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Judicial Independence at the Crossroads


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Table of Contents

Reconsidering Judicial Independence Introduction - Stephen B. Burbank, Barry Friedman & Deborah Goldberg Reconsidering Judicial Independence - Stephen B. Burbank & Barry Friedman The Meaning of Judicial Independence: Theoretical Dimensions Is Judicial Independence a Useful Concept? - Lewis A. Kornhauser Independence as a Governance Mechanism - Edward Rubin Theory and Evidence Does Judicial Independence Exist? The Lessons of Social Science Research - Terri Jennings Peretti Judicial Independence: How Can You Tell It When You See It? And, Who Cares? - Charles M. Cameron Behavioral Factors Affecting Judicial Independence - Charles H. Franklin Customary Independence - Charles Gardner Geyh Comparative Dimensions Selecting Selection Systems - Lee Epstein, Jack Knight & Olga Shvetsova Declarations of Independence - Kim Lane Schepple Appendix: Conference Participants Index About the Editors About the Contributors Appendix A: Conference Participants

About the Author

Stephen B. Burbank is the David Berger Professor for the Administration of Justice at the University of Pennsylvania. A graduate of Harvard College and Harvard Law School, Professor Burbank served as law clerk to Justice Robert Braucher of the Supreme Judicial Court of Massachusetts and to Chief Justice Warren Burger. He was General Counsel of the University of Pennsylvania from 1975 to 1980. Professor Burbank is the author of numerous articles on federal court rulemaking, complex litigation, international civil litigation and judicial independence and accountability. He was the principal author of Rule 11 in Transition: The Report of the Third Circuit Task Force on Federal Rule of Civil Procedure 11 (American Judicature Society 1989) and a principal author of the Report of the National Commission on Judicial Discipline and Removal (1993). Professor Burbank is a member of the Executive Committee of the American Judicature Society, for which he also serves on the editorial committee, as chair of the amicus committee, and as co-chair of the Center for Judicial Independence Task Force. He has served as a Visiting Professor at the law schools of Goethe University (Frankfurt, Germany), Harvard University, the University of Michigan, and the University of Pavia (Italy). Barry Friedman (A.B. 1978, University of Chicago; J.D. 1982, Georgetown University) is a Professor of Law at New York University School of Law, where he writes and teaches in the areas of constitutional law, federal jurisdiction, and criminal procedure. His areas of specialty are judicial review and federalism. His most recent project has been an extended political history of judicial review. From there he is turning to a project discussing the difficulty with modeling judicial review; this project delves deeply into the empirical and game theoretic literature on the subject. Professor Friedman also practices law, both privately and pro bono, and has litigated in all levels of the state and federal courts, including on issues of judicial independence and federalism. He has testified before Congress on the same subjects. He speaks regularly at judicial conferences, at academic gatherings, and before other groups. Friedman is completing a term of over eight years as an officer and executive committee member of the American Judicature Society. He remains the co-chair of AJS' Task Force on Judicial Independence.


" The authors provide an excellent examination of judicial independence that tends to raise more questions than answers...a fascinating book that raises important questions about a concept that is often used, but that is poorly understood... I would highly recommend this book for all scholars of public law because of its richness of information as well as how the essays call into question the common assumptions about what judicial independence is and how it can be protected"

-- The Law and Politics Book Review

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