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Articles 1 - 8 of 8

Full-Text Articles in Law

Death To Tyrants: District Of Columbia V. Heller And The Uses Of Guns, David C. Williams Jan 2008

Death To Tyrants: District Of Columbia V. Heller And The Uses Of Guns, David C. Williams

Articles by Maurer Faculty

No abstract provided.


Straddling The Fence Between Truth And Pretense: The Role Of Law And Preference In Judicial Decision Making And The Future Of Judicial Independence, Charles G. Geyh Jan 2008

Straddling The Fence Between Truth And Pretense: The Role Of Law And Preference In Judicial Decision Making And The Future Of Judicial Independence, Charles G. Geyh

Articles by Maurer Faculty

No abstract provided.


The Endless Judicial Selection Debate And Why It Matters For Judicial Independence, Charles G. Geyh Jan 2008

The Endless Judicial Selection Debate And Why It Matters For Judicial Independence, Charles G. Geyh

Articles by Maurer Faculty

In this overview, I begin by describing the five different systems of state judicial selection that have evolved out of a perennial struggle to strike an optimal balance between judicial independence and judicial accountability. I then explore recent developments that have intensified that struggle, before analyzing, with reference to available research, how different selection systems counter or accommodate such developments. My purpose here is not to write (another) position piece. Rather, my purpose is to step back and contextualize disputes over judicial selection with reference to the independence and accountability issues that animate them, and to isolate what we know …


Navigating The New Politics Of Judicial Appointments, Ryan W. Scott, David R. Stras Jan 2008

Navigating The New Politics Of Judicial Appointments, Ryan W. Scott, David R. Stras

Articles by Maurer Faculty

This Review Essay explores the new politics of judicial appointments by addressing the important question whether Senate-specific reforms to the judicial appointments process are likely to succeed. In his recent book, The Next Justice, Chris Eisgruber proposes a two-part plan to repair the Supreme Court appointments process. Like many other scholars that have written in the area, Eisgruber's reforms focus primarily on the Senate. First, he proposes that the Senate get smart by asking penetrating questions about the judicial philosophy of Supreme Court nominees in an effort to ensure that the future Justices are moderates, rather than extremists. Second, he …


Back To The Beginning: An Essay On The Court, The Law Of Democracy, And Trust, Luis Fuentes-Rohwer Jan 2008

Back To The Beginning: An Essay On The Court, The Law Of Democracy, And Trust, Luis Fuentes-Rohwer

Articles by Maurer Faculty

The law of democracy is in a state of incoherence. The experiment begun by Baker v. Carr showed great promise yet soon gave way to disappointment. The promise was one of modest review and respect for political choices made elsewhere. A presumption was still against judicial involvement: absent self-entrenchment or distrust of political outcomes, the Court would stay its hand. But, the reality has been far from that. The presumption has now clearly shifted, and the Court intervenes in politically-charged controversies as a matter of course. This raises a question at the heart of the law of democracy: can we …


Methods Of Judicial Selection And Their Impact On Judicial Independence, Charles G. Geyh Jan 2008

Methods Of Judicial Selection And Their Impact On Judicial Independence, Charles G. Geyh

Articles by Maurer Faculty

No abstract provided.


Tax Appeal: A Proposal To Make The United States Tax Court More Judicial, Leandra Lederman Jan 2008

Tax Appeal: A Proposal To Make The United States Tax Court More Judicial, Leandra Lederman

Articles by Maurer Faculty

Accountability is a critically important protection for any justice system; its absence provides an opportunity for shortcuts that may undermine procedural fairness or even change case outcomes. Yet, the United States Tax Court, which is an Article I court, is not subject to Administrative Office of U.S. Courts or the U.S. Judicial Conference - institutions that serve and oversee the federal judiciary. In addition, because the Tax Court is not an administrative agency, it is not covered by the Administrative Procedure Act or the Freedom of Information Act. The principal source of oversight of Tax Court actions is appellate review. …


The Supreme Court And Indiana's Voter Id Law, David Williams Jan 2008

The Supreme Court And Indiana's Voter Id Law, David Williams

Articles by Maurer Faculty

No abstract provided.