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Articles 1 - 12 of 12
Full-Text Articles in Law
Taxation, Compensation, And Judicial Independence, Jonathan L. Entin, Erik M. Jensen
Taxation, Compensation, And Judicial Independence, Jonathan L. Entin, Erik M. Jensen
Faculty Publications
Article III of the Constitution seeks to protect judicial independence, partly through a guarantee of life tenure and partly through a clause that prohibits the diminution of judges' "compensation". The Compensation Clause does not address the subject of taxation, but it has always been understood to affect the federal government's taxing power. This article examines the framing of the Compensation Clause, some nineteenth-century detours that are inconsistent with the original understanding of the Clause, and the Supreme Court's jurisprudence on taxation of judges under the Clause. The article critically analyzes the Court's most recent case on the subject, United States …
Taxation, Compensation, And Judicial Independence: Hatter V. United States, Jonathan L. Entin, Erik M. Jensen
Taxation, Compensation, And Judicial Independence: Hatter V. United States, Jonathan L. Entin, Erik M. Jensen
Faculty Publications
Article III of the Constitution seeks to protect judicial independence, partly through a guarantee of life tenure and partly through a clause that prohibits the diminution of judges' "compensation". The Compensation Clause does not address the subject of taxation, but it has always been understood to affect the federal government's taxing power. This article examines the framing of the Compensation Clause, some nineteenth-century detours that are inconsistent with the original understanding of the Clause, and the Supreme Court's jurisprudence on taxation of judges under the Clause. The article critically analyzes the Court's most recent case on the subject, United States …
Rescuing Judicial Accountability From The Realm Of Political Rhetoric, Charles Gardner Geyh
Rescuing Judicial Accountability From The Realm Of Political Rhetoric, Charles Gardner Geyh
Case Western Reserve Law Review
No abstract provided.
The Inevitability (And Desirability) Of Avoidance: A Response To Dean Kloppenberg, Melvyn R. Durchslag
The Inevitability (And Desirability) Of Avoidance: A Response To Dean Kloppenberg, Melvyn R. Durchslag
Case Western Reserve Law Review
No abstract provided.
Symposium - Judicial Independence And Judicial Accountability: Searching For The Right Balance - "Atrocious Judges" And "Odious" Courts Revisited, Robert N. Strassfeld
Symposium - Judicial Independence And Judicial Accountability: Searching For The Right Balance - "Atrocious Judges" And "Odious" Courts Revisited, Robert N. Strassfeld
Case Western Reserve Law Review
No abstract provided.
Judicial Accountability In A Time Of Legal Realism, William P. Marshall
Judicial Accountability In A Time Of Legal Realism, William P. Marshall
Case Western Reserve Law Review
No abstract provided.
Judging, Politics, And Accountability: A Reply To Charles Geyh, Susan Bandes
Judging, Politics, And Accountability: A Reply To Charles Geyh, Susan Bandes
Case Western Reserve Law Review
No abstract provided.
Taxation, Compensation, And Judicial Independence, Jonathan L. Entin, Erik M. Jensen
Taxation, Compensation, And Judicial Independence, Jonathan L. Entin, Erik M. Jensen
Case Western Reserve Law Review
No abstract provided.
Does Avoiding Constitutional Questions Promote Judicial Independence, Lisa A. Kloppenberg
Does Avoiding Constitutional Questions Promote Judicial Independence, Lisa A. Kloppenberg
Case Western Reserve Law Review
No abstract provided.
Avoiding Avoidance: Why Use Of The Constitutional Avoidance Canon Undermines Judicial Independence - A Response To Lisa Kloppenberg, Michelle R. Slack
Avoiding Avoidance: Why Use Of The Constitutional Avoidance Canon Undermines Judicial Independence - A Response To Lisa Kloppenberg, Michelle R. Slack
Case Western Reserve Law Review
No abstract provided.
The "Constitution Restoration Act" And Judicial Independence: Some Observations, Mark Tushnet
The "Constitution Restoration Act" And Judicial Independence: Some Observations, Mark Tushnet
Case Western Reserve Law Review
No abstract provided.
The Constitution Restoration Act, Judicial Independence, And Popular Constitutionalism, Ronald Kahn
The Constitution Restoration Act, Judicial Independence, And Popular Constitutionalism, Ronald Kahn
Case Western Reserve Law Review
No abstract provided.