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Journal articles on the topic 'Associate justices of the supreme court'

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Published: 29 July 2024

Last updated: 31 July 2024

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1

O'Brien, David M. "The Supreme Court: From Warren to Burger to Rehnquist." PS 20, no. 1 (1987): 12–20. http://dx.doi.org/10.1017/s0030826900627479.

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Changes in the composition of the Supreme Court perhaps inevitably invite speculation about whether and how the Court will change, and what direction it will take in the future. The move of William Rehnquist from associate justice to chief justice and the addition of Antonin Scalia certainly alters the chemistry of the Court. These changes may also have a profound impact on the Court's place in American government during the rest of this century.There is no doubt that the Court will change. Differences are already apparent during oral arguments. Rehnquist is sharper, more thoughtful, more commanding and wittier than his predecessor in the center chair. And from the far right of the bench, Scalia almost bubbles over with energy and questions for counsel. No less revealing is that in the week before the start of the 1986–87 term on the first Monday in October, Rehnquist managed to get the justices to dispose of over 1,000 cases (granting 22 and denying or otherwise disposing of the rest). He did so in only two days, whereas it usually took Burger more than twice as long to get through about the same number.

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2

O'Brien, David M. "The Supreme Court: From Warren to Burger to Rehnquist." PS: Political Science & Politics 20, no. 01 (1987): 12–20. http://dx.doi.org/10.1017/s1049096500025610.

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Changes in the composition of the Supreme Court perhaps inevitably invite speculation about whether and how the Court will change, and what direction it will take in the future. The move of William Rehnquist from associate justice to chief justice and the addition of Antonin Scalia certainly alters the chemistry of the Court. These changes may also have a profound impact on the Court's place in American government during the rest of this century.There is no doubt that the Court will change. Differences are already apparent during oral arguments. Rehnquist is sharper, more thoughtful, more commanding and wittier than his predecessor in the center chair. And from the far right of the bench, Scalia almost bubbles over with energy and questions for counsel. No less revealing is that in the week before the start of the 1986–87 term on the first Monday in October, Rehnquist managed to get the justices to dispose of over 1,000 cases (granting 22 and denying or otherwise disposing of the rest). He did so in only two days, whereas it usually took Burger more than twice as long to get through about the same number.

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3

Reynolds, Robert J., Scott J. Kush, Steven M. Day, and Pierre Vachon. "Comparative Mortality and Risk Factors for Death among US Supreme Court Justices (1789-2013)." Journal of Insurance Medicine 45, no. 1 (January 1, 2015): 9–16. http://dx.doi.org/10.17849/0743-6661-45.1.9.

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Objectives To compare the mortality experience of 112 justices of the US Supreme Court with that expected in the general population. To identify variables associated with mortality within this cohort. Background Supreme Court justices are a select occupational cohort. High socio-economic status, advanced education, lifetime appointment, and the healthy worker effect suggest lower mortality. Sedentary work, stress, and a tendency to work beyond typical retirement age may attenuate this. Methods Standardized mortality ratios compare the observed mortality rates of justices with those expected in age- and sex-matched contemporary general populations. Poisson regression analyzes variables associated with mortality within the cohort. Results From 1789 to 2013, 112 justices (108 male) contributed 2,355 person-years of exposure. Mean age (standard deviation) at appointment was 53.1 years (6.7); at retirement 69.7 years (9.9); at death (n = 100) 74.4 years (10.3); and at end of the study for those alive (n = 12) 72.1 years (11.8). Standardized mortality ratios (95% ci) were: overall 0.87 (0.70-1.05); prior to 1950 0.92 (0.61-1.33); and from 1950 to 2013 0.66 (0.42-0.99). Variables in the final Poisson model and their associated mortality rate ratios (95% ci) were: age 1.06 (1.03-1.09); calendar year 0.99 (0.99-1.00); active status 0.41 (0.25-0.68); career length 1.04 (1.01-1.07); and chief justice 1.08 (0.59-1.84). Conclusions Supreme Court mortality was lower than that of the general population in the period from 1950 to the present, but was on par prior to 1950. Increasing age and career length were associated with greater mortality, while active status and later calendar year with lower. These results may add to a body of knowledge that may help to develop or refine models of mortality risk in increasingly aged working populations.

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4

King, Sandra Leigh. "Failure to Launch: How the Delinquent Politics and Policies of the Texas Legislature Have Failed to Remedy Texas’s Antiquated Judicial System and How Voters Have Accepted the Status Quo for Far Too Long." Texas Wesleyan Law Review 16, no. 3 (March 2010): 369–412. http://dx.doi.org/10.37419/twlr.v16.i3.2.

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Several scholars, most notably judges, have called for judicial reform in the selection process of appellate and supreme court justices in Texas. However, not much attention has been placed on the selection process of Texas trial court judges. This Article focuses on the genealogy of district courts in Texas, with an emphasis on Texas's family court system, an area of the law that decides the fate of thousands of children who, for the most part, are unable to speak for themselves and that comprises a majority of civil cases within the state of Texas. As the majority of family court cases are decided by the trial court, judicial review by an appellate or higher court is virtually non-existent. It is therefore necessary to have associate and district court family judges who are educated and adequately staffed to handle the multifarious complex issues involving children and families. It is also vital that citizens better educate themselves about our judicial candidates and the judiciary in general until such time as the Texas legislature gets serious and enacts fundamental change pertaining to the selection of state judges at all levels.

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5

Scheppele, Kim Lane. "Manners of Imagining the real." Law & Social Inquiry 19, no. 04 (1994): 995–1022. http://dx.doi.org/10.1111/j.1747-4469.1994.tb00946.x.

