Showing papers on "Judicial opinion published in 1996"

Judicial Independence in Civil Law Regimes: Econometrics from Japan

Abstract: Because civil-law systems hire unproven jurists into career judiciaries, many maintain elaborate incentive structures to prevent their judges from shirking. We use personnel data (backgrounds, judicial decisions, job postings) on 275 Japanese judges to explore general determinants of career success and to test how extensively politicians manipulate career incentives for political ends. We find strong evidence that the judicial system rewards the smartest and most productive judges. Contrary to some observers, we find no evidence of on-going school cliques, and no evidence that the system favors judges who mediate over those who adjudicate. More controversially, we locate three politically driven phenomena. First, even as late as the 1980's, judges who joined a prominent leftist organization in the 1960's were receiving less attractive jobs. Second, judges who decided a high percentage of cases against the government early in their careers were still receiving less attractive jobs than their peers in 1980s. Finally, whenever a judge decided a case against the government, he incurred a significant risk that the government would soon punish him with a less attractive post.

The Norm of Stare Decisis

Abstract: Theory: Precedent might affect Supreme Court decision making in a number of ways. One conception, the conventional view scrutinized by Segal and Spaeth, sees precedent as the primary reason why justices make the decisions that they do. A second regards precedent as a normative constraint on justices acting on their personal preferences. On this account, justices have a preferred rule that they would like to establish in the case before them, but they strategically modify their position to take account of a norm favoring respect for precedent in order to produce a decision as close as is possible to their preferred outcome. Hypothesis: If precedent is a norm, researchers would be unlikely to detect its presence by conventional examinations of the vote. Rather, it would manifest itself throughout the decision making process in some of the following ways: attorneys' attention to precedent and justices' appeals to and respect for the doctrine. Methods: Counts of attorneys' use of authorities in written briefs, of justices' appeals to precedent during conference discussion, of justices' invocation of precedent in their opinions, anid of the Court's alterations of stare decisis. Results: Since the data support our account of stare decisis as a norm that structures judicial decisions, we question research designs that focus solely on how precedent affects the disposition of cases.

Public Opinion, the Attitudinal Model, and Supreme Court Decision Making: A Micro-Analytic Perspective

Abstract: Recent aggregate-level research on the United States Supreme Court suggests that shifting tides of public opinion can have important effects on Supreme Court decisions. Moreover, these effects can be both direct (i.e., unmediated by other institutions) and indirect (i.e., mediated through presidential elections and subsequent judicial appointments). This research extends this inquiry by examining the influence of public opinion on individual members of the Supreme Court during the period 1953-1992. Although the majority of justices during this period show little or no evidence of public opinion effects, a significant minority of justices show substantial effects. As predicted by social psychological theories, the impact of public opinion is greatest among moderate justices who are likely to hold critical swing positions on the Court. The effects of public opinion are in addition to significant agenda effects and suggest important refinements in the standard attitudinal model of judicial decision making.

The Supreme Court and Federal Administrative Agencies: A Resource-Based Theory and Analysis of Judicial Impact

Abstract: Theorv: Government bureaucracies are strategic and implement Supreme Court opinions based upon the costs and benefits of alternative policy choices. Agencies develop these expectations from prevailing resource environments and bureaucracies are more likely to establish larger policy change when resources favor the Court because the costs of not changing their policies appear larger. Hypotheses: The amount of bureaucratic policy change due to Court opinions is a function of: (1) attributes of Supreme Court opinions-specificity of Court-ordered policy change, basis of opinions, remands, and dissents; (2) agency characteristics-policy preferences, type of proceedings, and time preferences; and (3) external actors-amicus curiae, opposing litigants, Congress, and presidents. Methods: An Ordered Probit analysis tests a multivariate model of the impact of every Supreme Court opinion reversing or remanding a federal agency decision from the 1953 through 1990 terms. Results: Agency policy change after Court opinions is influenced by the specificity of Supreme Court opinions, agency policy preferences, agency age, and amicus curiae support.

