I. THE ROBERTS COURT’S COMPETING CLASS ACTION CASES ... 1628 II. THE COURT’S “NON-TRANSSUBSTANTIVE” CLASS ACTION DECISIONS ............................................................................. 1636 A. The Court’s “Non-Transsubstantive” Rule 23 Jurisprudence .............. 1637 1. Substantive Lawmaking .................................................... 1637 2. Composite Judgments: Subs...

In the last fifty years, perhaps no facet of American constitutional democracy has changed more than campaigns for judicial office. Judicial elections long stood in sharp contrast to elections for executive, legislative, or administrative office. In keeping with the judicial role of impartial adjudicator, judicial candidates historically avoided political controversy and campaigned on “polite p...

This article shows that judicial review has a democratic justification, although it is not necessary for democratic government and its virtues are controversial and often speculative. Against critics like Waldron and Bellamy, it shows that judges, no less than legislators, can embody democratic forms of representation, accountability and participation. Hence, judicial review is not undemocratic...

This Article addresses questions of judicial ethics raised by privately-funded judicial seminars and how they are answered by existing legal and ethical standards. It discusses the relevant restrictions and describes the courts’ interpretations. The Article concludes that these interpretations are rooted in reasonable understandings of the current restrictions. It questions whether or not the c...

To understand policy-motivated behavior of Supreme Court justices it is necessary to measure their policy preferences. To date, most scholars have assumed the policy preferences of Supreme Court justices remain consistent throughout the course of their careers, and most measures of judicial ideology – such as Segal and Cover (1989) scores – are time invariant. This assumption is facially valid;...

Suicide statistics for Britain (England and Wales) from 1950 to 1990 are analysed. A rising suicide rate among males, particularly the young, is associated with an increased use of hanging as a suicide method. The same trend is not seen among females. Death by hanging can seldom be concealed or regarded as other than suicide, so statistics for suicidal hanging are likely accurate. Increased sui...

II. JUDICIAL SPECIALIZATION: A BACKGROUND .............................. 397 A. The Theoretical Context for Judicial Specialization ............... 397 B. Typologies of Judicial Specialization ...................................... 399 C. Arguments for and Against Specialized Courts ....................... 400 1. Development of Judicial Human Capital .............................. 401 2. Creati...