by Allyson K. Duncan and John Macy
Fall/Winter 2020–21 | Volume 104 Number 3In 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.
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 […]
by Charles Geyh
Summer 2020 | Volume 104 Number 2Over 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 […]
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 […]
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 […]
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, […]
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 […]
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 […]
We received news of Associate Justice Anthony M. Kennedy’s retirement as we prepared this edition of Judicature for printing. We look forward to paying tribute to him in a later […]
by David F. Levi, Allyson K. Duncan, Anthony M. Kennedy and Samuel A. Alito
Summer 2019 | Volume 103 Number 2Excerpts 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 […]