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What counts as evidence? What is accepted as true in court given the evidence admitted? How are subordinated peoples further oppressed in courts because they cannot demonstrate that their experience is fact? Drawing on the confirmation brings for Clarence Thomas as Associate Justice of the Supreme Court and the testimony of Anita Hill in those hearings, the author explores the ways in which representations of sexual violence against women can be seen as not “real.”

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6

Sonia, Sotomayor. "A Conversation with Supreme Court Associate Justice: To Educators: “The work that you do is what prepares children for their futures.”." Council Chronicle 30, no. 3 (March 1, 2021): 6–8. http://dx.doi.org/10.58680/cc202131107.

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NCTE Executive Director Emily Kirkpatrick shared a mid-February Zoom call with Supreme Court Associate Justice Sonia Sotomayor to talk about her books, her approach to writing, her hopes for students and teachers, and what it was like to swear in the first female Vice President of color of this country.

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7

Sargent, Sarah, and James Slater. "Introduction." Denning Law Journal 32, no. 1 (March 31, 2021): 1–2. http://dx.doi.org/10.5750/dlj.v32i1.1921.

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The Denning Law Journal Team is very pleased to bring you the 2020 edition. In a year of unprecedent challenges and changes, we would especially like to extend our thanks to our contributors who have provided an outstanding collection of articles, comments and book reviews. We also note the passing of a distinguished jurist, Ruth Bader Ginsburg, who was an Associate Justice on the United States Supreme Court. She was the second woman to serve on the United States Supreme Court and is noted as a proponent of civil liberties. This edition of the Denning Law Journal is dedicated to Ruth Bader Ginsburg and the legacy of her work in safeguarding and promoting civil liberties.

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8

Hudson, Alexander, and Ivar Alberto Hartmann. "Can you bury ideology? An empirical analysis of the ideal points of the Ministers of Brazil’s Supremo Tribunal Federal." A&C - Revista de Direito Administrativo & Constitucional 17, no. 68 (June 25, 2017): 43–59. http://dx.doi.org/10.21056/aec.v17i68.802.

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Brazil's Supremo Tribunal Federal (STF) is an especially interesting case for scholars with an interest in judicial behavior. The justices of the STF rule in tens of thousands of cases per year, in a great variety of legal disputes. The ideological breakdown of the STF remains puzzling. Observers of the STF find that a single left-right dimension is entirely inadequate to describe the voting coalitions that form in the court. In this paper, we utilize a new dataset covering a representative sample of all cases decided by the STF between 1992 and 2013. The first important finding is that the voting patterns of the STF show that at least four dimensions are necessary to describe the justices' ideal points. We then estimate ideal points for 23 justices on each of four dimensions, and associate these dimensions with the dominant areas of law with which the STF deals. Finally, we seek to use these ideal point estimates to compare the votes of the justices in key cases with their broader voting pattern.

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9

Eboe-Osuji, Chile. "A Tribute To Robert H. Jackson – Recalling America's Contributions To International Criminal Justice." Proceedings of the ASIL Annual Meeting 113 (2019): 355–63. http://dx.doi.org/10.1017/amp.2019.162.

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It is an immense honor to be here. But the honor is special indeed; because it was around this time seventy-four years ago—more precisely on April 13, 1945—that Robert H. Jackson (as an associate justice of the U.S. Supreme Court) addressed this same gathering, in a classic speech titled “Rule of Law Among Nations.”

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10

Whittington, Keith E. "Reconstructing the Federal Judiciary: The Chase Impeachment and the Constitution." Studies in American Political Development 9, no. 1 (1995): 55–116. http://dx.doi.org/10.1017/s0898588x00001176.

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Only the United States supreme court justice has ever been impeached. In January 1804, the House of Representatives began a formal inquiry into the official conduct of Associate Justice Samuel Chase and approved eight articles of impeachment in November of that same year. The Senate held a trial of the justice in February 1805, which concluded with his acquittal on March 1. On the final article of impeachment, Chase escaped removal by four votes.

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11

Koh, Harold Hongju. "Rebalancing the Medical Triad: Justice Blackmun’s Contributions to Law and Medicine." American Journal of Law & Medicine 13, no. 2-3 (1987): 315–34. http://dx.doi.org/10.1017/s0098858800008388.

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The American Society of Law and Medicine has chosen to honor Associate Justice Harry A. Blackmun of the United States Supreme Court with its first Presidents’ Award for Distinguished Contributions to the Fields of Law and Medicine. It is my task to explain why that honor is so richly deserved.To me the answer is simple: as much as any other judge in our Nation's two hundred-year constitutional history, Harry Blackmun has shaped and defined our modern conception of the constitutional right to privacy, as well as our developing notions of the scope and limits of medical privacy. During his twenty-eight years on the federal bench and his seventeen years on the Supreme Court, Justice Blackmun has played a major role in rebalancing what I call “the medical triad” — the triangular relationship among the patient, the doctor and the state, with which this Society's members are so intimately familiar.

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12

Rubio-Marín, Ruth. "“Notorious RBG”: A conversation with United States Supreme Court Justice Ruth Bader Ginsburg." International Journal of Constitutional Law 18, no. 4 (December 1, 2020): 1090–108. http://dx.doi.org/10.1093/icon/moab034.

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Abstract On February 2, 2016, Prof. Ruth Rubio-Marín, Chair of Constitutional and Comparative Public Law at the European University Institute (EUI), interviewed the U.S. Supreme Court Associate Justice Ruth Bader Ginsburg. The interview took place in the framework of the European University Institute’s annual Ursula Hirschmann Lecture, a space dedicated to stimulate research and thinking which links ideas about Europe and the study of gender. Justice Ruth Bader Ginsburg engaged in a conversation that tackled her whole persona, without making rigid divides between the professional and the personal. Deep legal analysis, personal anecdotes, and invaluable advice for future researchers and lawyers intertwine in the interview, which sheds light on important dimensions of equality law.

