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. 89, No. 4, January/February

An Earthquake in South Dakota?
A proposed amendment to the South Dakota Constitution that was inspired and promoted by a Californian and that responds to no problem in South Dakota would destroy the partnership between judicial independence and judicial accountability in the state,...
Formation of Commission on Forensic Science and Public Policy Completed
I have very exciting news to report. Formation of the American Judicature Society Commission on Forensic Science and Public Policy has been completed. A roster appears on page 194. When you review the membership, I am confident you will agree that AJS...
How to Defend the Courts
The Justice at Stake Campaign has prepared a handbook outlining communication strategies for those defending the judiciary in the debate over maintaining fair, impartial, and accountable courts. In 2005 a public opinion research firm canvassed Americans'...
Judicial Ideology and the Decision to Publish Voting and Publication Patterns in Ninth Circuit Asylum Cases
Evidence from the Ninth Circuit suggests that some judges may attempt to steer the evolution of precedent by favoring publication of cases that lean in a particular ideological direction. The evidence does not suggest, however, that judges exploit nonpublication...
Law versus Science and the Problem of Eyewitness Identification
Law versus science and the problem of eyewitness identification True Witness: Cops, Courts, Science, and the Battle Against Misidentification, by James M. Doyle. Palgrave MacMillan. 2005. 223 pages. $24.95.The; he haunting nature of Franz. Kafka's The...
Legislating without Deliberation
Lawmakers must employ thorough procedures when legislating changes that may seriously affect individual rights or a co-equal branch.Several years ago, Third Circuit Judge Edward R. Becker trenchantly admonished Congress to improve the quality of its...
Legislative-Judicial Relations on Contested Issues: Taxes and Same-Sex Marriage
The Supreme Judicial Court of Massachusetts (SJC) played an unexpectedly prominent role in the most recent presidential election. In 2003 and 2004 the court issued opinions recognizing the right under the Massachusetts Constitution of same-sex couples...
Policy Statements or Symbolic Politics? Explaining Congressional Court-Limiting Attempts
Despite a historic lack of success, members of Congress, motivated by the desire to express policy preferences and to represent the views of their constituents, continue to introduce bills to reduce or eliminate the power of the federal judiciary.In...
Revolutionary Changes
Revolutionary changes Building the UK's New Supreme Court: National and Comparative Perspectives, edited by Andrew Le Sueur. Oxford University Press. 2004. 376 pages. $90.For a system that revels in tradition, iakes only the smallest incremental changes,...
The Decline and Fall of Legislative History? Patterns of Supreme Court Reliance in the Burger and Rehnquist Eras
Reliance on legislative history in the Court's majority opinions has fallen from nearly 50 percent during the Burger era to less than 30 percent since 1985.The United States Supreme Court's reliance on legislative history to help explain and justify...
What Passes for Justice
What passes for justice Courtroom 302: A Year Behind the Scenes in an American Criminal Courthouse, by Steve Bogira. Alfred A. Knopf. 2005. 416 pages. $25Forget everything you ever learned in school about the criminal justice system. Steve Bogira will...