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Full-Text Articles in Law
A Taxonomy On Constitutional Court Appointment Mechanisms In Federal Countries, Molly Madden
A Taxonomy On Constitutional Court Appointment Mechanisms In Federal Countries, Molly Madden
Indiana Journal of Constitutional Design
This paper provides a taxonomy of how federal countries appoint judges to their highest courts. Appointment mechanisms involve (1) little or no meaningful input from state government, (2) the states acting in an indirect role, or (3) substantial state government input. Within-group one, countries that allow for little to no meaningful input from state governments, some countries require that one federal body check another federal body during the appointment process, such as the federal executive’s nominees are confirmed by the federal senate. I first evaluate which court or entity in each country answers federalism questions, whether that is a Constitutional …
Constitutional Court Landscape Post - Arab Spring: A Survey Of Design, Dane Kirchoff-Foster
Constitutional Court Landscape Post - Arab Spring: A Survey Of Design, Dane Kirchoff-Foster
Indiana Journal of Constitutional Design
This is a case study seeking to survey the landscape of constitutional courts in the MENA region after the Arab Spring. To accomplish this, the case study identifies the traditional functions of constitutional courts, then analyzes the design features present in post-Arab Spring constitutional courts to determine how and to what extent these design features help – or hinder – each court in fulfilling its traditional functions. Analysis of design features will focus on (1) which (and how many) constitutional matters the court is empowered to decide (court jurisdiction), (2) the processes by which a court is presented a …
Population-Based Sentencing, Jessica M. Eaglin
Population-Based Sentencing, Jessica M. Eaglin
Articles by Maurer Faculty
The institutionalization of actuarial risk assessments at sentencing reflects the extension of the academic and policy-driven push to move judges away from sentencing individual defendants and toward basing sentencing on population level representations of crimes and offenses. How have courts responded to this trend? Drawing on the federal sentencing guidelines jurisprudence and the emerging procedural jurisprudence around actuarial risk assessments at sentencing, this Article identifies two techniques. First, the courts have expanded individual procedural rights into sentencing where they once did not apply. Second, the courts have created procedural rules that preserve the space for judges to pass moral judgment …