Law Commons^™

Judicial Independence And Accountability Meet Extra-Judicial Speech And The First Amendment: An Uneasy Co-Existence, Honorable Wendell L. Griffen

University of Arkansas at Little Rock Law Review

No abstract provided.

Counter-Majoritarian Power And Judges' Political Speech, Michael R. Dimino

ExpressO

Canons of ethics restrict judicial campaigning and prohibit sitting judges from engaging in political activity. Only recently, in Republican Party v. White, 536 U.S. 765 (2002), has the Supreme Court addressed the constitutionality of these restrictions, concluding that judicial candidates must be allowed some opportunity to discuss legal and political issues in their campaigns. But White left many questions unanswered about the permissible scope of restrictions on judges’ political activity.

This Article suggests that those questions will be answered not by applying principles of free speech, but by analyzing the opportunities the restrictions provide for independent judicial policy-making. Restrictions on …

Officials' Obligations To Children: The Perfectionist Response To Liberals And Libertarians, Or Why Adult Rights Are Not Trumps Over The State Duty To Ensure Each Child's Education, Steve Sheppard

Steve Sheppard

Lawmakers must care more to educate children than to cater to their parents. While parents and the state both have roles in childhood development, the difficulty is finding the proper balance. Lawmakers must decide who should determine exposure of children to new and different ideas. Arguments that limit exposure to ideas should be pursued with the good of a child as the desired end, and not the means to some other end. These arguments fall into two categories: negative arguments and affirmative arguments. Affirmative arguments are less likely to be made with ulterior motives in mind. In the spirit of …