Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Judges (4)
- Administrative Law (3)
- Law and Politics (3)
- Law and Society (3)
- Legal History (3)
-
- Legal Profession (3)
- President/Executive Department (3)
- Comparative and Foreign Law (2)
- Public Law and Legal Theory (2)
- Agency (1)
- American Studies (1)
- Arts and Humanities (1)
- Civil Law (1)
- Civil Rights and Discrimination (1)
- Constitutional Law (1)
- Courts (1)
- Election Law (1)
- First Amendment (1)
- Fourteenth Amendment (1)
- Fourth Amendment (1)
- History (1)
- Intellectual History (1)
- International Law (1)
- Jurisdiction (1)
- Jurisprudence (1)
- Law and Philosophy (1)
- Legal Writing and Research (1)
- Legislation (1)
- Institution
Articles 1 - 6 of 6
Full-Text Articles in Rule of Law
The People's Court: On The Intellectual Origins Of American Judicial Power, Ian C. Bartrum
The People's Court: On The Intellectual Origins Of American Judicial Power, Ian C. Bartrum
Dickinson Law Review (2017-Present)
This article enters into the modern debate between “consti- tutional departmentalists”—who contend that the executive and legislative branches share constitutional interpretive authority with the courts—and what are sometimes called “judicial supremacists.” After exploring the relevant history of political ideas, I join the modern minority of voices in the latter camp.
This is an intellectual history of two evolving political ideas—popular sovereignty and the separation of powers—which merged in the making of American judicial power, and I argue we can only understand the structural function of judicial review by bringing these ideas together into an integrated whole. Or, put another way, …
Chief Justice Maureen O'Connor: A Legacy Of Judicial Independence, Pierce J. Reed
Chief Justice Maureen O'Connor: A Legacy Of Judicial Independence, Pierce J. Reed
Akron Law Review
An introduction to a special edition of the Akron Law Review, which celebrates the work of Chief Justice Maureen O'Connor during her first decade as a member of the Supreme Court of Ohio.
Accountability In The Administrative Law Judiciary: The Right And The Wrong Kind, Edwin L. Felter Jr
Accountability In The Administrative Law Judiciary: The Right And The Wrong Kind, Edwin L. Felter Jr
Journal of the National Association of Administrative Law Judiciary
This article discusses and evaluates several forms of accountability in the administrative law judiciary, and compares them with prevalent forms of accountability in the judicial branch. Felter argues that codes of judicial conduct, as well as formal enforcement mechanisms, work together to maintain a balance of independence and accountability in the administrative law judiciary. The article analyzes the "right kinds" of accountability as distinguished from the "wrong kind" of accountability, i.e., political accountability. The article maintains that decisional independence is the cornerstone of any properly functioning adjudication system. The price of decisional independence is accountability to concepts and mechanisms other …
Greater Independence For Aljs Plus Cost Savings For Agencies: The Coast Guard Model, Walter J. Brudzinski
Greater Independence For Aljs Plus Cost Savings For Agencies: The Coast Guard Model, Walter J. Brudzinski
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Global Markets And The Evolution Of Law In China And Japan, Takao Tanase
Global Markets And The Evolution Of Law In China And Japan, Takao Tanase
Michigan Journal of International Law
The first angle of this Article concerns the exclusivity of rights, which is the notion that a right has an exclusive boundary of ownership. The socialist system and traditional customary law in China gave only weak recognition to this concept, especially prior to China's move toward a market economy and the introduction of modern law. The second angle addresses the functionality of extralegal norms. Law reforms tend to be measured by the efficiency gains they produce, a process intensified by competition among systems. The third angle involves the ideological nature of the market-oriented development of law. The foreign enterprises and …
Who Cares About Courts? Creating A Constitutency For Judicial Independence In Africa, Mary L. Dudziak
Who Cares About Courts? Creating A Constitutency For Judicial Independence In Africa, Mary L. Dudziak
Michigan Law Review
While American scholars and judges generally assume that it is beneficial to insulate courts from politics, Jennifer Widner offers a contrasting perspective from another region of the world. In Building the Rule of Law: Francis Nyalali and the Road to Judicial Independence in Africa, Widner examines the role of courts and judicial review in democratization in Africa. She focuses on the role of one judge, a man who would see himself as embodying a role in Tanzania similar to that of Chief Justice John Marshall in the United States. Francis Nyalali, Chief Justice of the High Court of Tanzania, worked …