemporary concerns about judicial independence and the mechanisms available to control what might be perceived as abuses of judicial authority . . . I doubt that the Act has a serious chance of enactment, but its introduction provides an opportunity to examine some difficulties associated with congressional control of judicial decision-making. I begin by treating the Constitution Restoration Act as a real statute, asking what its substantive terms mean. I argue that there is substantial tension between what the Act says and …
Book Review [Advice And Consent: The Politics Of Judicial Appointments], Santa Clara Law Review
Book Review [Advice And Consent: The Politics Of Judicial Appointments], Santa Clara Law Review
Santa Clara Law Review
No abstract provided.
Toward Democratic Consolidation? The Argentine Supreme Court, Judicial Independence, And The Rule Of Law, Christopher J. Walker
Toward Democratic Consolidation? The Argentine Supreme Court, Judicial Independence, And The Rule Of Law, Christopher J. Walker
Christopher J. Walker
Too little attention has been paid to the role of judiciary in strengthening democracy and the rule of law in Latin America, with even less attention on the Argentine judicial system. In this paper, the role of the courts in consolidation will be examined through the Argentine case study. Part I outlines the current state of the literature on democratization and the rule of law with respect to Latin America, while Part II reviews what has been written about the Latin American judiciary and its influence on the rule of law. Part III evaluates the development of the judiciary and …