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Articles 1 - 8 of 8
Full-Text Articles in Judges
Constitutional Fig Leaves In Asia, Po Jen Yap
Constitutional Fig Leaves In Asia, Po Jen Yap
Washington International Law Journal
Constitutional landscapes in Asia are littered with fig leaves. These proverbial fig leaves are legal principles, doctrines, and theories of interpretation that judges appeal to when resolving constitutional disputes. This article uncovers and examines three constitutional fig leaves that are prevalent and flourishing in Asia: 1) formalism and its conceptual variants; 2) the exercise of judicial review that is merely symbolic; and 3) the invocation of vacuous constitutional doctrines. This article further argues that judicial recourse to fig leaves is not intended to deceive anyone about what courts are doing; the fig leaves are on public display merely to demonstrate …
The Rise And Fall Of Historic Chief Justices: Constitutional Politics And Judicial Leadership In Indonesia, Stefanus Hendrianto
The Rise And Fall Of Historic Chief Justices: Constitutional Politics And Judicial Leadership In Indonesia, Stefanus Hendrianto
Washington International Law Journal
In the decade following its inception, the Indonesian Constitutional Court has marked a new chapter in Indonesian legal history, one in which a judicial institution can challenge the executive and legislative branches. This article argues that judicial leadership is the main contributing factor explaining the emergence of judicial power in Indonesia. This article posits that the newly established Indonesian Constitutional Court needed a strong and skilled Chief Justice to build the institution because it had insufficient support from political actors. As the Court lacked a well-established tradition of judicial review, it needed a visionary leader who could maximize the structural …
The "Chaudhry Court": Deconstructing The "Judicialization Of Politics" In Pakistan, Moeen H. Cheema
The "Chaudhry Court": Deconstructing The "Judicialization Of Politics" In Pakistan, Moeen H. Cheema
Washington International Law Journal
The Supreme Court of Pakistan underwent a remarkable transformation in its institutional role and constitutional position during the tenure of the former Chief Justice of Pakistan, Iftikhar Muhammad Chaudhry (2005–2013). This era in Pakistan’s judicial history was also marked by great controversy as the court faced charges that it had engaged in “judicial activism,” acted politically, and violated the constitutionally mandated separation of powers between institutions of the state. This article presents an in-depth analysis of the judicial review actions of the Chaudhry Court and argues that the charge of judicial activism is theoretically unsound and analytically obfuscating. The notion …
Judicial Lobbying, J. Jonas Anderson
Judicial Lobbying, J. Jonas Anderson
Washington Law Review
Judges who lobby Congress for legal reform tread into an ethical gray area: lobbying is legally permissible, but generally frowned upon. Currently, there are no legal or ethical constraints on judges speaking publicly regarding proposed legislative changes, only an ill-defined norm against the practice. Scholars have largely dismissed judicial lobbying efforts as the result of haphazard, one-off events, driven by the unique interests, expertise, or ideology of the individual judge involved. According to scholars, there is nothing that should be done—not to mention little that could be done—to restrict judges from lobbying. Judicial lobbying occurs, in large part, when Congress …
Judicial Lobbying, J. Jonas Anderson
Judicial Lobbying, J. Jonas Anderson
Washington Law Review
Judges who lobby Congress for legal reform tread into an ethical gray area: lobbying is legally permissible, but generally frowned upon. Currently, there are no legal or ethical constraints on judges speaking publicly regarding proposed legislative changes, only an ill-defined norm against the practice. Scholars have largely dismissed judicial lobbying efforts as the result of haphazard, one-off events, driven by the unique interests, expertise, or ideology of the individual judge involved. According to scholars, there is nothing that should be done—not to mention little that could be done—to restrict judges from lobbying. Judicial lobbying occurs, in large part, when Congress …
On Legal Scholarship: Questions For Judge Harry T. Edwards, Ronald K.L. Collins
On Legal Scholarship: Questions For Judge Harry T. Edwards, Ronald K.L. Collins
Articles
The life of Judge Harry T. Edwards is one very much steeped in writing. His passion dates back at least to his years at Uniondale High School when he was the editor of the school newspaper. In the legal realm, that passion traces back to 1964 and his days on the Michigan Law Review when he published two student Notes. In the half-century since then, Judge Edwards has authored six books and more than 90 scholarly articles or essays. As a lawyer, educator, administrator, arbitrator, and now jurist, Harry Edwards has put his ideas into print concerning an array of …
Justice Robert Utter, The Supreme Court Of Washington, And The New Judicial Federalism: Judging And Teaching?, Robert F. Williams
Justice Robert Utter, The Supreme Court Of Washington, And The New Judicial Federalism: Judging And Teaching?, Robert F. Williams
Washington Law Review Online
This is an expanded version of a talk given at a conference in Seattle, Washington organized by Professor Hugh Spitzer, an accomplished state constitutional law scholar, to honor the contributions of Justice Robert Utter to the field of state constitutional law, both in Washington State and the nation.
Robots As Legal Metaphors, Ryan Calo
Robots As Legal Metaphors, Ryan Calo
Articles
This Article looks at the specific role robots play in the judicial imagination. The law and technology literature is replete with examples of how the metaphors and analogies that courts select for emerging technology can be outcome determinative. Privacy law scholar Professor Daniel Solove argues convincingly, for instance, that George Orwell's Big Brother metaphor has come to dominate, and in ways limit, privacy law and policy in the United States. Even at a more specific, practical level, whether a judge sees email as more like a letter or a postcard will dictate the level of Fourth Amendment protection she is …