Vol. 42, No. 3: Judicial Independence in a Partisan Nation: Courting or Combating Politicization?

Featured

Courts & Judiciary

Selecting Federal Judges in an Era of Political Polarization

by Russell Wheeler

Increasing contentiousness in the confirmation of federal district and circuit judges, as evidenced by declining confirmation rates and growing lengths of time between nomination and confirmation, is a byproduct of the political polarization that has limited the federal government’s ability to perform basic functions.

Courts & Judiciary

The Politicization of State Courts Threatens Fundamental Rights: The Empirical Case

By David Lyle

State courts play a vital role in our democracy. Recent empirical studies have shown that state court judges today are under terrific pressure to be accountable to political forces rather than the state and federal constitutions and laws.

Courts & Judiciary

Slamming the Courthouse Door

by Scott L. Nelson

Particularly when consumers or employees are up against corporations, the right of access to the courts has not been upheld and given the attention needed from the Supreme Court.

Election

Judges Influenced by Partisan Loyalty in Election Cases

by Joanna Shepherd and Michael S. Kang

The money flooding into state judicial elections pressures judges to favor their own party in deciding election disputes. This trend is a threat to democracy and a warning sign that powerful interest groups may have succeeded in using campaign money to undermine impartial justice.

Courts & Judiciary

Jailing the Poor

by Thomas B. Harvey

Like the cycle of poverty, those who are poor and caught up in the criminal legal system can find it a nearly impossible pattern to break. Often beginning from unpaid fines, jail sentences can grow exponentially for those who don’t have the means to pay fines or seek representation.

Courts & Judiciary

Technology in the Courts: More Questions Than Settled Legal Answers

by Lisa A. Hayes

To understand the issues before them, judges must be somewhat technologically savvy, but there currently exists a distance of use and application and a lack of knowledge of technology among our country’s judges.

Courts & Judiciary

[dis]Respecting the Role of Tribal Courts?

by Stacy L. Leeds

The role of tribal courts continues to be misunderstood and undermined as a serious judicial structure, particularly in cases where a non-Indian is involved.

Courts & Judiciary

Through Rose-Colored Glasses: The Twenty-First Century Juvenile Court

By Stephen J. Wermiel

Throughout history, the severity with which children are punished has varied in the criminal justice system. Currently, there is a commitment to trying children in a separate juvenile justice system instead of with adults, and hopefully this trend continues.

Civil Rights & Constitution

Human Rights Hero: Abner J. Mikva

by Stephen J. Wermiel

Abner J. Mikva, who died last year, was a believer in the courts and in the profound role judges should play. Above all, he said, judges must possess courage, especially to protect rights and serve as a check on government power.

American Bar Association TM American Bar Association

Vol. 42, No. 3: Judicial Independence in a Partisan Nation: Courting or Combating Politicization?

Introduction: The Role of Courts in Our Society

Featured

Selecting Federal Judges in an Era of Political Polarization

The Politicization of State Courts Threatens Fundamental Rights: The Empirical Case

Slamming the Courthouse Door

Judges Influenced by Partisan Loyalty in Election Cases

Jailing the Poor

Technology in the Courts: More Questions Than Settled Legal Answers

[dis]Respecting the Role of Tribal Courts?

Through Rose-Colored Glasses: The Twenty-First Century Juvenile Court

Human Rights Hero: Abner J. Mikva