Tag: Separation of Powers

Judicial Independence in Excess: Reviving the Judicial Duty of the Supreme Court

Paul D. Carrington & Roger C. Cramton

In 2006, Justices Sandra Day O’Connor and Stephen Breyer initiated a campaign to elevate public concern for the independence of our judiciary.  They were of course correct that judicial independence is indispensable to public trust in the integrity of our government.  Judges must be required and helped to maintain personal… Read More »

Ending the Endogeneity of Earmark Rules

Rebecca Kysar - Brooklyn Law School

For centuries, livestock owners have marked their animals by clipping their ears.  Paradoxically, the term we give to special interest provisions—”earmarks”—conflicts with its origins in this agrarian practice.  Far from revealing ownership, earmarks actually conceal their supporters and beneficiaries.  Undetected, these provisions are less costly because they face less opposition… Read More »