The conventional wisdom among many legal scholars is that judicial independence can best be achieved with an appointive judiciary; judicial elections turn judges into politicians, threatening judicial autonomy. Yet the original supporters of judicial elections successfully eliminated the appointive systems of many states by arguing that judges who owed their jobs to politicians could never be t...

Author Leatrice Berman-Sandler reports on independent medical review (IMR), a state-based statutory remedy used to resolve disputes over coverage between patients and their health plans. Ms. Berman-Sandler explores the connection between ERISA preemption and IMR, and opines that in light of recent Supreme Court decisions, the stage has been set for expansion of IMR. Accordingly, Ms. Berman-Sand...

The thirty-fifth anniversary of legal abortion in the US was on 22 January 2008. During these years, millions of women have been able to have the abortions they need, without risk to their lives and health. Yet millions of other women have not. Roe v. Wade, the Supreme Court decision that legalised abortion in the USA, left a gap between legality and access that opponents turned into a chasm fi...

A Primer on the Civil-Law System councils of state. In Germany and countries that follow its model, special administrative courts have been created. In theory, ordinary court and administrative court jurisdiction is separate and exclusive, but disputes arise. In France, a special Tribunal of Conflicts decides which is the proper court for a disputed case. In Germany, the court in which the case...

Teen Courts provide a forum in which juvenile offenders are sentenced by their peers. This system, based on principles of restorative justice, serves as an alternative to the traditional juvenile justice system. Sentencing options typically include restitution, community service, jury duty, apologies, attendance at educational workshops, and tours of correctional facilities. Previous research h...

The Notary’s right of refusal through the approval Notary Honorary Council (NHC) hinders practice criminal law enforcement because it is absolute and there no further (final) legal remedy, even though a similar policy (beleid) has been revoked by Constitutional Court. In practice, notary cannot be examined investigators, public prosecutors, or judges, unless they have previously obtained NHC ap...