Open Access. Powered by Scholars. Published by Universities.®
- Discipline
Articles 1 - 3 of 3
Full-Text Articles in Law
Marking The Path Of The Law, Stephen Ellmann
Marking The Path Of The Law, Stephen Ellmann
Articles & Chapters
This article, published in South Africa's Constitutional Court Review, focuses on the Constitutional Court of South Africa in order to discuss the nature of constitutional judging more generally. Looking to Brown v. Board of Education as an example, it argues that technical skill – though obviously important – is not the highest virtue of the constitutional judge, and that a central attribute of constitutional judging is commitment to the values of the constitution. But commitment to values is more than a matter of rational assent. As everyday experience and neurological evidence teach us, commitment naturally and unavoidably involves the judge’s …
Separate, Unequal And Alien: Comments On The Limits Of Brown, Lenni B. Benson
Separate, Unequal And Alien: Comments On The Limits Of Brown, Lenni B. Benson
Articles & Chapters
No abstract provided.
Federal Court Reform Of State Criminal Justice Systems: A Reassessment Of The Younger Doctrine From A Modern Perspective, Donald H. Zeigler
Federal Court Reform Of State Criminal Justice Systems: A Reassessment Of The Younger Doctrine From A Modern Perspective, Donald H. Zeigler
Articles & Chapters
The Supreme Court in its 1971 decision of Younger v. Harris prohibited federal court intervention in pending state criminal proceedings in the absence of special circumstances. This Article examines the Younger doctrine from a modern perspective and argues for its abolition. The Article shows that abstention in cases seeking reform of state criminal justice systems is inconsistent with federal court activism in other areas. It argues that state judges are not entitled to greater deference by federal courts than other state officials. It then explains why federal injunctive relief is essential to achieve systemic reform of state criminal justice. Finally, …