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tsuomela : judicial   16

Judge Janice Rogers Brown wants to return to the libertarian legal notions of the 1930s. - Slate Magazine
At the risk of saying it again, whatever the Supreme Court’s decision regarding Obamacare in June, the net effect of the case has been to illustrate how dramatically the nation’s federal courts have shifted to the right. This shift isn’t evident only in terms of the judiciary’s willingness to embrace long-dormant libertarian ideas, but also in its willingness to wholeheartedly adopt the political language and tone in which these ideas are packaged. Liberals who don’t think of the courts as a political issue should read Judge Brown’s concurrence closely, not merely as an example of the ways partisan politics are bleeding into the federal courts, but as a warning about how radically the federal courts are poised to reshape our politics.    
law  legal  supreme-court  libertarian  conservative  republican  judicial 
april 2012 by tsuomela
Lawyer Mind, Judge Mind
"Several recent discussions on a variety of unrelated topics with different people have gotten me thinking about two different attitudes towards dialectical processes. They are generalized versions of the professional attitudes required of lawyers and judges, so I’ll refer to them as lawyer mind and judge mind.

In the specialized context of the law, the dialectical process is structurally constrained and the required attitudes are codified and legally mandated to a certain extent. Lawyers must act as though they were operating from a lawyer-mindset, even if internally they are operating with a judge-mind."
law  mind  habit  professional  thinking  style  dialectic  judicial 
april 2012 by tsuomela
It's Complicated David Souter finally tells Americans to grow up.
Dahlia Lithwick comments on Souter's 2010 commencement speech at Harvard.
But the striking aspect of Souter's remarkable speech is that it rejected virtually all of these easy ideological labels and addressed itself to two much simpler questions: Is the meaning of the Constitution clear? And is the task of divining that meaning easy? These incisive questions themselves beg an even more pressing constitutional question: Why must justices first leave the bench before they can speak seriously about the importance of the court?
supreme-court  law  judicial  judgment  fair-reading  constitution  america 
june 2010 by tsuomela
American Exception - The New York Times
Articles in this series will examine commonplace aspects of the American justice system that are virtually unique in the world.
law  punishment  america  history  justice  judicial 
june 2010 by tsuomela
Judicial Partisanship Awards « The Washington Independent
Cass Sunstein reviews Supreme Court and federal court rulings to observe partisanship.
judicial  partisanship  review  supreme-court  law  court 
march 2010 by tsuomela
Minnesotans for Impartial Courts
Non-profit outgrowth of the Quie Commission -Citizens Commission for the Preservation of an Impartial Judiciary
minnesota  politics  government  state-government  judicial  election  reform  partisanship  impartial 
february 2010 by tsuomela
Judicial Selection in the States
Detailed information on judicial selection processes in all 50 states and reports on the history of judicial selection and reform efforts.
law  judicial  elections  government  state  state-government 
february 2010 by tsuomela
Jurisprudence - Wikipedia, the free encyclopedia
Capsule summaries of natural law, analytic jurisprudence, and normative jurisprudence.
law  theory  judicial  jurisprudence  philosophy  wikipedia 
july 2009 by tsuomela
Tipping Back the Scales - Rachel Morris
Summary of how right-wing judicial activists gained power.
law  conservative  right-wing  court  america  politics  history  judicial 
march 2009 by tsuomela

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