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Full-Text Articles in Judges

Federalism, Through A Global Lens: A Call For Deferential Judicial Review, Alfred C. Aman Jan 2004

Federalism, Through A Global Lens: A Call For Deferential Judicial Review, Alfred C. Aman

Indiana Journal of Global Legal Studies

Globalization, Courts, and Judicial Power Symposium


The Advantages Of The Civil Law Judicial Design As The Model For Emerging Legal Systems, Charles H. Koch, Jr Jan 2004

The Advantages Of The Civil Law Judicial Design As The Model For Emerging Legal Systems, Charles H. Koch, Jr

Indiana Journal of Global Legal Studies

Globalization, Courts, and Judicial Power Symposium


Must The Reports Of Tax Court Special Trial Judges Be Disclosed?, Leandra Lederman Jan 2004

Must The Reports Of Tax Court Special Trial Judges Be Disclosed?, Leandra Lederman

Articles by Maurer Faculty

No abstract provided.


A Principled Approach To The Quest For Racial Diversity On The Judiciary, Luis Fuentes-Rohwer, Kevin R. Johnson Jan 2004

A Principled Approach To The Quest For Racial Diversity On The Judiciary, Luis Fuentes-Rohwer, Kevin R. Johnson

Articles by Maurer Faculty

As has been the case with respect to many political and social institutions in American society, diversity has been demanded, and at times pursued, in the nomination and appointment of state and federal judges. Nonetheless, commentators have long lamented the lack of diversity among judges in the United States.

U.S. Supreme Court appointments epitomize the glaring lack of diversity on the federal judiciary. Not until 1967 did President Lyndon Baines Johnson appoint the first African American Justice, Thurgood Marshall, to the Court. Since then, a more diverse group of judges has served on the state and federal courts than throughout …


Functional Departmentalism And Nonjudicial Interpretation: Who Determines Constitutional Meaning?, Dawn E. Johnsen Jan 2004

Functional Departmentalism And Nonjudicial Interpretation: Who Determines Constitutional Meaning?, Dawn E. Johnsen

Articles by Maurer Faculty

Published as part of a Duke Law School symposium on Conservative and Progressive Legal Orders, this article considers the appropriate role of the political branches - Congress and the President - in the development of constitutional meaning, including the extent of presidential and congressional authority to act on constitutional views at odds with judicial doctrine. The article discusses deficiencies in strong forms of both judicial supremacy (such as that behind the Rehnquist Court's recent limits on Congress's section 5 authority) and what is described in the academic literature as departmentalism (which emphasizes near-plenary authority for each branch to act on …