Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Chicago-Kent Law Review (1)
- Columbia Journal of Asian Law (1)
- Columbia Journal of European Law (1)
- Columbia Journal of Law and Social Problems (1)
- Columbia Law Review (1)
-
- Controlled transparency (1)
- Databases (1)
- Depoliticization (1)
- Education lawsuit (1)
- European Courts (1)
- Inequality (1)
- Institutional change (1)
- Judge shortage (1)
- Judicial activism (1)
- Judicial role (1)
- Media pressure (1)
- New governance (1)
- Populism (1)
- Public education funding (1)
- Reformed court (1)
- Remedial legislation (1)
- Role of courts (1)
- Systems reform (1)
- Transparency and accountability (1)
Articles 1 - 5 of 5
Full-Text Articles in Law
Courts As Catalysts: Re-Thinking The Judicial Role In New Governance, Joanne Scott, Susan P. Sturm
Courts As Catalysts: Re-Thinking The Judicial Role In New Governance, Joanne Scott, Susan P. Sturm
Faculty Scholarship
This Article offers a step forward in developing a theory of judicial role within new governance, drawing on the emerging practice in both the United States and Europe as a basis for this reconceptualization. The traditional conception of the role of the judiciary – as norm elaborators and enforcers – is both descriptively and normatively incomplete, and thus needs to be rethought. There is a significant but limited role for courts as catalysts. In areas of normative uncertainty or complexity, courts prompt and create occasions for normatively motivated and accountable inquiry and remediation by actors involved in new governance processes. …
China's Courts: Restricted Reform, Benjamin L. Liebman
China's Courts: Restricted Reform, Benjamin L. Liebman
Faculty Scholarship
Recent developments in China’s courts reflect a paradox largely avoided in literature on the subject: Can China’s courts play an effective role in a non-democratic governmental system? Changes to courts’ formal authority have been limited, courts still struggle to address basic impediments to serving as fair adjudicators of disputes, and courts continue to be subject to Communist Party oversight. Courts have also confronted new challenges, in particular pressure from media reports and popular protests. At the same time, however, the Party-state has permitted, and at times encouraged, both significant ground-up development of the courts and expanded use of the courts …
Article Iii And Supranational Judicial Review, Henry Paul Monaghan
Article Iii And Supranational Judicial Review, Henry Paul Monaghan
Faculty Scholarship
With the rise of supranational legislative bodies, the use of supranational adjudicatory bodies has also increased. These adjudicatory bodies have even been allowed to review the domestic law decisions offederal administrative agencies, and their decisions are insulated from any review by Article III courts. These developments have been met by intense opposition. This Article addresses the question whether, as claimed by several writers, the emerging supranational adjudicatory order impermissibly contravenes the "essential attributes of the judicial power established by Article III." Examining two case studies, the North American Free Trade Agreement (NAFTA) and the Supreme Court's recent decisions regarding Article …
Battle Of The Branches: The Separation Of Powers Doctrine In State Education Funding Suits, Sarah Seo
Battle Of The Branches: The Separation Of Powers Doctrine In State Education Funding Suits, Sarah Seo
Faculty Scholarship
What is the scope of judicial power to enforce positive rights, such as the right to education? This Note analyzes litigation outcomes in state education finance lawsuits to examine how state courts exercise their authority within the limits of the separation of powers doctrine. The Note argues that practical, non-legal factors play an important role in a judge's decision to grant remedies addressing unconstitutional legislative inaction to provide an adequate public education. In conclusion, the Note discusses the efficacy of education litigation in light of the judicial s jurisdictional limits, as well as the realities of state politics.
A Marriage Of Convenience? A Comment On The Protection Of Databases, Jane C. Ginsburg
A Marriage Of Convenience? A Comment On The Protection Of Databases, Jane C. Ginsburg
Faculty Scholarship
Daniel Gervais concluded his analysis of the protection of databases with three options for the future. I would like to examine a fourth. Let us assume no future flurry of national or supranational legislative activity because the content of databases is in fact already being protected. Not through copyright or sui generis rights, but through other means. Databases are an object of economic value, and they will conveniently wed whatever legal theory or theories will achieve the practical objective of preventing unauthorized exploitation of the works' contents. To beat the marriage metaphor into the ground, I'd like to suggest that, …