Judicature

A forum for fact and opinion relating to all aspects of the administration of justice and its improvement. Contains articles, news, and letters related to legal field.

Articles from Vol. 87, No. 6, May/June

A Culture of Caring
A culture of caring Judging in a Therapeutic Key: Therapeutic Jurisprudence and the Courts, edited by Bruce J. Winick and David B. Wexler. Carolina Academic Press. 2003. 352 pages. $45.A judge and a group of social scientists were discussing how to improve...
California Adopts "Plain-English" Civil Jury Instructions
California has entered a new era of "plain-English" civil jury instructions. Culminating a six-year effort by a jury instruction task force, the judicial Council of California adopted plain-English instructions and a new Rule of Court declaring them...
Capital Jurors as the Litmus Test of Community CONSCIENCE FOR THE JUVENILE DEATH PENALTY
This fall, the United States Supreme Court will consider the constitutionality of the juvenile death penalty in Simmons v. Roper.1 The Eighth Amendment issue before the Court in Simmons will be whether the juvenile death penalty accords with the conscience...
Interviewing Judicial Applicants: A Critical Nominating Commission Function
Judicial nominating commission interviews provide an important opportunity to assess applicants for the bench, but the process must be fair and impartial.Since its founding in 1913, AJS has searched for ways to minimize partisan (or interest group) politics...
Is an Independent Judiciary Necessary for Democracy?
A multi-nation study found a significant relationship between judicial independence and political rights.Though often taken as axiomatic, there has been surprisingly little systematic analysis of the hypoth esis that a functioning independent judiciary...
Planning for the Future
AJS is strategically planning for the next three to five years. So, it is a time to look back over the past three years, when our last strategic plan was in effect, as well as forwards. I write to share some of my observations, point out the major issues,...
The Good News in Republican Party of Minnesota V. White
The White decision does not affect code restrictions that apply outside the context of judicial campaigns.In Republican Party of Minnesota v. WhUe, 536 U.S. 765 (2002), the United States Supreme Court held by a vote of 5 to 4 that a state cannot, consistent...
The Rule of Law and Human Rights
An examination of 154 developing and transitional countries indicates the importance of law and judicial independence in securing a variety of human rights.Human rights advocates, legal scholars, and politicians have posited that the primacy of the law...