Rule of Law
Briefs, Judicial Honors
Retired Mass. Chief Justice Margaret H. Marshall to Receive 2021 Bolch Prize for the Rule of Law
Vol. 105 No. 1 (2021) | The Courts HeldMargaret 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 […]
Feature
Foundations of U.S. Federalism
by Lee Rosenthal and Gregory P. Joseph
Vol. 101 No. 1 (2017) | Citizen-centered CourtsWhat 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 […]
Feature
The Collapse of Judicial Independence in Poland: A Cautionary Tale
by John Macy and Allyson K. Duncan
Vol. 104 No. 3 (2020-21) | Judges on the MarchIn 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.
Feature
Judicial Independence: Tweak the Guiding Paradigm
by Charles Geyh
Vol. 104 No. 2 (2020) | Coping with COVIDOver 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 […]
Feature
Civic Education: The Key to Preserving Judicial Independence
Vol. 104 No. 2 (2020) | Coping with COVIDAt 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 […]
Feature
Protecting Fair and Impartial Courts: Reflections on Judicial Independence
Vol. 104 No. 2 (2020) | Coping with COVIDI 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 […]
Feature
Communication Breakdown: How Courts Do — and Don’t — Respond to Statutory Overrides
Vol. 104 No. 1 (2020) | A Clearer ViewCourts 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, […]
Feature
Judicial Review & Parliamentary Supremacy
Vol. 104 No. 1 (2020) | A Clearer ViewThe 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 […]
Briefs
A Freedom Fighter and Judicial Luminary: 2020 Bolch Prize Honors Dikgang Moseneke of the South Africa Constitutional Court
Vol. 104 No. 1 (2020) | A Clearer ViewDikgang 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 […]
From the Publisher
From The Publisher
Vol. 102 No. 1 (2018) | Forensic FailWhat an honor it is for me to greet you as the inaugural director of the Bolch Judicial Institute of Duke Law School. As you will read in this journal, […]