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Full-Text Articles in Law
J. Skelly Wright And The Limits Of Liberalism, Louis Michael Seidman
J. Skelly Wright And The Limits Of Liberalism, Louis Michael Seidman
Georgetown Law Faculty Publications and Other Works
This essay, written for a symposium on the life and work of United States Court of Appeals Judge J. Skelly Wright, makes four points. First, Judge Wright was an important participant in the liberal legal tradition. The tradition sought to liberate law from arid formalism and to use it as a technique for progressive reform. However, legal liberals also believed that there were limits on what judges could do–-limits rooted in both its liberalism and its legalism. Second, Wright occupied a position on the left fringe of the liberal legal tradition, and he therefore devoted much of his career to …
"Sir, Yes, Sir!": The Courts, Congress And Structural Injunctions, Mark V. Tushnet
"Sir, Yes, Sir!": The Courts, Congress And Structural Injunctions, Mark V. Tushnet
Georgetown Law Faculty Publications and Other Works
This is a deeply confused book. Not that the authors' stance is unclear: They have seen federal courts in action, and they don't like what they see. Their subject is federal judicial supervision of state and local governments through injunctive decrees. The authors' position wouldn't be confused - or at least would be confused in a different way - if they dealt with injunctive decrees aimed at enforcing what the judges took to be constitutional requirements. In such cases there's at least something coherent that can be said about judges displacing democratic decision-making. Sandler and Schoenbrod, though, don't deal with …
Myth, Reality Past And Present, And Judicial Elections, Roy A. Schotland
Myth, Reality Past And Present, And Judicial Elections, Roy A. Schotland
Georgetown Law Faculty Publications and Other Works
Why do we have judicial elections? A democracy without elections for the legislature and executive (or, in parliamentary systems, for the executive as the leadership of the elected legislators), would be simply inconceivable. But no one would deny that eleven of our states, or many other nations, are democracies even though they do not elect judges. It might follow from that irrefutable, fundamental difference between elections for judges and for other offices, that judicial elections should not-or more to the point, need not-be conducted the same as other elections. Before we soar into debate, let us lay a foundation with …