Archive: May 2022
Civic Education: Answering the Call
This edition of Judicature highlights some of the excellent work that courts and judges are doing to advance civic education in our country. Their efforts respond to Chief Justice John G. Roberts […]
Leaving Afghanistan
International organizations are working to evacuate Afghan women judges, who face particular peril under Taliban rule.
The Judiciary and the Rule of Law in Afghanistan
The current rule of law crisis has roots in Afghanistan’s 2004 constitution, which created a flawed separation of powers system.
Justice Jackson’s Persistent Post-Nuremberg Legacy
Justice Jackson’s post-Nuremberg legacy — his “dispassionate approach” to criminal procedure — continues to shape modern Fourth Amendment jurisprudence.
China’s E-Justice Revolution
(Pictured Above: View of an online hearing at the Hangzhou Internet Court, in Hangzhou City, the first court in the world designed to hear cases nearly exclusively online. Disputes focus […]
The Collapse of Judicial Independence in Poland: A Cautionary Tale
In late 2019, the Polish Sejm approved yet another law aimed at cabining the structure and function of the judiciary. The new law, popularly referred to as a “muzzle” law, empowers a disciplinary chamber to bring proceedings against judges for questioning the ruling party’s platform. The law allows the Polish government to fire judges, or cut their salaries, for speaking out against legislation aimed at the judiciary, or for questioning the legitimacy of new judicial appointees.
The Zooming of Federal Civil Litigation
Two great forces are upon us. One is COVID-19, a highly infectious disease that has disrupted society around the globe.1 The other is the constant push of technological advancement, which […]
Protecting Fair and Impartial Courts: Reflections on Judicial Independence
I speak today about the importance of fair and impartial courts and the role of judicial independence in achieving that goal. I begin with two stories. Some years ago, my […]
Judicial Review & Parliamentary Supremacy
The American version of judicial review stands alone — and almost never stood at all If Chief Justice John Marshall could have been transported on Dr. Who’s “Tardis” back to […]
Lawyers, the Legal Profession & Access to Justice in the United States: A Brief History
In no profession is the gulf greater between ideals and practices than it is for lawyers. Ideally, justice is a universal good: the law protects equally the rights of the […]