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"Our Cities Institutions" And The Institution Of The Common Law, Bernadette Meyler Jul 2010

"Our Cities Institutions" And The Institution Of The Common Law, Bernadette Meyler

Cornell Law Faculty Publications

The audiences of early modern English drama were multiple, and they intersected with the legal system in various ways, whether through the cross-pollination of the theaters and the Inns of Court, the representations of the sovereign’s justice performed before him, or the shared evidentiary orientations of jurors and spectators. As this piece written for a symposium on “Reasoning from Literature” contends, Shakespeare’s Measure for Measure addressed to these various audiences the question of whether the King should judge in person. In doing so, it drew on extant political theories suggesting that the King refrain from exposing himself to public censure …


Original Sin And Judicial Independence: Providing Accountability For Justices, Paul D. Carrington, Roger C. Cramton Mar 2009

Original Sin And Judicial Independence: Providing Accountability For Justices, Paul D. Carrington, Roger C. Cramton

Cornell Law Faculty Publications

No abstract provided.


Reforming The Supreme Court, Roger C. Cramton Oct 2007

Reforming The Supreme Court, Roger C. Cramton

Cornell Law Faculty Publications

Life tenure for Supreme Court Justices has had harmful consequences that could not have been foreseen by the Founders. The seriousness of these harms makes it necessary and proper to use the hindsight we enjoy today to correct them. This Article begins with a brief summary of the constitutional provisions relevant to judicial tenure and examines how the system of life tenure functions today. The harmful consequences of life tenure are then examined, leading to the conclusion that a statutory solution is required. The article then proposes such a solution and examines its constitutionality, concluding that language, history and purpose …