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...

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...

adjudication independence can be studied in two areas namely independency of judicial power and independency of judge. the first one is based on the separation of powers theory but judge independence means its freedom from parties and their attorneys and its independence in intern of judiciary power. this sense of independence has two objectives: 1) judge's freedom in applying the law to f...

abstractibn teymiyye, to declare his new subjects and controversial judicial decrees (fatwas), had to change the concept of some terms and define them in a way that using those concepts he could issue his desirable judicial decrees based on his ijtihad. the most important term whose meaning was changed by ibn teymiyye is: salaf (all the earl muslims). according to him the term salaf only includ...

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...

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...

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...

The relationship between de jure and de facto judicial independence is much debated in the literature. Some studies find no relationship between the formal rules governing the structure of the judiciary and its de facto independence. Other studies find a significant correlation between de jure and de facto judicial independence, with one study even touting de jure judicial independence as the m...

The traditional view that inter-branch judicial independence is a necessary condition for high levels of foreign direct investment is flawed because it neglects to consider the significance of the autonomy of judges from societal actors as a distinct factor. Separating these two aspects of judicial independence and then interacting them produces four “judicial regime types”: the Liberal, Partis...

This thesis examines the relationship between contested judicial elections and the value of total damages in product liability trials. For years, legal scholars have argued that judicial elections pose a direct threat to a judge's impartiality, but this thesis is one of only a few studies to observe judicial elections' quantitative effects on the application of law. Narrowing the focus of this ...