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13

Hakimi, Jedd. "“Why Are Video Games So Special?”: The Supreme Court and the Case Against Medium Specificity." Games and Culture 15, no. 8 (June 27, 2019): 923–42. http://dx.doi.org/10.1177/1555412019857982.

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The 2011 U.S. Supreme Court case Brown v. Entertainment Merchants Association adjudicated the State of California’s right to regulate the sale of “violent” video games and, in the process, effectively considered how video games should be apprehended as a cultural form under the law. The court’s decision cited the missteps of judicial film censorship in protecting video games as a form of expression under the First Amendment, placing video games into a cultural time line of expressive forms. Some media scholars contest the court’s approach for overvaluing the cultural aspects of video games and neglecting their distinct digital materiality. However, a close reading of the case and the circumstances that led the justices’ opinions helps articulate a crucial critique of overly materialist approaches to video games associated with media archaeology. The case details reflect the inextricability of materiality and experience in considering video games as a form of expression.

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14

Fish, Peter Graham. "Red Jacket Revisited: The Case that Unraveled John J. Parker's Supreme Court Appointment." Law and History Review 5, no. 1 (1987): 51–104. http://dx.doi.org/10.2307/743937.

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Before a gathering of the White House Press corps on March 21, 1930, President Herbert Hoover announced his nomination for Associate Justice of the Supreme Court to fill a vacancy unexpectedly created by the death of Edward T. Sanford. His nominee was forty-four year old native North Carolinian John J. Parker, a member since 1925 of the United States Court of Appeals for the Fourth Circuit. Within days of the nomination organized labor and its allies in Congress and the press unleashed withering attacks on a single judicial opinion authored by Parker. In the process, the priority of issues raised in that case was dramatically inverted. The foremost issue, federal jurisdiction, became subordinated to the scope of an injunctive decree, an issue of secondary importance. Thus, the nominee's three year old opinion in International Union, United Mine Workers of America v. Red Jacket Consolidated Coal and Coke Company became the catalyst for transforming him from relative obscurity into a symbol of anti-labor conservatism.

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15

Dorsen, Norman, and Amelia Ames Newcomb. "John Marshall Harlan II, Associate Justice of the Supreme Court 1955–1971: Remembrances by his Law Clerks." Journal of Supreme Court History 27, no. 2 (July 2002): 138–75. http://dx.doi.org/10.1111/1540-5818.00040.

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16

Dorsen, Norman, and Amelia Ames Newcomb. "John Marshall Harlan II, Associate Justice of the Supreme Court 1955–1971: Remembrances by his Law Clerks." Journal of Supreme Court History 27, no. 2 (2002): 138–75. http://dx.doi.org/10.1353/sch.2002.0013.

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17

Novak, William J. "The Not-So-Strange Birth of the Modern American State: A Comment on James A. Henretta's “Charles Evans Hughes and the Strange Death of Liberal America”." Law and History Review 24, no. 1 (2006): 193–99. http://dx.doi.org/10.1017/s0738248000002315.

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James Henretta's “Charles Evans Hughes and the Strange Death of Liberal America” takes up one of the most interesting and important interpretive questions in the history of American political economy. What explains the dramatic transformation in liberal ideology and governance between 1877 and 1937 that carried the United States from laissez-faire constitutionalism to New Deal statism, from classical liberalism to democratic social-welfarism? That question has preoccupied legions of historians, political-economists, and legal scholars (as well as politicians and ideologues) at least since Hughes himself opened the October 1935 Term of the U.S. Supreme Court in a brand new building and amid a rising chorus of constitutional criticism. Henretta, wisely in my opinion, looks to law, particularly public law, for new insights into that great transformation. But, of course, the challenge in using legal history to answer such a question is the enormous increase in the actual policy output of courts, legislatures, and administrative agencies in this period. Trying to synthesize the complex changes in “law-in-action” in the fiercely contested forums of turn-of-the-century America sometimes seems the historical-sociological equivalent of attempting to empty the sea with a slotted spoon. Like any good social scientist, Henretta responds to the impossibility of surveying the whole by taking a sample. Through a case-study of the ideas, political reforms, and legal opinions of Charles Evans Hughes, particularly as governor of New York and associate and chief justice of the U.S. Supreme Court, Henretta offers us in microcosm the story of the revolution (or rather several revolutions) in modern American governance.

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18

Wang, Haijun. "Practical requirements and institutional changes in the action of the judiciary during the transition period in Russia." Legal Science in China and Russia, no. 4 (September 16, 2021): 118–25. http://dx.doi.org/10.17803/2587-9723.2021.4.118-125.

