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  Your location: AJS Main Site :: AJS Editorials

AJS Editorials Home

Summary

The following is an index of recent AJS editorials on topics of interest to AJS members. Editorials are prepared by a standing committee of the American Judicature Society. Topics proposed by the committee are approved by the Society's Executive Committee.


AJS EDITORIAL

A closer look at mandatory arbitration for consumers
Lack of real agreement, the unfairness of the repeat player effect, and the harm secret decisions are doing to our public justice system in mandatory arbitration for consumers have given traditional (i.e., business-to-business) ADR a bad name.
Posted 4/28/2008
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Saving the Missouri Plan
By removing the organized bar from the process of selecting nominating commissioners and vesting that authority in the political branches, opponents of current merit selection systems hope to gain a political advantage in the ultimate selection of judges.
Posted 2/25/2008
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Questions for the candidates
Starting with the presidential primaries, we encourage AJS members, the media, and the candidates themselves to discuss and debate matters concerning the administration of justice that we believe should be central to our national political discourse: access to justice, federalism, judicial selection, sentencing policy, and the Department of Justice.
Posted 12/12/2007
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Restore habeas review for Guantanamo prisoners
The sorry history of confinement of foreign nationals at Guantanamo Bay for more than five years has had serious adverse consequences for our country.
Posted 8/24/2007
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Putting Justice back in the Department
The Attorney General and his subordinates recklessly undermined trust in the fair administration of justice, and we cannot afford the loss.
Posted 6/23/2007
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Fixing White
The federal courts should stop dismissing the states' concerns about judicial independence and start helping them interpret the First Amendment in a way that gives due deference to the interests of candidates, voters, litigants, and the public, and that does not corrupt the concept of judicial accountability.
Posted 4/19/2007
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The war on courts and other wars
Recent attempts to hold courts, judges and judicial aspirants "accountable" and to strip courts of jurisdiction to decide certain types of cases reflect a view of judges as policy agents serving a temporary majority, and a similar attempt to insulate that majority from both the past and the future.
Posted 2/28/2007
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Steps forward, steps back on judicial ethics
The proposed revisions to the ABA Model Code of Judicial Conduct go far toward ensuring public confidence in the judiciary, but some rules need to go further.
Posted 12/29/2006
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Politics and progress in federal judicial accountability
The federal judiciary has acted on three fronts in ways that should go far to meet congressional concerns which, although legitimate, prompted some of the rhetoric and threats of unilateral legislative action that we have deplored in recent years.
Posted 10/28/2006
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A fresh look at judicial impairment
It is time to recognize that judges face the same challenges to their physical, mental, and emotional health as do other members of society, and that their unique position in society renders the provision of assistance in meeting those challenges critically important.
Posted 8/30/2006
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The empirical turn in legal education
The turn to empirical methods in legal scholarship and teaching augurs an improvement in the way lawyers, judges, and legislators approach legal and policy questions.
Posted 6/22/2006
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Systemic flaws in our criminal justice system
Reforms that have been implemented or suggested in recent years in the death penalty context reveal systemic flaws in the criminal justice system.
Posted 4/27/2006
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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, fundamentally alter its form of government, and leave its citizens without the protections that independent courts have provided since 1889.
Posted 2/24/2006
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An unprecedented budget crisis
Underfunding of the federal courts may well affect the balance of power among the government's three branches.
Posted 12/31/2005
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The erosion of the Great Writ
The Streamlined Procedures Act, now before Congress, is the latest attempt in an ongoing effort to cripple federal habeas jurisdiction.
Posted 10/31/2005
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Judicial accountabilty
Recent proposals regarding state and federal judges serve to remind us that, although judicial accountability is essential to the preservation of judicial independence, heavy-handed programs implemented under the banner of "accountability" are the enemy of the kind of independence that we should want in our judges.
Posted 8/23/2005
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Listening to Judge Lefkow
Public officials should exercise leadership by forswearing harsh and irresponsible rhetoric when discussing judges and court decisions and by unambiguously denouncing such rhetoric from others.
Posted 6/26/2005
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Sentencing reform in the wake of Booker
Both judges and members of Congress should react cautiously to the new sentencing landscape after Booker.
Posted 4/20/2005
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Ensuring adequate funding for the courts
To gain the necessary resources to fulfill its responsibilities, the judiciary must establish credibility with other branches of government and develop a broad base of support in the community.
Posted 2/23/2005
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The judicial independence and accountability task force
AJS' watchdog seeks to maintain the delicate balance between independence and accountability which permits our system of justice to function effectively.
Posted 12/26/2004
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With unseemly speed
H.R. 4571 is an effort to effect back-door "tort reform" that slights separation of powers and federalism values without either a reliable demonstration of need or a thoughtful consideration of alternatives.
Posted 11/12/2004
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The security of our liberty
