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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
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
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
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
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
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
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
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
The Supreme Court And Indiana's Voter Id Law, David Williams
Articles by Maurer Faculty
No abstract provided.