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Full-Text Articles in Law
Retaining Judicial Authority: A Preliminary Inquiry On The Dominion Of Judges, Larry Catá Backer
Retaining Judicial Authority: A Preliminary Inquiry On The Dominion Of Judges, Larry Catá Backer
William & Mary Bill of Rights Journal
Why do the people and institutions of democratic states, and in particular those of the United States, obey judges ? This article examines the foundations of judicial authority in the United States. This authority is grounded on principles of dominance derived from the organization of institutional religion. The judge in Western states asserts authority on the same basis as the priest - but not the priest as conventionally understood. Rather, the authority of the judge in modern Western democratic states is better understood when viewed through the analytical lens of priestly function developed in the philosophy of Friedrich Nietzsche. Focusing …
Constitutional Empiricism: Quasi-Neutral Principles And Constitutional Truths, Timothy Zick
Constitutional Empiricism: Quasi-Neutral Principles And Constitutional Truths, Timothy Zick
Faculty Publications
The absence of neutrality and objectivity in constitutional decision-making has vexed scholars and courts. In this Article, the author describes and analyzes "constitutional empiricism," a trend instituted by the Rehnquist Court, which is characterized by judicial reliance in constitutional review on empirical and scientific conventions and processes. Courts have generally relied upon traditional sources, such as text and history, to interpret consititutional powers and rights. In its search for neutrality and objectivity, however, the Court has recently turned not only to social science and other data, which are fast becoming common sources of interpretation, but also to the precepts and …
Congress And The Making Of The Second Rehnquist Court, Neal Devins
Congress And The Making Of The Second Rehnquist Court, Neal Devins
Faculty Publications
No abstract provided.
Judicial Selection As War, Michael J. Gerhardt
Judicial Selection As War, Michael J. Gerhardt
Faculty Publications
No abstract provided.