The shepherding of local public opinion: The Supreme Court and Lamb's Chapel

Abstract: We argue that the standard methodology for assessing the impact of Supreme Court decisions on public opinion, which relies on national surveys to measure public attitudes before and after relevant Court decisions, fails, among other grounds, to account for the fact that the overwhelming majority of Court decisions speak to particular constituencies only. We assess the impact of the Supreme Court's decision in Lamb's Chapel v. Center Moriches on the geographic constituencies involved in the case. We interviewed a random sample of residents in the town of Center Moriches and in the surrounding county of Suffolk, New York, before and after the decision. Consistent with the elaboration likelihood model of persuasion (Petty and Cacioppo 1986), we find that high levels of information about the decision increases support for the Court's decision among those for whom the decision is relatively less salient.

American Constitutionalism: From Theory to Politics

Abstract: Despite the outpouring of works on constitutional theory in the past several decades, no general introduction to the field has been available. Stephen Griffin provides here an original contribution to American constitutional theory in the form of a short, lucid introduction to the subject for scholars and an informed lay audience. He surveys in an unpolemical way the theoretical issues raised by judicial practice in the United States over the past three centuries, particularly since the Warren Court, and locates both theory and practices that have inspired dispute among jurists and scholars in historical context. At the same time he advances an argument about the distinctive nature of our American constitutionalism, regarding it as an instance of the interpenetration of law and politics.American Constitutionalism is unique in considering the perspectives of both law and political science in relation to constitutional theory. Constitutional theories produced by legal scholars do not usually discuss state-centered theories of American politics, the importance of institutions, behaviorist research on judicial decision making, or questions of constitutional reform, but this book takes into account the political science literature on these and other topics. The work also devotes substantial attention to judicial review and its relationship to American democracy and theories of constitutional interpretation.

The External Relations of the European Communities: A Manual of Law and Practice

Abstract: This text presents an account of the rules of law governing the external relations of the European Community, bringing together the principal relevant legal texts (treatises, judicial decisions, etc) to give a picture of the Communities' current status in the wider international order. The materials are accompanied by a commentary which analyzes the legal responsibilities of the Communities. This work should be of interest to practitioners and possibly graduate students and academics. Practitioners include anyone whose work brings them into contact with the EC, whether in Europe or the US. It includes those in Government service as well as those in private practice.

The Judicial Sector in Latin America and the Caribbean: Elements of Reform

Abstract: The World Bank has a number of projects in judicial reform under implementation and preparation and has found that there exists a need to define the elements of an overall judicial reform program which can be adapted given country-specific needs. This paper offers a coherent approach to judicial sector projects with which to assist governments from around the world. It proposes a program for judicial reform which specifically addresses the monopolistic nature and resultant inefficiency and inequity of court services, as well as the economic and legal causes behind them. The basic elements necessary to ensure an efficient judiciary are discussed. They include measures to guarantee judicial independence through changes in judicial budgeting, judicial appointment, and court administration; providing alternative dispute resolution mechanisms; enhancing the public's access to justice; incorporating gender issues in the reform process; and redefining legal education and training programs for students, lawyers and judges.

Slaying the Dragon: Segal, Spaeth and the Function of Law in Supreme Court Decision Making

Abstract: In 1961 Harold Spaeth published an article in the predecessor of this journal that concluded that an examination of the votes of Supreme Court justices was, ". . . protection against the subjectivity which qualitative techniques of analysis provided. The result is the attainment of a higher degree of reliability and validity in connection with measurement-quantitative techniques than is otherwise possible" (Spaeth 1961, 180). Shortly thereafter he published articles that not only quantitatively described the justices' voting behavior but that began a quest for an explanatory model of Supreme Court decision making. In these articles he considered that the justices' votes on the merits of selected categories of cases ". . . may be motivated by considerations other than those of a legal character" (Spaeth 1963a, 290) or ". . . by a single politically defined variable . . ." (Spaeth 1963b, 100). By 1976, he and a colleague defined the motivating factor as an "attitude" or an instrumental (change-oriented) policy preference which determines a vote when the simulation provided by an encounter with an "attitude object" or a class of litigants and an "attitude situation" or factual issue raised in a case (Rohde and Spaeth 1976, 76). With the publication of The Supreme Court and the Attitudinal Model (1993), Jeffrey Segal joined Spaeth to compile an exceptionally sophisticated collection of evidence in support of the thesis that political attitudes are the single important variable in Supreme Court justices' decision making. To ascertain the effect of judicial attitudes on voting behavior, Segal and Spaeth contrasted the explanatory power of their "attitudinal model" to a "legal model" of judicial decision making. The legal model assumes that judicial votes result from the application of use of professional interpretative techniques, or modes of reasoning from legal principles as taught in law schools, to the interpretation of various sorts of legal texts. As several critics have pointed out (Canon 1993, 99; Rosenberg 1994, 7; Smith 1994, 8-9), however, they did not empirically test the legal model. Rather, they attempted to provide evidence of the influence of political attitudes on the justices' voting behavior. Even in their most detailed discussion of the legal model (Segal and Spaeth 1993, 33-64, largely repeated in Spaeth 1995, 297-305), they did not present the legal model as a set of empirically testa-

