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Full-Text Articles in Courts
Judges And Mass Incarceration, Carissa Byrne Hessick
Judges And Mass Incarceration, Carissa Byrne Hessick
William & Mary Bill of Rights Journal
It seems to have fallen out of fashion to talk about judges as a source of criminal justice reform. Instead, the academic literature now focuses on the role that prosecutors and legislatures have played in mass incarceration. But judges have also played an important role in the phenomenon that has come to be known as mass incarceration. Perhaps more importantly, there are things that judges could do to help reverse that trend.
Judges will sometimes say our system is too harsh. But, in the same breath they tell us the decision to create such a system and the decision to …
Is The “Arising Under” Jurisdictional Grant In Article Iii Self-Executing?, David R. Dow
Is The “Arising Under” Jurisdictional Grant In Article Iii Self-Executing?, David R. Dow
William & Mary Bill of Rights Journal
No abstract provided.
Retaining Judicial Authority: A Preliminary Inquiry On The Dominion Of Judges, Larry Catá Backer
Retaining Judicial Authority: A Preliminary Inquiry On The Dominion Of Judges, Larry Catá Backer
William & Mary Bill of Rights Journal
Why do the people and institutions of democratic states, and in particular those of the United States, obey judges ? This article examines the foundations of judicial authority in the United States. This authority is grounded on principles of dominance derived from the organization of institutional religion. The judge in Western states asserts authority on the same basis as the priest - but not the priest as conventionally understood. Rather, the authority of the judge in modern Western democratic states is better understood when viewed through the analytical lens of priestly function developed in the philosophy of Friedrich Nietzsche. Focusing …