Doubting the Impartiality: Constitutional Court Judges and Conflict of Interest

Coping with the Conflict-of-Interest Pandemic by Listening to and Doubting Everyone, Including Yourself

In light of the widespread existence of financial and non-financial issues that contribute to the appearance or fact of conflict of interest, it is proposed that conflict of interest should generally be assumed, no matter the source of financial support or the expressed declarations of conflicts and even with respect to one's own work. No new model is advanced for modification of peer-review pr...

The Warren Court : Constitutional Decision

The appointment in 1953 of Earl Warren as Chief Justice of the United States marked the beginning of a new era in the development of constitutional law. In the ensuing years changes of vast dimension and historic impact have taken place. Few men are better qualified to assess the significance of the decisions of the Warren Court than Archibald Cox, student of law, teacher of law and, from 1961 ...

Directing Retribution: On the Political Control of Lower Court Judges

The sentencing decisions of trial judges are constrained by statutory limits imposed by legislatures. At the same time, judges in many states face periodic review, often by the electorate. We develop a model in which the effects of these features of a judge’s political landscape on judicial behavior interact. The model yields several intriguing results: First, if legislators care about the prop...

Self-Interest, Automaticity, and the Psychology of Conflict of Interest

This paper argues that self-interest and concern for others influence behavior through different cognitive systems. Self-interest is automatic, viscerally compelling, and often unconscious. Understanding one’s ethical and professional obligations to others, in contrast, often involves a more thoughtful process. The automatic nature of self-interest gives it a primal power to influence judgment ...

of the American Judges Association American Judges Association 2007 Court Review : Volume 44 , Issue 1 / 2 – Children and Procedural Justice