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. After the collapse of the USSR, Russia entered a new social transition period, and reform in the fi eld of state structures, including the legal system, began. The judicial power plays an important role in the process of legal reform, and is manifested at several levels of the state, society and the individual. Based on the gradual completion of the theoretical and institutional construction of the mechanism of action of the judicial power of the Russian Federation at the beginning of the transition period, the judicial power is gradually being put into practice, but as society develops, the mechanism of action of the judicial power dynamically develops in accordance with practical requirements, including changes in the system of judicial authorities, changes in the mechanism of judicial proceedings, improvement of the mechanism of control and ensuring the mechanism of judicial power, as well as separation of the power of execution of a sentence from the judicial power.In particular, in the system of judicial authorities, due to excessive pressure on the consideration of cases, the institution of justices of the peace, established during the judicial reform of 1864, was restored in order to ease the burden of the federal court and at the same time achieve a quick resolution of disputes between residents; The complete consolidation of the constitutional judicial system led to the gradual establishment of constitutional (statutory) courts of the subjects of the Russian Federation, which would allow improving the foundations of the constitutional judicial system and the constitutional judiciary in Russia; To address the review of judicial practice in cases related to the resolution of disputes on the protection of intellectual rights, the Intellectual Property Rights Court was established, which expanded the requirements of the judiciary in specialized areas; In order to eliminate various differences between the Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation in the interpretation of many laws, the functions of the Supreme Arbitration Court of the Russian Federation were included in the Supreme Court of the Russian Federation.As for the reform of the mechanisms of judicial proceedings, the institution of juries was restored during the judicial reform of 1864 in order to get rid of the institutional abuses associated with the institution of people’s assessors in the USSR; During the period of general social transition and judicial reform in Russia, the change in legal concepts and the requirement of judicial practice led to Russia reviewing and evaluating the institution of judicial precentors and; The principle underlying human rights in the Constitution has brought the role of the judiciary in the fi eld of ensuring and protecting civil rights to a signifi cant one, and the mechanism of administrative action has gradually changed with the adoption and application of the Code of Administrative Procedure of the Russian Federation. In the fi eld of improving the mechanism of control and ensuring the mechanism of judicial power, the judicial power, after judicial reform and institutional construction, achieved a situation of developing independence, a control mechanism was created by a subject consisting of the constitutional court of the Russian Federation, the parliament, the prosecutor’s offi ce, an autonomous body of judges, at the same time, the judicial department under the Supreme Court of the Russian Federation provided for the actions of the judiciary in the transitional period of the Russian Federation.The execution of decisions is the fi nal point of the judicial power, so the issue of the execution of decisions becomes an integral part of the exercise of judicial power in judicial reform, as well as concentrated in civil areas, while a specifi c way of reform is the separation of the power of execution of a sentence from the judicial power. The above will be a manifestation of the institutional transformations of the mechanisms of action of the judiciary to adapt to social development in the transition period. In a special and long process of transition, the judicial power of Russia could achieve useful action, as well as the renewal and transformation of institutions that are formed in practical processes, contributed to the continuous development of the judicial power, while the mechanism of action of the judicial power is continuously being improved.

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19

Bachmid, Fahmi Hafid, and Ahmad Yulianto Ihsan. "POLA DAN MEKANISME PENGISIAN JABATAN HAKIM AGUNG PADA MAHKAMAH AGUNG REPUBLIK INDONESIA MENURUT SISTEM KETATANEGARAAN INDONESIA BERDASARKAN UUD 1945." PALAR | PAKUAN LAW REVIEW 8, no. 1 (March 17, 2022): 374–400. http://dx.doi.org/10.33751/palar.v8i1.4309.

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AbstrakSalah satu cara untuk menjamin independensi lembaga peradilan maupun hakim, UUD 1945 mengatur sedemikian rupa proses dan mekanisme pengisian jabatan hakim agung, yaitu dengan menyerahkan pengusulan calon hakim agung kepada suatu organ konstitusional yang independen yaitu KY yang dibentuk berdasarkan UUD 1945. Latar belakang pemberian kewenangan pengusulan calon hakim agung kepada KY, tidak terlepas dari pengalaman pengangkatan hakim agung sebelum perubahan UUD 1945 berdasarkan Undang-Undang Nomor 14 Tahun 1985 tentang Mahkamah Agung yang menentukan bahwa hakim agung diangkat oleh Presiden selaku Kepala Negara dari calon yang diusulkan oleh DPR yaitu diusulkan masing-masing dua calon untuk satu posisi hakim agung. Mekanisme tersebut dianggap tidak memberi jaminan independensi kepada hakim agung, karena penentuan hakim agung akan sangat ditentukan oleh Presiden dan usul DPR yang kedua-duanya adalah lembaga politik. Perubahan UUD 1945 dimaksudkan, antara lain, memberikan jaminan independensi yang lebih kuat kepada hakim agung, dengan menentukan mekanisme pengusulan hakim agung yang dilakukan oleh suatu lembaga negara yang independen pula, sehingga pengaruh politik dalam proses penentuan hakim agung dapat diminimalisasi. Dalam hal ini, UUD menghendaki adanya peran minimal kekuatan politik dari lembaga politik untuk menentukan hakim agung, agar hakim agung benar-benar independen. Keyword : Pola-Mekanisme Pengisian Jabatan, Hakim Agung, Mahkamah Agung AbstractOne way to guarantee the independence of the judiciary and judges, the 1945 Constitution regulates in such a way the process and mechanism for filling the position of Supreme Court justices, namely by submitting the nomination of candidates for Supreme Court justices to an independent constitutional organ, namely the Judicial Commission established under the 1945 Constitution. candidates for Supreme Court justices to KY, cannot be separated from the experience of appointing Supreme Court justices prior to the amendment to the 1945 Constitution based on Law Number 14 of 1985 concerning the Supreme Court which determines that Supreme Court Justices are appointed by the President as Head of State from the candidates proposed by the DPR, namely those proposed by each two candidates for one position of chief justice. This mechanism is considered not to guarantee the independence of the Supreme Court justices, because the determination of the Supreme Judges will be largely determined by the President and the proposal of the DPR, both of which are political institutions. The amendments to the 1945 Constitution are intended, among other things, to provide a stronger guarantee of independence to the Supreme Court justices, by determining the mechanism for proposing Supreme Court justices which is carried out by an independent state institution as well, so that political influence in the process of determining Supreme Court justices can be minimized. In this case, the Constitution requires a minimal role of political power from political institutions to determine Supreme Court justices, so that Supreme Court justices are truly independent. Keyword : Pattern-Mechanism of Position Filling, Supreme Court Justices, Supreme Court

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20

Satriawan, Iwan, Farid Sufian Shuaib, Tanto Lailam, Rofi Aulia Rahman, and Devi Seviyana. "A Comparison of Appointment of Supreme Court Justices in Indonesia and Malaysia." Journal of Indonesian Legal Studies 7, no. 2 (December 21, 2022): 633–76. http://dx.doi.org/10.15294/jils.v7i2.60862.

