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Legal Ethics and Professional Responsibility

2021

Articles by Maurer Faculty

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The Architecture Of Judicial Ethics, Charles G. Geyh Jan 2021

The Architecture Of Judicial Ethics, Charles G. Geyh

Articles by Maurer Faculty

In 1999, Professor Stephen Burbank wrote an article entitled The Architecture of Judicial Independence. It is a foundational piece that gave structure to what was then an understudied field. At the heart of that article is a profound insight: stable and enduring judicial systems are the product of forces in constructive tension. Thus, in the context of judicial administration, Burbank conceptualized judicial independence with reference to judicial accountability, and characterized pressure points in the relationship between them as complementary, not contradictory; and in later work, he made a similar point about the interplay between the law and policy in judicial …