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Full-Text Articles in Jurisprudence

Media Influence In The Ghailani Trial: Have We Seen This Before? The Ever-Growing Importance Of An Independent Judiciary, Michael Perich Jan 2012

Media Influence In The Ghailani Trial: Have We Seen This Before? The Ever-Growing Importance Of An Independent Judiciary, Michael Perich

Washington University Jurisprudence Review

This Note will demonstrate that the extensive media coverage in the Ghailaini trial affected the final decision reached in the case. Using the attitudinal model of judicial decision making as a lens, I will demonstrate that the judge‘s decision was ultimately influenced by a variety of external factors. Specifically, this is because the media, rather than the courts, seemed to decide the ultimate outcome. The possibility that outside factors swayed the decisions of Judge Kaplan calls into question the independence of the judiciary, which ultimately affects the sense of justice created by Ghailani‘s prosecution. To look at the ...


The Mismeasurement Of Legal Pragmatism, Douglas Lind Jan 2012

The Mismeasurement Of Legal Pragmatism, Douglas Lind

Washington University Jurisprudence Review

No abstract provided.


Legislative Supremacy, Kenneth Ward Jan 2012

Legislative Supremacy, Kenneth Ward

Washington University Jurisprudence Review

This essay develops an institutional perspective to consider limitations on judicial authority. Rather than assume that judicial decisions put an end to disagreements about what the Constitution means, this perspective focuses on the political contests that occur after judges make disputed interpretations of constitutional law. This perspective shows that scholars both exaggerate the role of judicial review in enforcing constitutional limits and underestimate the political instability that follows from difficulty in challenging controversial judicial holdings. Together, these claims are the beginning of an argument defending a form of legislative supremacy that would allow Congress and the President to override judicial ...