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Mercer Law Review

1995

Articles 1 - 7 of 7

Full-Text Articles in Law

"Separateness But Interdependence, Autonomy But Reciprocity": A First Look At Federal Judges' Appearances Before Legislative Committees, Harvey Rishikof, Barbara A. Perry Mar 1995

"Separateness But Interdependence, Autonomy But Reciprocity": A First Look At Federal Judges' Appearances Before Legislative Committees, Harvey Rishikof, Barbara A. Perry

Mercer Law Review

The Founding Fathers established judicial independence as a central tenet of the Constitution of the United States in order to insulate federal judges from the President, the Congress, and the electorate. Yet because of the complicated nature of the Constitution and overlapping powers, the judiciary has not remained totally isolated from the legislative process. Our research has discovered hundreds of instances of federal jurists testifying before congressional committees on subjects such as court administration, federal jurisdiction, budgetary policy, and pending legislation in a variety of fields. Indeed, our findings buttress a key argument of Justice Robert H. Jackson's concurring opinion …


Federal Judicial Independence: Constitutional And Political Perspectives, Martin H. Redish Mar 1995

Federal Judicial Independence: Constitutional And Political Perspectives, Martin H. Redish

Mercer Law Review

Since the nation's beginning, the concept of federal judicial independence has been almost as confusing to political and constitutional theorists as it is fundamental to the successful operation of our form of constitutional democracy. On the one hand, the Constitution's framers consciously chose to insulate members of the federal judiciary from at least the most acute forms of potential political pressure by expressly providing for the protection of their salary and tenure. On the other hand, the framers simultaneously provided the groundwork to facilitate the exercise of seemingly substantial congressional control of the jurisdiction of the federal courts, thereby potentially …


Independence Of The Judiciary For The Third Century, Deanell Reece Tacha Mar 1995

Independence Of The Judiciary For The Third Century, Deanell Reece Tacha

Mercer Law Review

For I agree, that "there is no liberty, if the power of judging be not separated from the legislative and executive powers... the complete independence of the courts of justice is peculiarly essential in a limited constitution."
The Federalist No. 78, at 402 (Alexander Hamilton)

Alexander Hamilton's impassioned advocacy of an independent judiciary rings as true now as it did when Hamilton was attempting to convince the people of the State of New York to ratify the new Constitution. For over 200 years, the independent federal judiciary has been a powerful tool in guarding the Constitution and the rights of …


Introduction To Mercer Law Review Symposium On Federal Judicial Independence, L. Ralph Mecham Mar 1995

Introduction To Mercer Law Review Symposium On Federal Judicial Independence, L. Ralph Mecham

Mercer Law Review

No abstract provided.


The Independence Of Judges, James Zagel, Adam Winkler Mar 1995

The Independence Of Judges, James Zagel, Adam Winkler

Mercer Law Review

One might begin by asking why we are having this symposium. "Judicial independence" arises infrequently in litigation, so there are few snarling doctrinal knots to loosen and even fewer precedents to ponder. The truth is that our legislative and executive branches of government rarely attempt to interfere with the decisions of the federal judiciary. Of the few cases that have been decided, most seem surprisingly minor in their importance and insight.' It seems to us immensely difficult to make many judgments about judicial independence in the abstract that are likely to win widespread agreement, and in this area abstraction abounds. …


Federal Judges And The Judicial Branch: Their Independence And Accountability, Gordon Bermant, Russell R. Wheeler Mar 1995

Federal Judges And The Judicial Branch: Their Independence And Accountability, Gordon Bermant, Russell R. Wheeler

Mercer Law Review

This issue of the Mercer Law Review was stimulated in part by a concern expressed by some federal judges that federal judicial independence is at risk. For example, the Committee on the Judicial Branch of the United States Judicial Conference expressed its hope that the symposium and other efforts will "address the concerns of judges about the protections afforded to them individually and to the Judiciary as an institution."' The Committee emphasized that those concerns "extend beyond the salary and tenure guarantees of the Constitution."' To many judges they also involve legislative and executive intervention into the operation of the …


Judicial Independence: Can It Be Without Article Iii?, Richard B. Hoffman, Frank P. Cihlar Mar 1995

Judicial Independence: Can It Be Without Article Iii?, Richard B. Hoffman, Frank P. Cihlar

Mercer Law Review

  1. ANALYSIS OF JUDICIAL INDEPENDENCE OF ALJS AND ARTICLE I COURTS VERSUS ARTICLE III JUDICIARY
  2. THE EXPERIENCE AND EVOLUTION OF THE TAX COURT
  3. SHAKING UP SOCIAL SECURITY
  4. COURT OR CORPS?