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Full-Text Articles in Law
Unequal Opportunities: Education Pathways To The U.S. Judiciary, Alfred C. Aman
Unequal Opportunities: Education Pathways To The U.S. Judiciary, Alfred C. Aman
Articles by Maurer Faculty
This paper is about diversity in federal and state courts in the United States. My main argument is that we should promote a judiciary that is reflective of the society of which it is a part for three reasons: first, because in doing so, we gain critical awareness of barriers to judicial service; second, because in doing so, we are also promoting access to resources, education and opportunities in the legal profession; and third, because it is possible (although not automatic) that a reflective judiciary will broaden the range of experience and perspective on the matters involved in the cases …
The Dimensions Of Judicial Impartiality, Charles G. Geyh
The Dimensions Of Judicial Impartiality, Charles G. Geyh
Articles by Maurer Faculty
Scholars have traditionally analyzed judicial impartiality piecemeal, in disconnected debates on discrete topics. As a consequence, current understandings of judicial impartiality are balkanized and muddled. This Article seeks to reconceptualize judicial impartiality comprehensively, across contexts. In an era when "we are all legal realists now," perfect impartiality-the complete absence of bias or prejudice-is at most an ideal; "impartial enough" has, of necessity, become the realistic goal. Understanding when imperfectly impartial is nonetheless impartial enough is aided by conceptualizing judicial impartiality in three distinct dimensions: a procedural dimension, in which impartiality affords parties a fair hearing; a political dimension, in which …
The American Judicature Society And Judicial Independence: Reflections At The Century Mark, Charles G. Geyh
The American Judicature Society And Judicial Independence: Reflections At The Century Mark, Charles G. Geyh
Articles by Maurer Faculty
A logical starting point in a symposium commemorating AJS at the century mark is with judicial independence – a sweeping topic with a complex architecture that gives structure to the AJS mission. The many and varied contributions that AJS has made to the administration of justice over the past one hundred years can best be understood and appreciated as means to further the overarching objective of promoting an independent and accountable judiciary.
Judicial Elections In The Aftermath Of White, Caperton, And Citizens United, Charles G. Geyh
Judicial Elections In The Aftermath Of White, Caperton, And Citizens United, Charles G. Geyh
Articles by Maurer Faculty
No abstract provided.
Rescuing Judicial Accountability From The Realm Of Political Rhetoric, Charles G. Geyh
Rescuing Judicial Accountability From The Realm Of Political Rhetoric, Charles G. Geyh
Articles by Maurer Faculty
The article examines the threat to judicial independence from political calls for more judicial accountability. The author begins by defining judicial accountability and discussing its purposes before breaking the concept down into three categories: institutional accountability, behavioral accountability, and decisional accountability. This process reveals that in the judicial accountability family, there is but one discrete sub-species, situated in the decisional accountability genus, that does not further accountability's proper purpose and is therefore conceptually problematic: direct political accountability for competent and honest judicial decision-making error that the politicians desire and a serious threat to judicial independence. The critical question becomes one …
The Judgment Of The Boss On Bossing The Judges: Bruce Springsteen, Judicial Independence, And The Rule Of Law, Charles G. Geyh
The Judgment Of The Boss On Bossing The Judges: Bruce Springsteen, Judicial Independence, And The Rule Of Law, Charles G. Geyh
Articles by Maurer Faculty
No abstract provided.
A Principled Approach To The Quest For Racial Diversity On The Judiciary, Luis Fuentes-Rohwer, Kevin R. Johnson
A Principled Approach To The Quest For Racial Diversity On The Judiciary, Luis Fuentes-Rohwer, Kevin R. Johnson
Articles by Maurer Faculty
As has been the case with respect to many political and social institutions in American society, diversity has been demanded, and at times pursued, in the nomination and appointment of state and federal judges. Nonetheless, commentators have long lamented the lack of diversity among judges in the United States.
U.S. Supreme Court appointments epitomize the glaring lack of diversity on the federal judiciary. Not until 1967 did President Lyndon Baines Johnson appoint the first African American Justice, Thurgood Marshall, to the Court. Since then, a more diverse group of judges has served on the state and federal courts than throughout …
Rethinking Judicial Elections, Charles G. Geyh
Rethinking Judicial Elections, Charles G. Geyh
Articles by Maurer Faculty
No abstract provided.
The Politics Of Crime And The Threat To Judicial Independence, Jeannine Bell
The Politics Of Crime And The Threat To Judicial Independence, Jeannine Bell
Articles by Maurer Faculty
No abstract provided.
Why Judicial Elections Stink, Charles G. Geyh
Why Judicial Elections Stink, Charles G. Geyh
Articles by Maurer Faculty
Those who are concerned about judicial independence and accountability in the United States quite rightly focus their attention on state judicial election campaigns. It is there that the most sustained and successful efforts to threaten judicial tenure in response to isolated, unpopular judicial decisions have occurred; and it is there that escalating campaign spending has created a public perception that judges are influenced by the contributions they receive. Attempts to address these problems have been undermined by four political realities that the author refers to as "the Axiom of 80 ": Eighty percent of the public favors electing their judges; …
Publicly Financed Judicial Elections: An Overview, Charles G. Geyh
Publicly Financed Judicial Elections: An Overview, Charles G. Geyh
Articles by Maurer Faculty
No abstract provided.
Court Reform: A View From The Bottom, Julia C. Lamber, Mary Lee Luskin
Court Reform: A View From The Bottom, Julia C. Lamber, Mary Lee Luskin
Articles by Maurer Faculty
No abstract provided.
Book Review. The Judicial Process: An Introductory Analysis Of The Courts Of The United States, England, And France By Henry J. Abraham, Bryant G. Garth
Book Review. The Judicial Process: An Introductory Analysis Of The Courts Of The United States, England, And France By Henry J. Abraham, Bryant G. Garth
Articles by Maurer Faculty
No abstract provided.
Jurors On Trial, Joseph Brodley, Harold M. Hoffman
Jurors On Trial, Joseph Brodley, Harold M. Hoffman
Articles by Maurer Faculty
No abstract provided.
The United States Supreme Court: 1947-48, John P. Frank
The United States Supreme Court: 1947-48, John P. Frank
Articles by Maurer Faculty
No abstract provided.
Book Review. Lions Under The Throne By C. P. Curtis, Jr. And The Nine Young Men By W. Mccune, John P. Frank
Book Review. Lions Under The Throne By C. P. Curtis, Jr. And The Nine Young Men By W. Mccune, John P. Frank
Articles by Maurer Faculty
No abstract provided.
The United States Supreme Court: 1946-47, John P. Frank
The United States Supreme Court: 1946-47, John P. Frank
Articles by Maurer Faculty
No abstract provided.
Disqualification Of Judges, John P. Frank
Disqualification Of Judges, John P. Frank
Articles by Maurer Faculty
No abstract provided.
The Appointment Of Supreme Court Justices: Prestige, Principles And Politics, John P. Frank
The Appointment Of Supreme Court Justices: Prestige, Principles And Politics, John P. Frank
Articles by Maurer Faculty
No abstract provided.
The Appointment Of Supreme Court Justices: Iii, John P. Frank
The Appointment Of Supreme Court Justices: Iii, John P. Frank
Articles by Maurer Faculty
No abstract provided.
Supreme Court Justice Appointments: Ii, John P. Frank
Supreme Court Justice Appointments: Ii, John P. Frank
Articles by Maurer Faculty
No abstract provided.