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The purpose of the study is to evaluate the model of the appointment of Supreme Court justices in Indonesia and Malaysia and to find out a better model of judicial appointment in producing better quality justices. By using normative and empirical research, it concludes that first, the appointment of Supreme Court justices in Indonesia uses two methods namely career paths and professional paths (non-career paths). This system is built after political reform where one of the agendas is the reform of law enforcement. While the appointment of justices in Malaysia demonstrates the dominance of executive power in the decision to appoint justices who were finally appointed by the Yang Dipertuan Agong. Therefore, there is pressure to make the process of appointing justices more transparent to produce more credible and independent justices. In 2009, the Judicial Appointments Commission was established in Malaysia to ensure an unbiased selection of judicial candidates for the consideration of the Prime Minister. Second, the requirements for selecting Supreme Court justices in Indonesia are more detailed and longer process than in Malaysia because the process of selecting Supreme Court justices is done by the Judicial Commission and there is a confirmation hearings process in the House of Representatives. In fact, the selection process affects the independence, impartiality, and integrity of the Supreme Court justices. Although Malaysia does not have any judicially determining cases on the lack of integrity of Supreme Court Justices, there were allegations of impropriety.

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21

Segal, Jeffrey A. "Separation-of-Powers Games in the Positive Theory of Congress and Courts." American Political Science Review 91, no. 1 (March 1997): 28–44. http://dx.doi.org/10.2307/2952257.

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The hallmark of the new positive theories of the judiciary is that Supreme Court justices will frequently defer to the preferences of Congress when making decisions, particularly in statutory cases in which it is purportedly easy for Congress to reverse the Court. Alternatively, judicial attitudinalists argue that the institutional structures facing the Court allow the justices to vote their sincere policy preferences. This paper compares these sincere and sophisticated models of voting behavior by Supreme Court justices. Using a variety of tests on the votes of Supreme Court justices in statutory cases decided between 1947 and 1992, I find some evidence of sophisticated behavior, but most tests suggest otherwise. Moreover, direct comparisons between the two models unambiguously favor the attitudinal model. I conclude that the justices overwhelmingly engage in rationally sincere behavior.

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22

COLLINS, RONALD K. L. "Books by Supreme Court Justices." Journal of Supreme Court History 38, no. 1 (March 2013): 94–117. http://dx.doi.org/10.1111/j.1540-5818.2013.12006.x.

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23

Collins, Ronald K. L. "Books by Supreme Court Justices." Journal of Supreme Court History 38, no. 1 (2013): 94–117. http://dx.doi.org/10.1353/sch.2013.0028.

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24

Robinson, Greg, and Peter Eisenstadt. "Two Dilemmas: Ralph Bunche and Hugo Black in 1940." Prospects 22 (October 1997): 453–78. http://dx.doi.org/10.1017/s0361233300000193.

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In february 1940, Howard University political scientist Ralph Bunche, acting in his capacity as chief research assistant to Gunnar Myrdal on the Carnegie Corporation's investigation of “the Negro problem” in America that resulted in the epochal study An American Dilemma (1944), interviewed U.S. Supreme Court Associate Justice Hugo Black on the subject of Southern race relations. Bunche included parts of the Black interview in “The Political Status of the Negro,” one of four lengthy manuscript memoranda he wrote for Myrdal's use. Although a few selections from the interview appeared in a condensation of the memorandum that was published posthumously, the full text remained in Bunche's papers and has never before been published. The full text is presented in the Appendix at the end of this essay. The dialogue between Bunche and Black, off the record and extremely candid, is extraordinary for the rare view it provides into the evolving attitudes on racial issues of two central figures in the debate over African-American civil rights during the 1940s and 1950s.

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25

Gray, Thomas R. "Executive Influence on State Supreme Court Justices: Strategic Deference in Reappointment States." Journal of Law, Economics, and Organization 35, no. 2 (May 5, 2019): 422–53. http://dx.doi.org/10.1093/jleo/ewz005.

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Abstract State supreme court justices are often the final arbiters of cases in their jurisdictions. Yet, in states that grant governors the power to selectively reappoint supreme court justices, justices’ independence is limited. These governors are able to monitor justices’ decisions and are empowered to remove justices whose jurisprudence conflicts with the governor’s preferences. This power gives governors substantial influence over judicial decision-making by justices eligible for another term on the bench. I test this proposition on an exhaustive set of state supreme court criminal appeals from 1995 to 2010, and show that votes by justices who need to be reappointed covary with executive preferences, and more than votes by justices ineligible for reappointment. These effects are stable across time within a justice’s term so long as the serving governor may one day be their reappointer. I also show that these shifting individual votes lead to changes in outcomes for defendants.

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26

Segal, Jeffrey A., and Albert D. Cover. "Ideological Values and the Votes of U.S. Supreme Court Justices." American Political Science Review 83, no. 2 (June 1989): 557–65. http://dx.doi.org/10.2307/1962405.

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It is commonly assumed that Supreme Court justices' votes largely reflect their attitudes, values, or personal policy preferences. Nevertheless, this assumption has never been adequately tested with independent measures of the ideological values of justices, that is, measures not taken from their votes on the Court. Using content analytic techniques, we derive independent and reliable measures of the values of all Supreme Court justices from Earl Warren to Anthony Kennedy. These values correlate highly with the votes of the justices, providing strong support for the attitudinal model.

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Pikahulan, Rustam Magun. "DEKADENSI PEMILIHAN HAKIM AGUNG OLEH DPR RI." Bilancia: Jurnal Studi Ilmu Syariah dan Hukum 14, no. 1 (July 5, 2020): 73–104. http://dx.doi.org/10.24239/blc.v14i1.509.