Judges, legislators, administrators and citizens must be as vigilant in guarding against the urge to slight liberty as we are in our struggle to thwart terrorists.
Posted 8/25/2004
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Interviewing judicial applicants: a critical nominating commission function
Judicial nominating commission interviews provide an important opportunity to assess applicants for the bench, but the process must be fair and impartial.
Posted 6/25/2004
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Leave no innocent behind
If we are to be faithful to our constitutional heritage, we must make every reasonable effort to correct and prevent the grave injustice of convicting the innocent
Posted 2/21/2004
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The need for hortatory standards of judicial conduct
The ABA Model Code of Judicial Conduct should not be relegated to the role of providing penal regulations. Its primary task is to remind judges of the ethical foundations of their role in a free society.
Posted 12/26/2003
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The media and jury deliberations: education or invasion?
Educating the public about the jury is a goal worth pursuing, but there are dangers in taking the media inside the deliberation room to achieve that goal.
Posted 10/25/2003
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Comity in federal judicial selection
Fixing the sorry state of federal judicial selection will require compromises that lead to institutional changes.
Posted 9/1/2003
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Three branches, not two: Congress should reconsider recent assaults
Recently enacted legislation that will severely limit the ability of federal judges to depart downward from the sentencing guidelines in some cases is a big step in the wrong direction, exceeded in its lack of respect for the judiciary only by a House investigation of an individual federal judge's sentencing practices.
Posted 6/27/2003
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Safeguarding human genetic privacy
Advances in genetics have raised a host of ethical, social, and legal issues that require thoughtful deliberation and legislation, not litigation.
Posted 3/1/2003
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The public's role in judicial discipline
The diverse backgrounds of public members of judicial discipline commissions provide an indispensable "reasonable person" perspective when considering a judge's conduct.
Posted 11/1/2002
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Restoring confidence in the criminal justice system
Through its planned national conference on preventing the conviction of innocent persons, AJS hopes to help restore public trust and confidence in the criminal justice system.
Posted 9/1/2002
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Judicial independence at the crossroads
Organizations like AJS should broaden their horizons, sponsoring and reporting interdisciplinary research that explores the complex web of formal and informal, structural and personal, legal and political relationships and incentives that combine to determine the independence (and accountability) of a judiciary.
Posted 7/30/2002
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Cameras, the courts, and the public
Allowing public access to court proceedings by means of television and the internet promotes public understanding of, and involvement in, the judicial process.
Posted 7/1/2002
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Eavesdropping on the adversary system
Unwise and unwarranted monitoring of privileged conversations strikes a blow to the Bill of Rights.
Posted 5/30/2002
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Judges, ideology, and accountability
As painful as they may be to politicians, transparency and accountability are necessary to informed public debate and responsible public policy concerning federal judicial selection.
Posted 5/30/2002
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The case for saving SJI
The State Justice Institute is a responsible and effective organization working to improve the state courts.
Posted 5/30/2002
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Preserving liberty when the nation is at war
Openness and idealism are the basis of America's strength; we must not purchase today's peace of mind by abandoning the liberty of our future.
Posted 4/30/2002
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Time for the AJS Jury Center
The nation needs a jury center, and AJS is the organization to step up and make it a reality.
Posted 4/30/2002
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Strengthening the court-legislature relationship
To promote sound public policy, judges and lawmakers must bridge their communication gap.
Posted 1/30/2002
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Courts and the self-represented—the road ahead
States have stepped up efforts to assist the self-represented, but important issues still need to be addressed.
Posted 1/30/2002
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Clinton's legacy or Bork's?
We may be at a crossroads in federal judicial selection, with a choice between political responsiveness and political paralysis.
Posted 1/30/2002
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Economic independence for federal judges
Recently proposed federal legislation focuses attention on the importance of economic independence to judicial independence.
Posted 1/30/2002
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What judicial candidates can say
Judicial candidates can campaign in a way that allows voters to obtain relevant information but does not compromise the integrity of judicial decision making.
Posted 1/30/2002
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Jury improvement, not reform
The evidence that the jury system generally works well is clear, but efforts to make it work even better are needed.
Posted 1/30/2002
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Eliminating unnecessary delays in filling federal judicial vacancies
The executive branch and the Senate must act to resolve what has become a crisis in democratic government.
Posted 1/30/2002
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The media, the courts, and the public
Good reporting about our system of justice can help overcome a crisis of public trust and confidence.
Posted 1/30/2002
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A rush to judgment
Crossing the line between fair and unfair criticism of judges and their decisions.
Posted 1/30/2002
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Courts and the self-represented
Courts should adopt programs and policies that facilitate the litigation process for those who are not represented by a lawyer.
Posted 1/30/2002
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