A Judgment for Solomon: The d'Hauteville Case and Legal Experience in Antebellum America

Abstract: A Judgment for Solomon tells the story of the d'Hauteville case, a controversial child custody battle fought in 1840. It uses the story of one couple's bitter fight over their son to explore some timebound and timeless features of American legal culture. In a narrative analysis, it recounts how marital woes led Ellen and Gonzalve d'Hauteville into what Alexis de Tocqueville called the 'shadow of the law'. Their multiple legal experiences culminated in an eagerly followed Philadelphia trial that sparked a national debate over the legal rights and duties of mothers and fathers, and husbands and wives. The story of the d'Hauteville case explains why popular trials become 'precedents of legal experience' - mediums for debates about highly contested social issues. It also demonstrates the ability of individual women and men to contribute to legal change by turning to the law to fight for what they want.

On Law and Logic

Abstract: . The main purpose of this paper is to explore the role played by logic in the legal domain. In the traditional conception which underlies the movement of codification, judges are able to find in the legal system (the Master System) a unique answer for every legal problem. This entails its completeness, consistency and the possibility of deriving from it the contents of all judicial decisions. Although the ideal model of this conception is supported by important theoretical and political ideals, it has significant shortcomings. The elements of normative systems (Master Systems) are “norms” and not mere “norm-formulations.” A “norm” is the meaning attributed to normative linguistic expressions. The set of all normative expressions, such as statutes, codes, etc. forms what is called the Master Book. One of the main problems for the ideal model is the identification of a normative system behind the Master Book. Interpretative arguments are the tools designed to solve these problems. Although the requirements of the model are not totally fulfilled in actual practice, it remains as an effective ideal rational goal behind legal activities linked to adjudication and most theoretical approaches to law.

An Analysis of Judicial Opinions in Same-Sex Visitation and Adoption Cases

Abstract: There are two broad categories of family court decisions involving same-sex “second-parents”: first, cases where a second-parent is seeking visitation with her former partner's children; and second, adoption cases where the couple is seeking legal recognition of the second-parent's role in raising the children. Several jurisdictions grant same-sex second-parent adoptions; however, lesbian or gay second-parents, without a formal legal relationship with the children have rarely been successful in their attempts for visitation. In this paper the courts' analyses of the legal arguments made by the parties is reviewed. The results indicate that similar arguments are used in each of the different types of cases, but that the courts rely more heavily on statutory interpretation in the adoption cases.

Calling Off the Lynch Mob: The Corporate Director's Fiduciary Disclosure Duty

Abstract: Culminating in this year's decision in Kahn v. Roberts and Arnold v. Society for Savings Bancorp., the Delaware Supreme Court has had increasingly frequent occasion to consider the scope of the corporate director's duty of disclosure to stockholders. That trend may accelerate even further, as constriction of federal securities law remedies prompts increasing resort to state law theories of recovery for disclosure shortcomings. As the Kahn decision illustrates, however, the courts have only begun to illuminate the contours of the director's fiduciary duty of disclosure. To some extent, judicial decisions have defined that duty overbroadly, perhaps driven by the moral quality of fiduciary rhetoric. To define the director's fiduciary disclosure duty more appropriately, this Article supplies an analytical framework for the further development of this aspect of fiduciary doctrine.In developing this analytical framework, the Article first examines and rejects the claim that the director's fiduciary disclosure duty arises, under Delaware law, from a corporate statute repealed in 1967. The Article then reviews the common law development of the duty and identifies four distinct contexts in which a fiduciary disclosure duty on the part of directors has been found. The duty appropriately has been most exacting where directors seek stockholder approval in order to validate transactions in which their personal interests conflict with those of the corporation or its stockholders generally. Such a disclosure duty has also increasingly been identified where directors purchase stock from outside stockholders on the basis of information gained through their function as directors. More recently, a fiduciary disclosure duty has been applied where directors seek stockholder action with respect to transactions in which they have no conflicting personal interest. This Article urges that the fiduciary disclosure duty must be more restrained in this disinterested context, and should require proof of negligence, reliance and damages as a predicate to director monetary liability - like the analytically equivalent tort of negligent misrepresentation. Finally, the Article concludes that the question left unresolved in. the recent Kahn opinion - whether directors have a fiduciary disclosure duty when they make statements which do not involve soliciting or recommending stockholder actions should be answered in the negative. Where disinterested directors do not recommend or seek stockholder action, no reliance on superior informational resources is present, and no fiduciary disclosure duty should be found to exist.