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Abstract: The Plato's conception of the rule of law states that good governance is based on good law. The organization also spreads to the world of Supreme Court justices, the election caused a decadence to the institutional status of the House of Representatives as a people's representative in the government whose implementation was not in line with the decision of the Constitutional Court. Based on the decision of the Constitutional Court No.27/PUU-XI/2013 explains that the House of Representatives no longer has the authority to conduct due diligence and suitability (elect) to prospective Supreme Judges proposed by the Judicial Commission. The House of Representatives can only approve or disapprove candidates for Supreme Court Justices that have been submitted by the Judicial Commission. In addition, the proportion of proposed Supreme Court Justices from the judicial commission to the House of Representatives (DPR) has changed, whereas previously the Judicial Commission had to propose 3 (three) of each vacancy for the Justices, now it is only one of each vacant for Supreme Court Judges. by the Supreme Court. The House of Representatives no longer has the authority to conduct due diligence and suitability (elect) to prospective Supreme Judges proposed by the Judicial Commission. The House of Representatives can only "approve" or "disagree" the Supreme Judge candidates nominated by the Judicial Commission.

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Sano, Sano, Anggawira Anggawira, and Suhandi Cahaya. "Penerapan Sistem Kamar di Mahkamah Agung Republik Indonesia dalam Rangka Meningkatkan Profesionalisme dan Kualitas Putusan para Hakim Agung." Syntax Literate ; Jurnal Ilmiah Indonesia 8, no. 7 (July 25, 2023): 5412–24. http://dx.doi.org/10.36418/syntax-literate.v8i7.13258.

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At the end of December 2016, the Supreme Court (MA) issued Circular Letter (SEMA) No. 4 of 2016 concerning the Implementation of the Formulation of the Results of the 2016 Supreme Court Chamber Plenary Meeting as a Guideline for the Implementation of Duties for the Court. The agreement on the results of the formulation of new plenary legal rules of this chamber has been held every year since 2012, especially judicial technical discussions in handling cases in each chamber of the Supreme Court. So, this Chamber System is based on the specialization of the field of law mastered by each Supreme Court justice. That way, Supreme Court justices can only handle cases according to their expertise. Since the introduction of the chamber system to the Supreme Court, each chamber periodically holds chamber plenary meetings. The plenary meeting of the chamber serves as a forum for the Supreme Court justices to discuss the resolution of legal issues that have not been shared among the Supreme Court justices. The research method used is the normative juridical method, namely research that prioritizes literature data, namely research on secondary data. The secondary data can be primary, secondary or tertiary legal material. This research includes research on positive legal provisions in force in Indonesia relating to the implementation of the chamber system in the Supreme Court of the Republic of Indonesia in order to improve the professionalism and quality of decisions of the Supreme Court justices. Based on the results of the study, the author concludes that the quality of Supreme Court decisions after the implementation of the Chamber System, meaning that the application of the chamber system is regulated by a management to try a case based on the field of case, then the method is tried by a council of judges who have the same field of expertise (one field), both with the case to be tried and in the same field with other members of the magistrate. Thus, the chamber system is a system in which Supreme Court justices with similar expertise (similar competence) are gathered group by group.

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Araujo, Luiz Henrique Diniz. "Constitutional Law Around the Globe: Selection of Justices for the Supreme Court of Canada." A&C - Revista de Direito Administrativo & Constitucional 22, no. 89 (October 25, 2022): 57. http://dx.doi.org/10.21056/aec.v22i89.1655.

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This paper exploring the Selection of Supreme Court Justices in Canada is part of the series “Constitutional Law Around the Globe”. This topic of the series focuses on the “selection of justices in Supreme and Constitutional Courts” in contemporary democracies. First in the row, this paper analyzes the selection of Supreme Court Justices in Canadian Constitutional Law and how transparent and accountable is the process. A final paper will approach the legal systems composing the series in a comparative perspective.

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Ali Murtadho, Nazhif. "Paradigm for the Recruitment of Supreme Court Judges by the House of Representatives is Part of Constitutional Political Intervention." Journal of Law, Politic and Humanities 4, no. 4 (May 20, 2024): 462–80. http://dx.doi.org/10.38035/jlph.v4i4.394.

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The pattern of recruitment of Supreme Court justices which is constitutionally regulated in Article 24A paragraph (3) requires that the nomination of Supreme Court judges is carried out through a nomination mechanism that has been carried out by the Judicial Commission to be approved by the DPR and determined by the President as part of the check and balance concept. However, in such a mechanism it actually confronts a paradigm in which the concept of checks and balances that is presented actually intersects with the concept of independence from the judicial power itself. So by using the literature study or library research method, a conception is obtained that so far the concept of checks and balances has not been placed in the right realm. So that it often creates a problem that intersects one authority with another, including in the realm of the mechanism for the recruitment of Supreme Court justices. So it is important to understand how the conception of Article 24A paragraph (3) is the legal basis for the pattern of recruitment of Supreme Court justices. As well as occupying the concept of the independence of the Judicial Commission in an effort to create accountable supreme justices.

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Klemonski, Daniel G., Oliver K. Natarajan, Samuel H. Studnitzer, and Paul M. Sommers. "Ideological Reversal among Supreme Court Justices." Open Journal of Social Sciences 05, no. 07 (2017): 290–99. http://dx.doi.org/10.4236/jss.2017.57018.

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Hagle, Timothy M. ""Freshman Effects" for Supreme Court Justices." American Journal of Political Science 37, no. 4 (November 1993): 1142. http://dx.doi.org/10.2307/2111547.

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Ching, Miriam. "Extrajudicial Writings of Supreme Court Justices." Journal of Supreme Court History 15, no. 1 (1990): 69–78. http://dx.doi.org/10.1353/sch.1990.0008.

