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Full-Text Articles in Law
Rethinking Judicial Elections, Charles G. Geyh
Rethinking Judicial Elections, Charles G. Geyh
Articles by Maurer Faculty
No abstract provided.
Judicial Independence And The Ambiguity Of Article Iii Protections, Tracey E. George
Judicial Independence And The Ambiguity Of Article Iii Protections, Tracey E. George
Vanderbilt Law School Faculty Publications
Is the federal judiciary truly an independent body? A quick glance at the Constitution would suggest the answer is yes. The Constitution provides for life tenure and a difficult removal process for federal judges that together, as the common wisdom goes, shield federal judges from the shifting winds of the more political branches and the public at large. The author of this essay argues, however, that on a closer examination of the protections provided for by the Constitution, judicial independence might be more mirage than truism. Threats to judicial independence arise not only externally through the actions of the other …
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; …
Recalibrating Federal Judicial Independence Symposium: Perspectives On Judicial Independence: Accountability And Separation Of Power Issues, James J. Brudney
Recalibrating Federal Judicial Independence Symposium: Perspectives On Judicial Independence: Accountability And Separation Of Power Issues, James J. Brudney
Faculty Scholarship
It is well settled that independent courts play a vital role in promoting rule-of-law and separation-of-powers norms. At the same time, judicial independence must be reconciled with other values that we also wish to recognize as foundational. Professor Brudney addresses two areas of controversy that are associated with the celebration of judicial autonomy in our legal culture. He first discusses the role of political and personal background factors in shaping judicial selection and influencing judicial outcomes. He explains why both the President and Congress have come to rely increasingly on such background factors when seeking to anticipate the broad contours …