Is the Supreme Court Irrelevant--Reflections on the Judicial Role in Environmental Law

Abstract: Federal environmental law is over a quarter century old, dating from the passage of the National Environmental Policy Act (NEPA) in 1969 and the Clean Air Act (CAA)2 in 1970. Since then, the Supreme Court has decided roughly two or three environmental law cases per year-or somewhere between fifty and one hundred cases altogether.3 To assess the Court's relevance, imagine that all those cases were wiped off the books. If the Court had never granted certiorari in a single environmental case, would the Environmental Protection Agency (EPA) or other federal agencies operate any differently? Would firms be subject to different federal regulations? In short, how different would environmental protection be today? The answer, according to my thesis, is \"not much.\" During the past twenty years, the Court's decisions have not substan-

Quasi-Judicial Decision Making and Exclusionary Zoning:

Abstract: The author examines how quasi-judicial zoning requirements affect exclusionary zoning (i.e., land-use controls that exclude the poor and/or minorities from particular jurisdictions). Using a large ...

The Polyphonic Courtroom: Expanding the Possibilities of Judicial Discourse

Abstract: This Article draws upon the ideas of Mikhail Bakhtin to critique judicial discourse as embodied in written opinions Judicial opinions are typically monologues which reject exploration of complex issues of meaning in favor of simply justifying a result Opinions should instead be part of a continuing dialogue whose hallmark is exploration, not simplification - what the Article characterizes as "polyphonic," Polyphonic opinions should embrace dialogue and complexity and recognize the validity of mutliple perspectives This goal can not simply be willed, however, because cognition by necessity simplifies To meet this challenges, the Article concludes with recommendations for "judicial calisthenics," including techniques drawn from social psychology, to promote polyphonic judicial decision-making

The Constitutional Case Law of Japan, 1970 Through 1990

Abstract: A translation of 47 Japanese judicial decisions (mostly Supreme Court cases) selected by Japanese constitutional lawyers and judges with an introduction presenting the historical, sociopolitical, and comparative context relevant the legal and judicial systems in general. Over 20 translators contrib

On the rhetorical analysis of judicial discourse and more: A response to Lewis

Abstract: This essay challenges the view developed in William Lewis’ recent essay on the romantic form of judicial opinions for ignoring the rhetorical constraints that create, sustain, and define discourse communities in law and, by extension, in other specialized fields of inquiry. It suggests that the romantic form in judicial opinions is a strategic response to situational demands, particularly administrative and political demands.

The Antinomy of Coherence and Determinacy

Abstract: Coherence and determinacy are both apparent desiderata for bodies of law and legal systems. Unfortunately, in legal systems of any complexity, increasing the degree of one invariably brings about a lessening of the other. For theories of law - such as Ronald Dworkin's - that emphasize the importance of coherence in judicial reasoning, while requiring as a condition of legitimacy that legal rights pre-exist judicial decisions, this must be an unwelcome fact.

The Transformation of Meaning: Legal Discourse and Canadian Internment Camps

Abstract: This Paper addresses the question as to how legal officials of the Canadian state pictured “persons of the Japanese race” in their internment before, during and after their internment. The legislative and judicial internment and exile of Canadian citizens “of the Japanese race” reads as if the internment and exile is natural, inevitable, and reasonable and that the judicial decisions posed no choice for the judiciary except to support the internment and exile. The role of the judiciary was held out as a matter of sustaining the classification of living beings as “persons of the Japanese race” with all the experienced suffering for the categorized beings. The judiciary’s reaction remains commonly accepted during alleged emergencies amongst the judiciary today. Why did the judiciary and the lawyers performing before the higher courts render their decisions as if they had no choice in the matter? Were the lawyers and judges just plain out-and-out racists whose legal opinions may be discarded as an aberration of rights consciousness? Or was there something special about the legal discourse, independent of race, which rendered the internment and exile on the grounds of race seem natural? These issues, this Paper suggests, concern the more general issue, prominent in contemporary Anglo-American legal philosophy, as to why a law is considered legally obligatory.

