Tag: Judicial Independence

The Limits of Advocacy

Amanda Frost - America University Washington College of Law

Party control over case presentation is regularly cited as a defining characteristic of the American adversarial system. Accordingly, American judges are strongly discouraged from engaging in so-called “issue creation”—that is, raising legal claims and arguments that have been overlooked or ignored by the parties—on the ground that doing so is… Read More »

Diversity, Tenure, and Dissent

Joanna M. Shepherd - Emory Law School

The primary goal of the Duke Law Journal’s Symposium on Evaluating Judging, Judges, and Judicial Institutions was to bring together judges and academics researching judges. Conversations between these groups can be constructive on both sides. Judges may benefit from learning about studies that show the influences on judicial performance or… Read More »

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 »