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Full-Text Articles in Courts

The New Laboratories Of Democracy, Gerald S. Dickinson Jan 2023

The New Laboratories Of Democracy, Gerald S. Dickinson

Articles

Nearly a century ago, Justice Louis D. Brandeis’s dissent in New State Ice Co. v. Liebman coined one of the most profound statements in American law: “It is one of the happy incidents of the federal system that a single courageous state may, if its citizens choose, serve as a laboratory; and try novel social and economic experiments without risk to the rest of the country.” Justice Brandeis reminded us of our strong tradition of federalism, where the states, exercising their sovereign power, may choose to experiment with new legislation within their separate jurisdictions without the concern that such …


Justice For Sale: Contemplations On The "Impartial" Judge In A Citizens United World, Aviva Abramovsky Oct 2017

Justice For Sale: Contemplations On The "Impartial" Judge In A Citizens United World, Aviva Abramovsky

Aviva Abramovsky

Although it has long been in vogue to discredit the judiciary, it remains the most trusted of the three branches of government. However, empirical evidence supports the idea that judicial campaign donations affect judicial decision making. The reality of political campaigns under Citizens United has the potential to further undermine the public perception of judges and to enhance the potential for corruption of the judiciary.


The Long Shadow Of Bush V. Gore: Judicial Partisanship In Election Cases, Michael S. Kang, Joanna M. Shepherd Jan 2016

The Long Shadow Of Bush V. Gore: Judicial Partisanship In Election Cases, Michael S. Kang, Joanna M. Shepherd

Faculty Articles

Bush v. Gore decided a presidential election and is the most dramatic election case in our lifetime, but cases like it are decided every year at the state level. Ordinary state courts regularly decide questions of election rules and administration that effectively determine electoral outcomes hanging immediately in the balance. Election cases like Bush v. Gore embody a fundamental worry with judicial intervention into the political process: outcome-driven, partisan judicial decisionmaking. The Article investigates whether judges decide cases, particularly politically sensitive ones, based on their partisan loyalties more than the legal merits of the cases. It presents a novel method …


Justice For Sale: Contemplations On The "Impartial" Judge In A Citizens United World, Aviva Abramovsky Jan 2012

Justice For Sale: Contemplations On The "Impartial" Judge In A Citizens United World, Aviva Abramovsky

Journal Articles

Although it has long been in vogue to discredit the judiciary, it remains the most trusted of the three branches of government. However, empirical evidence supports the idea that judicial campaign donations affect judicial decision making. The reality of political campaigns under Citizens United has the potential to further undermine the public perception of judges and to enhance the potential for corruption of the judiciary.


Defending The Majoritarian Court, Amanda Frost Jan 2010

Defending The Majoritarian Court, Amanda Frost

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Judicial Elections In The Aftermath Of White, Caperton, And Citizens United, Charles G. Geyh Jan 2010

Judicial Elections In The Aftermath Of White, Caperton, And Citizens United, Charles G. Geyh

Articles by Maurer Faculty

No abstract provided.