Rule of Law

2020 Election Litigation: The Courts Held

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Vol. 105 No. 1 (2021) | The Courts Held

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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Vol. 105 No. 1 (2021) | The Courts Held

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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Vol. 101 No. 1 (2017) | Citizen-centered Courts

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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Vol. 104 No. 3 (2020-21) | Judges on the March

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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Vol. 104 No. 2 (2020) | Coping with COVID

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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Vol. 104 No. 2 (2020) | Coping with COVID

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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Vol. 104 No. 2 (2020) | Coping with COVID

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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Vol. 104 No. 1 (2020) | A Clearer View

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

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Vol. 104 No. 1 (2020) | A Clearer View

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, […]

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Justice Dikgang Moseneke

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

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Vol. 104 No. 1 (2020) | A Clearer View

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 […]

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