Rule of Law

Table of Contents

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Spring 2021 | Volume 105 Number 1

— Features — 2020 ELECTION LITIGATION: THE COURTS HELD David F. Levi, Amelia Ashton Thorn & John Macy THE FUTURE OF THE U.S. PRESIDENCY David Kennedy, Daphna Renan, Terry Moe, […]

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Retired Mass. Chief Justice Margaret H. Marshall to Receive 2021 Bolch Prize for the Rule of Law

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Spring 2021 | Volume 105 Number 1

Margaret H. Marshall — former chief justice of the Massachusetts Supreme Judicial Court and a lifelong advocate for a more transparent, efficient, and accountable judiciary — will receive the 2021 […]

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2020 Election Litigation: The Courts Held

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Spring 2021 | Volume 105 Number 1

We had an extraordinary election in November 2020. More Americans voted than in any other election, even though an infectious virus still stalked the nation. Immediately following election day, we […]

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The Future of the U.S. Presidency

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Spring 2021 | Volume 105 Number 1

What will be the legacy of the Trump presidency? Was this administration uniquely tumultuous because of Donald Trump’s personality and beliefs? Or are there other external forces or circumstances at […]

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Foundations of U.S. Federalism

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Spring 2017 | Volume 101 Number 1

What precisely is American federalism? In their seminal work on federal jurisdiction, Felix Frankfurter and Wilber Katz allude to a “dynamic struggle” between federal and state power, the ebb and […]

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The Collapse of Judicial Independence in Poland: A Cautionary Tale

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Fall/Winter 2020–21 | Volume 104 Number 3

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.

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Civic Education: The Key to Preserving Judicial Independence

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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 […]

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Judicial Independence: Tweak the Guiding Paradigm

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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 […]

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Protecting Fair and Impartial Courts: Reflections on Judicial Independence

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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 […]

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Judicial Review and Parliamentary Supremacy

Judicial Review & Parliamentary Supremacy

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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 […]

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