Rule of Law

Civic Education: The Key to Preserving Judicial Independence

by Judicature Staff

Summer 2020 | Volume 104 Number 2

At a time when the branches of government are making daily headlines, how do we educate the public about a fair and impartial judiciary and its vital role in our Continue Reading »

Judicial Independence: Tweak the Guiding Paradigm

by Charles Geyh

Summer 2020 | Volume 104 Number 2

Over time, the public has simply ceased to believe judges when they say that they follow the law, and nothing but. If judges impose their ideological policy preferences, the argument Continue Reading »

Protecting Fair and Impartial Courts: Reflections on Judicial Independence

by David F. Levi

Summer 2020 | Volume 104 Number 2

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 Continue Reading »

Judicial Review and Parliamentary Supremacy

Judicial Review & Parliamentary Supremacy

by David Collins

Spring 2020 | Volume 104 Number 1

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 Continue Reading »

Communication Breakdown: How Courts Do — and Don’t — Respond to Statutory Overrides

by Deborah A. Widiss

Spring 2020 | Volume 104 Number 1

Courts and Congress are, at times, engaged in a kind of ongoing “conversation” about statutory law. Congress has exclusive power to enact statutes — but when statutory language is unclear, Continue Reading »

Justice Dikgang Moseneke

A Freedom Fighter and Judicial Luminary: 2020 Bolch Prize Honors Dikgang Moseneke of the South Africa Constitutional Court

by Melinda Vaughn

Spring 2020 | Volume 104 Number 1

Dikgang Moseneke, an internationally revered jurist who helped build and lead a democratic South Africa as it emerged from apartheid, has been named the recipient of the 2020 Bolch Prize Continue Reading »

Boxed In: Does the Prospect of Re-Selection Influence Judicial Decision Making?

by Ann A. Scott Timmer

Fall 2019 | Volume 103 Number 3

When Justice Ann A. Scott Timmer was given the opportunity to write on a topic of her choosing as part of Duke Law’s Master of Judicial Studies program, she gravitated Continue Reading »

Advancing the Rule of Law

by David F. Levi, Allyson K. Duncan, Anthony M. Kennedy and Samuel A. Alito

Summer 2019 | Volume 103 Number 2

Excerpts from the 2019 Bolch Prize for the Rule of Law ceremony On April 11, 2019, the Bolch Judicial Institute presented its inaugural Bolch Prize for the Rule of Law Continue Reading »

51 Imperfect Solutions: State and Federal Judges Consider the Role of State Constitutions

by David F. Levi, Allison Eid, Joan Larsen, Goodwin Liu and Jeffrey Sutton

Spring 2019 | Volume 103 Number 1

Judge Jeffrey Sutton is one of our most respected and admired federal appellate judges. He has served on the Sixth Circuit, with chambers in Columbus, Ohio, since his appointment to Continue Reading »

A Blinding, An Awakening, and a Journey Through Civil Rights History

by Amelia Ashton Thorn

Summer 2019 | Volume 103 Number 2

Sergeant Isaac Woodard had just completed a three-year tour in a segregated unit of the United States Army. He boarded a Greyhound bus in Augusta, Ga., that would take him Continue Reading »