College Life in America: Historical Context and Legal Issues.

Abstract: From the era of their founding, American colleges have emphasized the character of college life as an important element in learning. This chapter reviews some elements of the historical roots of student discipline, surveys recent judicial decisions related to disciplinary rules and procedures, and suggests the ways in which different institutions could shape student conduct rules that highlight their distinctive characters.

The decision to self-represent

Abstract: Objective. Since litigants are assumed to place themselves at a legal disadvantage by self-representing, self-representation is traditionally not considered part of an effective legal strategy. The author considers whether it is possible to identify self-representation as part of a sound legal strategy. Methods. Qualitative interviews were conducted with 95 civil appellants in Illinois, Minnesota, and Mississippi. Twenty-three (27 percent) of the interviews involved self-represented appellants and the remaining 72 (73 percent) interviewed litigants were lawyer-represented. Results. The interviews confirm that there was a disjuncture between the litigants' views of the issues in their claim and the lawyers' view of the issue in the litigants' claim. One possible method for litigants to reconcile this disjuncture was through self-representation. Conclusion. While self-representation usually occurs because of the financial burden associated with retaining legal counsel, self-representation might also be pursued by some litigants as part of a legal strategy to force the courts to deal with the issue that the litigants, rather than the legal system, identify as at the heart of their disputes

Calling Off the Lynch Mob: The Corporate Director's Fiduciary Disclosure Duty

Abstract: Culminating in this year's decision in Kahn v Roberts and Arnold v Society for Savings Bancorp, the Delaware Supreme Court has had increasingly frequent occasion to consider the scope of the corporate director's duty of disclosure to stockholders That trend may accelerate even further, as constriction of federal securities law remedies prompts increasing resort to state law theories of recovery for disclosure shortcomings As the Kahn decision illustrates, however, the courts have only begun to illuminate the contours of the director's fiduciary duty of disclosure To some extent, judicial decisions have defined that duty overbroadly, perhaps driven by the moral quality of fiduciary rhetoric To define the director's fiduciary disclosure duty more appropriately, this Article supplies an analytical framework for the further development of this aspect of fiduciary doctrineIn developing this analytical framework, the Article first examines and rejects the claim that the director's fiduciary disclosure duty arises, under Delaware law, from a corporate statute repealed in 1967 The Article then reviews the common law development of the duty and identifies four distinct contexts in which a fiduciary disclosure duty on the part of directors has been found The duty appropriately has been most exacting where directors seek stockholder approval in order to validate transactions in which their personal interests conflict with those of the corporation or its stockholders generally Such a disclosure duty has also increasingly been identified where directors purchase stock from outside stockholders on the basis of information gained through their function as directors More recently, a fiduciary disclosure duty has been applied where directors seek stockholder action with respect to transactions in which they have no conflicting personal interest This Article urges that the fiduciary disclosure duty must be more restrained in this disinterested context, and should require proof of negligence, reliance and damages as a predicate to director monetary liability - like the analytically equivalent tort of negligent misrepresentation Finally, the Article concludes that the question left unresolved in the recent Kahn opinion - whether directors have a fiduciary disclosure duty when they make statements which do not involve soliciting or recommending stockholder actions should be answered in the negative Where disinterested directors do not recommend or seek stockholder action, no reliance on superior informational resources is present, and no fiduciary disclosure duty should be found to exist

Quantitative Analysis of a Judicial Career:A Case Study of Judge John Minor Wisdom

