Briefs, Judicial Honors
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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by David F. Levi, Amelia Ashton Thorn and John Macy
Spring 2021 | Volume 105 Number 1We 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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by David F. Levi, Terry M. Moe, David Kennedy, Daphna Renan and Jack L. Goldsmith
Spring 2021 | Volume 105 Number 1What 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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by Lee Rosenthal and Gregory P. Joseph
Spring 2017 | Volume 101 Number 1What 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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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.
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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 […]
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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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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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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, […]
