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Full-Text Articles in Law
Comment, Roy A. Schotland
Comment, Roy A. Schotland
Law and Contemporary Problems
The greatest current threat to judicial independence is the increasing politicization of judicial elections. They are becoming nastier, noisier and costlier.
Judging Rules, Ruling Judges, Stephen C. Yeazell
Judging Rules, Ruling Judges, Stephen C. Yeazell
Law and Contemporary Problems
Bureaucracy and complexity are not pejorative terms, but they are limiting terms, and it makes sense to examine the limitations that inhere in them. The US needs to return from a system of judicially created rules back to a system of judicially scrutinized rules.
Independent Judges And Independent Justice, Suzanna Sherry
Independent Judges And Independent Justice, Suzanna Sherry
Law and Contemporary Problems
Sherry discusses how judges have exercised their independence. She provides a brief historical overview of judges using their independence to implement their own view of justice.
Comment, Thomas R. Phillips
Comment, Thomas R. Phillips
Law and Contemporary Problems
With the proper role of judging so unsettled, it is hardly surprising that Americans also do not agree on what training, experience or temperament will produce the best judge.
Separating Judicial Power, David P. Currie
Separating Judicial Power, David P. Currie
Law and Contemporary Problems
Currie outlines the development of the status of judges in England and in the US, with a brief reference to the German system. He also discusses some of the more important controversies over judicial independence and accountability that have arisen under the US Constitution.
On Not Making Law, Mitu Gulati, C. M. A. Mccauliff
On Not Making Law, Mitu Gulati, C. M. A. Mccauliff
Law and Contemporary Problems
Having argued that it is important to think about court norms, Gulati and McCauliff describe data on the publication practices of the various circuits. The data suggest that there are radical differences in the norms.
Comment: Judicial Selection And Decisional Independence, Harold See
Comment: Judicial Selection And Decisional Independence, Harold See
Law and Contemporary Problems
To protect the decisional independence of judges without disturbing the proper balance of control on the exercise of judicial power, substantive reforms to the selection processes should include adjustments in judicial term length, responsible campaign finance reform and efforts to assure public understanding of the role of the judiciary in the government structure of the US.