Abstract: A. Z. Handford, a Negro, was tried in the Thomasville Division of the District Court for the Middle District of Georgia on a one-count indictment for illegal possession of nontaxpaid whiskey, in violation of 26 U.S.C. 5008(b)(1) and 5642. He was found guilty and sentenced to two years imprisonment. Appellant specifies as errors: '(1) the evidence does not support the verdict, and the motion for judgment of acquittal should have been granted; (2) because of the prejudicial and inflammatory argument of the district attorney, a new trial should be granted.' The alleged `prejudicial and inflammatory argument' consisted of (a) an appeal to racial prejudice and (b) argument that too many of the prosecutor's friends and friends' children get run over up and down the highways. A United States district attorney carries a double burden. He owes an obligation to the government, just as any attorney owes an obligation to his client, to conduct his case zealously. But he must remember also that he is the representative of a government dedicated to fairness and equal justice to all and, in this respect, he owes a heavy obligation to the accused. Such representation imposes an overriding obligation of fairness so important that Anglo-American criminal law rests on the foundation: better the guilty escape than the innocent suffer. In this case zeal outran fairness. The argument of the United States attorney in the district court was improper, prejudicial, and constituted reversible error.' With these words, released on November 13, 1957, John Minor Wis-, dom began one of America's outstanding judicial careers. Since that time, he has written nearly 1,400 signed, published opinions, published over a span of more than 800 of the 1300 volumes of the Federal Reporter. It is fitting that the first page of his first published opinion sounded themes that have featured prominently in those opinions: fairness, equal justice, and, so often, the problems of race. Judge Wisdom's judicial career now sits in my computer. My computer's hard drive contains every published judicial opinion he has signed, from November 13, 1957 through the end of 1995, along with records of the citations to his opinions by the courts and law review articles. Such a distinguished career is not easily compassed - it consumes about 60 megabytes of memory. But it is all there. Of course, it is not really there. Virtual reality is not reality. My carefully constructed, computerized record of Judge Wisdom's career is a colorless and distorted reflection of the real career, the real judge, and the real man. The career is a model of hard work, intelligence, and courage - in practice, in politics, and on the federal bench. The judge is a Solomon equipped with rigorous analysis, profound scholarship, and sparkling prose. The man, with his kindness, humor, and humanity, is an inspiration. Judge Wisdom and his indispensable partner, Bonnie Wisdom, have been parents, uncle and aunt, grandparents, advisors, and friends to more than ninety law clerks now, including, to my great good fortune, myself. Like them all, I am honored to have known the Wisdoms. My computer knows nothing of these things. But can my computer help us learn anything new and interesting about his real career? I believe it can. This article explores the kinds of questions about judicial careers we can approach by using computer data-bases, with the opinions that make up Judge Wisdom's career as a "case" study. Specifically, I have downloaded full-text versions of all of Judge Wisdom's roughly 1400 reported opinions2 and have searched judicial opinion citators and law review databases for citations to those opinions. I searched the full text opinions for certain trends in his writing; I examined the citations for evidence of his influence. I conclude that these kinds of analyses can tell us some things about judges. The analysis of citations, in particular, has value for indicating the importance of a judge's reported decisions relative to each other and the influence of his opinions over time. …

“It was humiliating actually. I wouldn't go again”: Rent arrears and prossession proceedings in the county court

Abstract: The process of marginalisation within the British housing system has contributed to the rising incidence of housing debt amongst both owner-occupiers and tenants. There are currently over two million households in arrears of payments of rents or mortgages. Increasingly, lenders and landlords are using the judicial system as a central part of arrears management strategies. The paper reports some of the findings from a major study, funded by the Joseph Rowntree Foundation, looking at housing debt, legal proceedings and the threat of eviction. The paper outlines what happens to tenants who are taken to court as a result of rent arrears. Drawing on both qualitative and quantitative survey data, it examine: The study shows that while the causes of debt are similar for owner-occupiers and tenants, the way in which cases are dealt with varies, depending on the tenure of the household. In the vast majority of arrears cases, action to resolve the debt is taken without reference to the judicial system. Informal agreements may be made to repay the arrears or, in the worst-case scenario, properties are voluntarily abandoned. The cases referred to the courts represent only the tip of the iceberg. Yet how the courts deal with such cases is of interest both directly, in terms of the effectiveness of legal action in recovering arrears, and more widely, in terms of the influence judicial decisions have on landlords' and tenants' rent arrears management practices. The picture that emerges from interviews with tenants threatened with eviction is of people, initially fearful, who often end up feeling humiliated, confused and in some cases very unhappy with the experience.

Judicial Ethics: Independence, Impartiality, and Integrity

Abstract: This monograph was written for the Judicial Reform Roundtable II held May 19-22, 1996 in Williamsburg, Virginia. It discusses the need for the rule of law and separation of powers; the need for judicial independence; and judicial responsibility, integrity, and discipline in the United States.