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Full-Text Articles in Law
Judicial Independence In Excess: Reviving The Judicial Duty Of The Supreme Court, Paul D. Carrington, Roger C. Cramton
Judicial Independence In Excess: Reviving The Judicial Duty Of The Supreme Court, Paul D. Carrington, Roger C. Cramton
Cornell Law Faculty Publications
Independence from extrinsic influence is, we know, indispensable to public trust in the integrity of professional judges who share the duty to decide cases according to preexisting law. But such independence is less appropriate for those expected to make new law to govern future events. Indeed, in a democratic government those who make new law are expected to be accountable to their constituents, not independent of their interests and unresponsive to their desires. The Supreme Court of the United States has in the last century largely forsaken responsibility for the homely task of deciding cases in accord with preexisting law …
Foreward: The Most Confusing Branch, Michael C. Dorf
Foreward: The Most Confusing Branch, Michael C. Dorf
Cornell Law Faculty Publications
No abstract provided.
The Supreme Court 1997 Term -- Foreword: The Limits Of Socratic Deliberation, Michael C. Dorf
The Supreme Court 1997 Term -- Foreword: The Limits Of Socratic Deliberation, Michael C. Dorf
Cornell Law Faculty Publications
No abstract provided.
The Supreme Court And The Decline Of State Power, Roger C. Cramton
The Supreme Court And The Decline Of State Power, Roger C. Cramton
Cornell Law Faculty Publications
No abstract provided.
The Supreme Court And State Power To Deal With Subversion And Loyalty, Roger C. Cramton
The Supreme Court And State Power To Deal With Subversion And Loyalty, Roger C. Cramton
Cornell Law Faculty Publications
In this Article, Professor Cramton discusses the effect of recent United States Supreme Court decisions on state control of Subversive activities. He finds that while the decisions to some extent restrict state activity in this area, and though the Court in its decisions gives the impression of vacillation and confusion, some definite and workable principles are emerging which contribute to a resolution of the inherent conflict of federal-state relations which these issues pose. He concludes that as the states grow more sophisticated in their treatment of these issues, so the policy of judicial self-restraint will become more influential in restricting …