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Full-Text Articles in Law

Precedent And Reliance, Randy J. Kozel Jan 2013

Precedent And Reliance, Randy J. Kozel

Journal Articles

Among the most prevalent justifications for deference to judicial precedent is the protection of reliance interests. The theory is that when judicial pronouncements have engendered significant reliance, there should be a meaningful presumption against adjudicative change. Yet there remains a fundamental question as to why reliance on precedent warrants judicial protection in the first place.

This Article explores the dynamics and implications of precedential reliance. It contends that the case for protecting reliance on precedent is uncertain. There are several reasons why reliance might potentially be worth protecting, but all are subject to serious limitations or challenges. To bolster the …


Pardon Me - The Need For A Fair And Impartial Judiciary, Jim Rosenblatt Jul 2012

Pardon Me - The Need For A Fair And Impartial Judiciary, Jim Rosenblatt

Journal Articles

The pardons issued by former Mississippi Governor Haley Barbour shortly before he left office created a swirl of controversy in Mississippi that played out in the national media. The Governor's Mansion, the Hinds County Courthouse, the State Capitol, and the Gartin Justice Building were frequent backdrops for media stories that took place over a two-month period reporting on "Pardongate." Several elements combined to make these pardons controversial and to make the issue such good fodder for the media.


Justice For Sale: Contemplations On The "Impartial" Judge In A Citizens United World, Aviva Abramovsky Jan 2012

Justice For Sale: Contemplations On The "Impartial" Judge In A Citizens United World, Aviva Abramovsky

Journal Articles

Although it has long been in vogue to discredit the judiciary, it remains the most trusted of the three branches of government. However, empirical evidence supports the idea that judicial campaign donations affect judicial decision making. The reality of political campaigns under Citizens United has the potential to further undermine the public perception of judges and to enhance the potential for corruption of the judiciary.


Justice Under Siege: The Rule Of Law And Judicial Subservience In Kenya, Makau Wa Mutua Feb 2001

Justice Under Siege: The Rule Of Law And Judicial Subservience In Kenya, Makau Wa Mutua

Journal Articles

The piece examines the tortured history of the judiciary in Kenya and concludes that various governments have deliberately robbed judges of judicial independence. As such, the judiciary has become part and parcel of the culture of impunity and corruption. This was particularly under the one party state, although nothing really changed with the introduction of a more open political system. The article argues that judicial subservience is one of the major reasons that state despotism continues to go unchallenged. It concludes by underlining the critical role that the judiciary has to play in a democratic polity.


The Role Of The Law Review In The Tradition Of Judicial Scholarship, Kenneth F. Ripple Jan 2000

The Role Of The Law Review In The Tradition Of Judicial Scholarship, Kenneth F. Ripple

Journal Articles

This article explores one of the most important sources of judicial education, the law review. Part I first examines, by way of introduction, why continued intellectual growth is so important to the American jurist of today. It then sets forth the growth of the law review as an institution within the legal profession. Part II examines the various roles that law reviews play traditionally in the intellectual life of a judge and suggests, with respect to each, certain improvements in the judge-law review relationship designed both to enhance the effectiveness of the law review as an intellectual companion and to …


The Compromise Of '38 And The Federal Courts Today, John H. Robinson Jan 1998

The Compromise Of '38 And The Federal Courts Today, John H. Robinson

Journal Articles

In 1998 the legal community of the United States should stop and take stock of two epochal events in the history of the federal judicial system. One of those events, as readers of a procedure symposium do not need to be told, is the sixtieth anniversary of the introduction of the Federal Rules of Civil Procedure. I shall have more to say about that event presently, but I want first to devote a few paragraphs to a second event, one which proceduralists ignore at their peril. The event I have in mind is the initiation of a new era of …