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Lee, Seok-Won. "An Insider’s Response to Racism: Abe Fortas and the Japanese Question during the Asia-Pacific War, 1941–1945." Journal of American-East Asian Relations 28, no. 4 (December 21, 2021): 295–324. http://dx.doi.org/10.1163/18765610-28040001.

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Abstract Abe Fortas (1910–1982) has been best known for service during his legal career as an Associate Justice on the Supreme Court of the United States for four years from 1965 to 1969. His supporters have characterized his life as a lawyer who supported and defended the American Civil Rights Movement during the tumultuous periods of the 1950s and 1960s in the United States. However, observers of his career have paid little attention to the fact that Fortas was one of the few American bureaucrats who took the stand in defense of those of Japanese ancestry in the official hearings in the 1980sinvestigating the internment of Japanese Americans during World War ii. Fortas, as undersecretary in the Department of the Interior from 1942 to 1946, had a close relationship to key U.S. policies dealing with people of Japanese ancestry during the Asia-Pacific War, including the establishment of martial law in Hawai‘i and the ending of the Japanese internment. Fortas’s responses to and critiques of U.S. policy regarding the Japanese American question reveal the intertwined dynamics of how white racism developed and challenges against it at the governmental level.

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Uzquiano, Gabriel. "The Supreme Court and the Supreme Court Justices: A Metaphysical Puzzle." Nous 38, no. 1 (March 2004): 135–53. http://dx.doi.org/10.1111/j.1468-0068.2004.00465.x.

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Miller, Mark C. "Law Clerks and Their Influence at the US Supreme Court: Comments on Recent Works by Peppers and Ward." Law & Social Inquiry 39, no. 03 (2014): 741–57. http://dx.doi.org/10.1111/lsi.12074.

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There has been a fair amount of recent scholarly attention to the role and influence of law clerks at the Supreme Court of the United States. This new wave of systematic research began when Todd C. Peppers (2006) published Courtiers of the Marble Palace: The Rise and Influence of the Supreme Court Law Clerk at almost exactly the same time as Artemus Ward and David L. Weiden's (2006) Sorcerers' Apprentices: 100 Years of Law Clerks at the United States Supreme Court. Then Peppers and Ward (2012) teamed up to produce an edited volume, In Chambers: Stories of Supreme Court Law Clerks and Their Justices, in which each chapter focuses on the relationship of a specific justice and his or her clerks. Together these three works raise interesting questions about how one properly studies the role and power of law clerks at the US Supreme Court. How does one measure the influence of these temporary assistants to the justices? Should sociolegal scholars trust them to help us understand the approaches and behavior of the justices today or in the past or do they have an unrealistic and inflated view of their own contributions? This essay offers a broad overview of what scholars and journalists currently know about the role of clerks at the Supreme Court.

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Hernandez, Hjalmar Punla. "A (FORENSIC) STYLISTIC ANALYSIS OF ADVERBIALS OF ATTITUDE AND EMPHASIS IN SUPREME COURT DECISIONS IN PHILIPPINE ENGLISH." Indonesian Journal of Applied Linguistics 7, no. 2 (September 30, 2017): 217. http://dx.doi.org/10.17509/ijal.v7i2.8354.

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Contemporarily, stylistics today has developed into its multiplicity – one of which is forensic stylistics. Being a powerfully legal written discourse, Supreme Court decisions are a rich corpus in which linguistic vis-a-vis stylistic choices of Court justices could be examined. This study is a humble attempt at stylistically analyzing Supreme Court decisions in Philippine English (PhE) drafted by two Filipino justices. Specifically, it sought to investigate on the classes, placements, and environments of adverbials of attitude and emphasis employed by the two justices, and drew their implications to teaching and learning English for Legal Purposes (ELP). Using McMenamin (2012), Quirk, Greenbaum, Leech, and Svartvik (1985), and Dita’s (2011) frameworks, 54 randomly selected Supreme Court decisions as primary sources of legal language were analyzed. Results are the following. Firstly, the classes of adverbials of attitude in Supreme Court decisions in PhE used by the two judges were the evaluation to the subject of the clause, judgment to the whole clause, and evaluation to an action performed by the subject of the clause, while those adverbials of emphasis were adverbials of conviction and doubt. Secondly, both adverbials they used have placements that were frequently medial and less initial in sentences where they belonged. Thirdly, the two justices put their adverbials within two principal environments, i.e. within functor, and before/after the verb among others. In these regards, legal and stylistic explanations with respect to these recurrent linguistic features in the two justices’ Court decisions were revealed. Implications of the study to ELP are explained. Lastly, trajectories for future (forensic) stylistic analyses have been recommended.

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Paudel, Krishna Prasad. "Knowledge management practices in Nepalese Judiciary: a case of supreme court of Nepal." International Journal of Law and Management 62, no. 5 (June 3, 2020): 495–505. http://dx.doi.org/10.1108/ijlma-01-2020-0016.

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Purpose The purpose of this paper is to investigate the practices of knowledge management (KM) by the Justices and bench officers of Judiciary of Nepal. The aim of this study is to explore the KM practices by the Justices and bench officers of the Supreme Court of Nepal during the process of the decision-making process and Judgmental preparing process. Design/methodology/approach The qualitative design and case study method was applied to this research. The information were collected from the Justices and bench officers of the Supreme Court of Nepal by using an interview of the participants. Findings It was essential to establish the KM in judiciary in the process of case hearing, decision-making and execution process. The KM tool and techniques help to make the employee of judiciary including justices to make a decision faster. It also establishes the values of the KM in judiciary from Judicial and administrative perspectives. Research limitations/implications The study anticipated the participants’ perceptions and practices of KM during the process of case hearing, decision-making and decision execution process of the case. This research was not viewed from the perspectives of judicial administration. The research participants of this study were Justices and bench officers of the Supreme Court of Nepal. So, it reflects the scenario of practices of Supreme court of Nepal. Practical implications This paper provides support for the importance of KM practices and awareness in judiciary to enhance the decision-making process during the case hearing process by the Justices in court. Originality/value This paper tries to establish practical implication along with its importance in Judiciary of Nepal.

