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1998

Duke Law

Independence

Articles 1 - 5 of 5

Full-Text Articles in Law

Comment, Roy A. Schotland Jul 1998

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.


Comment: Judicial Accountability And Discipline, Wendell L. Griffen Jul 1998

Comment: Judicial Accountability And Discipline, Wendell L. Griffen

Law and Contemporary Problems

The judicial disciplinary process and the specter of politically motivated misconduct allegations against state judges poses an important challenge to judicial independence.


Judicial Discipline And Judicial Independence, Steven Lubet Jul 1998

Judicial Discipline And Judicial Independence, Steven Lubet

Law and Contemporary Problems

The question of judicial accountability and independence arises primarily in the context of state courts. When it comes to accountability, it is state judges who must be concerned about threates to their independence.


Judicial Independence And Democratic Accountability In Highest State Courts, Paul D. Carrington Jul 1998

Judicial Independence And Democratic Accountability In Highest State Courts, Paul D. Carrington

Law and Contemporary Problems

Carrington notes that because judges in trial and intermediate courts are accountable to highest courts, it is the latter that are responsible for keeping the faith with democratic traditions.


Comment: Judicial Selection And Decisional Independence, Harold See Jul 1998

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.