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Full-Text Articles in 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, …
Hearing The States, Anthony Johnstone
Hearing The States, Anthony Johnstone
Pepperdine Law Review
The 2016 Presidential and Senate elections raise the possibility that a conservative, life-tenured Supreme Court will preside for years over a politically dynamic majority. This threatens to weaken the public’s already fragile confidence in the Court. By lowering the political stakes of both national elections and its own decisions, federalism may enable the Court to defuse some of the most explosive controversies it hears. Federalism offers a second-best solution, even if neither conservatives nor liberals can impose a national political agenda. However, principled federalism arguments are tricky. They are structural, more prudential than legal or empirical. Regardless of ideology, a …
What Are The Judiciary’S Politics?, Michael W. Mcconnell
What Are The Judiciary’S Politics?, Michael W. Mcconnell
Pepperdine Law Review
What are the politics of the federal judiciary, to the extent that the federal judiciary has politics? Whose interests do federal judges represent? This Essay puts forward five different kinds of politics that characterize the federal judiciary. First, the federal judiciary represents the educated elite. Second, the federal judiciary represents past political majorities. Third, the federal judiciary is more politically balanced than the legislative or executive branches. Fourth, the federal judiciary is organized by regions, and between those regions there is significant diversity. Fifth, to the extent that the judiciary leans one way or the other, it leans toward the …
Putting Equality To A Vote: Individual Rights, Judicial Elections, And The Arkansas Supreme Court, Billy Corriher
Putting Equality To A Vote: Individual Rights, Judicial Elections, And The Arkansas Supreme Court, Billy Corriher
University of Arkansas at Little Rock Law Review
No abstract provided.
Narratives Of Self-Government In Making The Case, Benjamin L. Berger
Narratives Of Self-Government In Making The Case, Benjamin L. Berger
The Journal of Appellate Practice and Process
No abstract provided.
Improving Federal Judicial Selection, Carl Tobias
Improving Federal Judicial Selection, Carl Tobias
University of Richmond Law Review
Part I descriptively analyzes the volume. Part II evaluates the many insights Wittes contributes to readers' appreciation of contemporary federal judicial selection. Part III details numerous recommendations.
A Review Of Richard A. Posner, How Judges Think (2008), Jeffrey S. Sutton
A Review Of Richard A. Posner, How Judges Think (2008), Jeffrey S. Sutton
Michigan Law Review
I was eager to enter the judiciary. I liked the title: federal judge. I liked the job security: life tenure. And I could tolerate the pay: the same as Richard Posner's. That, indeed, may have been the most flattering part of the opportunity-that I could hold the same title and have the same pay grade as one of America's most stunning legal minds. Don't think I didn't mention it when I had the chance. There is so much to admire about Judge Posner-his lively pen, his curiosity, his energy, his apparent understanding of: everything. He has written 53 books, more …
Unmasking Judicial Extremism, Carl Tobias
Unmasking Judicial Extremism, Carl Tobias
University of Richmond Law Review
No abstract provided.
Friction By Design: The Necessary Contest Of State Judicial Power And Legislative Policymaking, Michael L. Buenger
Friction By Design: The Necessary Contest Of State Judicial Power And Legislative Policymaking, Michael L. Buenger
University of Richmond Law Review
No abstract provided.
The Double Standard In Judicial Selection, Edwin Meese Iii
The Double Standard In Judicial Selection, Edwin Meese Iii
University of Richmond Law Review
No abstract provided.
Separation Of Powers And The Governor's Office In West Virginia: Advocating A More Deferential Approach To The Chief Executive From The Judiciary, Jason C. Pizatella
Separation Of Powers And The Governor's Office In West Virginia: Advocating A More Deferential Approach To The Chief Executive From The Judiciary, Jason C. Pizatella
West Virginia Law Review
No abstract provided.
Judicial Confirmation Wars: Ideology And The Battle For The Federal Courts, Sheldon Goldman
Judicial Confirmation Wars: Ideology And The Battle For The Federal Courts, Sheldon Goldman
University of Richmond Law Review
No abstract provided.
Standards Of The Supreme Court, John Cornyn
Standards Of The Supreme Court, John Cornyn
University of Richmond Law Review
No abstract provided.
Judicial Independence, William H. Rehnquist
Judicial Independence, William H. Rehnquist
University of Richmond Law Review
No abstract provided.
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
Fostering Balance On The Federal Courts , Carl Tobias
Fostering Balance On The Federal Courts , Carl Tobias
American University Law Review
No abstract provided.
Treatise Writing And Federal Jurisdiction Scholarship: Does Doctrine Matter When Law Is Politics?, Richard A. Matasar
Treatise Writing And Federal Jurisdiction Scholarship: Does Doctrine Matter When Law Is Politics?, Richard A. Matasar
Michigan Law Review
A Review of Federal Jurisdiction by Erwin Chemerinsky and Federal Jurisdiction 1990 Supplement by Erwin Chemerinsky
Separation, Politics And Judicial Activism, Wallace Mendelson
Separation, Politics And Judicial Activism, Wallace Mendelson
Indiana Law Journal
Symposium: Separation of Powers
Politics And Judicial Administration, Maurice E. Crites
Politics And Judicial Administration, Maurice E. Crites
Indiana Law Journal
No abstract provided.
The Work Of The Trial Courts In Indiana, Maurice E. Crites
The Work Of The Trial Courts In Indiana, Maurice E. Crites
Indiana Law Journal
The papers constituting this symposium were addresses delivered to the Indiana State Bar Association at its Thirty-eighth Annual Meeting, Lake Wawasee, July 12 and 13, 1934.