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Shafie, Aminath Asfa, and Shamrahayu A. Aziz. "A Comparative Analysis on the Parliament’s Role in the Appointment of Justices to the Supreme Court in the USA and the Maldives." International Journal of Social Sciences and Humanities Invention 6, no. 2 (February 28, 2019): 5282–90. http://dx.doi.org/10.18535/ijsshi/v6i2.04.

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The politics involved in the appointment of Judges to the Supreme Court impacts everyone; the policy making Executive, the lawmaking Legislature and the people who elected the aforementioned two branches of Government. In Maldives, the parliament plays a huge role in the appointment of Justices to the Supreme Court of Maldives. However, the parliamentary procedure in place regarding providing approval to selected candidates to the highest authority in the judiciary of Maldives seems to lack a vital part of any job interview; the assessing of the candidate’s eligibility to take on the responsibilities of the office. Whereas in the United States of America, confirmation hearings are held to not only assess the candidate’s eligibility but also to determine the character of the candidate. The main purpose of this article is to entail the role of the parliament in both jurisdictions in the appointment of Justices to the Supreme Court Therefore, taking a doctrinal approach, this article analyses the constitutional and parliamentary procedures of the United States of America and Maldives regarding the appointment of Justices to the Supreme Court. This article reveals the imperative necessity to reform the constitutional and parliamentary procedures of appointing Justices, to ensure an independent, impartial and effective judiciary in the Maldives.

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Machmudin, Dudu Duswara. "Mengembalikan Kewibawaan Mahkamah Agung Sebagai Peradilan Yang Agung." Jurnal Konstitusi 10, no. 1 (May 20, 2016): 33. http://dx.doi.org/10.31078/jk1012.

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Authority, protection, legal certainty and justice are absolute requirements for a country which is based on law. All judges should endeavor to harmonize justice based on the provisions of law (legal justice), justice based on morality (moral justice) and justice based on the will of the people (social justice). Supreme Court as the highest of all courts in the country should be filled with Justices who act as the reformer of law to realize clean court. The great authorities and duties the justices have require a high degree of responsibility in order that the decisions issued are for the sake of justice and in the Name of God Almighty. This denotes that law enforcement, truth and justice must be accounted for either to human or God. Supreme Court Justices are expected to integrate the three concept of justices in order that harmonization of legal responsibility and social satisfaction which is built on morality based on goodness and badness as the standard can be realized. As the Reformer of law, Supreme Court Justice should be able and have the courage to make breakthrough which is not against the law and social justice and the morality itself.

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Kirby CMG, Michael J. "THE HIGH COURT OF AUSTRALIA AND THE SUPREME COURT OF THE UNITED STATES - A CENTENARY REFLECTION." Denning Law Journal 16, no. 1 (November 23, 2012): 45–78. http://dx.doi.org/10.5750/dlj.v16i1.300.

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In October 2003 in Melbourne, the High Court of Australia celebrated the centenary of its first sitting. According to the Australian Constitution, it is the “Federal Supreme Court” of the Australian Commonwealth.1 Although the Constitution envisaged the establishment of the High Court, the first sitting of the new court did not take place until a statute had provided for the court and the appointment of its first Justices. They took their seats in a ceremony held in the Banco Court in the Supreme Court of Victoria on 6 October 1903. Exactly a century later, the present Justices assembled in the same courtroom for a sitting to mark the first century of the Court.

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Grendstad, Gunnar, William R. Shaffer, and Eric N. Waltenburg. "Revealed Preferences of Norwegian Supreme Court Justices." Tidsskrift for Rettsvitenskap 123, no. 01 (April 9, 2010): 73–101. http://dx.doi.org/10.18261/issn1504-3096-2010-01-02.

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Melusky, Joseph A., and Melvin I. Urofsky. "The Supreme Court Justices: A Biographical Dictionary." Journal of American History 82, no. 4 (March 1996): 1681. http://dx.doi.org/10.2307/2945462.

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Ray, Laura Krugman, Sandra Day O'Connor, H. Alan Day, Dennis J. Hutchinson, David J. Garrow, and Malvina Shanklin Harlan. "Justices at Home: Three Supreme Court Memoirs." Michigan Law Review 101, no. 6 (May 2003): 2103. http://dx.doi.org/10.2307/3595346.

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GLOCK, JUDGE. "The Politics of Disabled Supreme Court Justices." Journal of Supreme Court History 45, no. 2 (July 2020): 151–66. http://dx.doi.org/10.1111/jsch.12239.

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Epstein, Lee, and Eric A. Posner. "Supreme Court Justices’ Loyalty to the President." Journal of Legal Studies 45, no. 2 (June 2016): 401–36. http://dx.doi.org/10.1086/688395.

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Kosma, Montgomery N. "Measuring the Influence of Supreme Court Justices." Journal of Legal Studies 27, no. 2 (June 1998): 333–72. http://dx.doi.org/10.1086/468023.

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EMMERT, CRAIG F., and HENRY R. GLICK. "THE SELECTION OF STATE SUPREME COURT JUSTICES." American Politics Quarterly 16, no. 4 (October 1988): 445–65. http://dx.doi.org/10.1177/004478088016004003.

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Dorsen, Norman. "The selection of U.S. Supreme Court justices." International Journal of Constitutional Law 4, no. 4 (October 1, 2006): 652–63. http://dx.doi.org/10.1093/icon/mol028.

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Glock, Judge. "The Politics of Disabled Supreme Court Justices." Journal of Supreme Court History 45, no. 2 (2020): 151–66. http://dx.doi.org/10.1353/sch.2020.0012.

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