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Articles 1 - 4 of 4

Full-Text Articles in Law

On Not Making Law, Mitu Gulati, C. M. A. Mccauliff Jul 1998

On Not Making Law, Mitu Gulati, C. M. A. Mccauliff

Law and Contemporary Problems

Having argued that it is important to think about court norms, Gulati and McCauliff describe data on the publication practices of the various circuits. The data suggest that there are radical differences in the norms.


Judicial Discipline And Judicial Independence, Steven Lubet Jul 1998

Judicial Discipline And Judicial Independence, Steven Lubet

Law and Contemporary Problems

The question of judicial accountability and independence arises primarily in the context of state courts. When it comes to accountability, it is state judges who must be concerned about threates to their independence.


Judicial Independence And Democratic Accountability In Highest State Courts, Paul D. Carrington Jul 1998

Judicial Independence And Democratic Accountability In Highest State Courts, Paul D. Carrington

Law and Contemporary Problems

Carrington notes that because judges in trial and intermediate courts are accountable to highest courts, it is the latter that are responsible for keeping the faith with democratic traditions.


Rights Against Rules: The Moral Structure Of American Constitutional Law, Matthew D. Adler Jan 1998

Rights Against Rules: The Moral Structure Of American Constitutional Law, Matthew D. Adler

Faculty Scholarship

Constitutional rights are conventionally thought to be "personal" rights. The successful constitutional litigant is thought to have a valid claim that some constitutional wrong has or would be been done "to her"; the case of "overbreadth," where a litigant prevails even though her own conduct is permissibly regulated, is thought to be unique to the First Amendment. This "personal" or "as-applied" view of constitutional adjudication has been consistently and pervasively endorsed by the Supreme Court, and is standardly adopted by legal scholars.

In this Article, I argue that the conventional view is incorrect. Constitutional rights, I claim, are rights against ...