The Need for a Small Federal Judiciary: Reasons, Arguments, and Refutations

2012 ◽  
pp. 173-206
Author(s):  
William M. Richman ◽  
William L. Reynolds
Keyword(s):  
1989 ◽  
Vol 15 (2-3) ◽  
pp. 222-226
Author(s):  
Jules B. Gerard

The Center for Judicial Studies is the only educational and public policy organization in the United States that focuses exclusively on the problem of judicial activism. It seeks to confine the power of the federal judiciary to the bounds envisioned by the Framers of the Constitution. The Center's brief was signed by fifty-six members of Congress who were concerned that Roe v. Wade “has expanded federal judicial powers into areas that are within the rightful legislative domain of Congress and the states.”


1912 ◽  
Vol 22 (1) ◽  
pp. 67
Author(s):  
P. R. B. ◽  
J. Hampden Dougherty
Keyword(s):  

2021 ◽  
Vol 34 (1) ◽  
pp. 12-22
Author(s):  
Hon. Nancy Gertner ◽  
Dr. Judith Edersheim ◽  
Dr. Robert Kinscherff ◽  
Cassandra Snyder

On the federal level, judicial education in sentencing has been focused primarily on preparing judges to calculate and apply the Federal Sentencing Guidelines. But in an advisory guidelines context, making individualized assessments in drug cases requires education in the science of addictions, the drivers of behavior, and the prospects for behavior change when substances are involved. Neuroscience and the sciences of human behavior provide clarifying insight into substance-driven behaviors and cognitions that are routinely encountered in federal drug cases. These disciplines support individualized sentencing by shedding new light on the nature of inhibitory control, the reasonable expectations for relapse, and the distinctions that can be drawn based on science between different treatment interventions. In this Article, we report on the Workshop on Science-Informed Decision Making, an education initiative in the federal judiciary. Since 2016, it has provided education in neuroscience and behavioral science, as well as skills training in individualizing sentences using insights from that science, to U.S. district judges, magistrate judges, and pretrial services and probation officers in thirty-two federal districts. We describe the case-study-based instructional approach of the workshop, including some of the misconceptions about addiction behavior it addresses, and explain why we believe that this kind of education helps federal judges, and pretrial services and probation officers, craft more responsive sentencing decisions and recommendations.


2017 ◽  
Author(s):  
Kevin C. Walsh

This Article challenges the unquestioned assumption of all contemporary scholars of federal jurisdiction that section 25 of the Judiciary Act of 1789 authorized Supreme Court appellate review of state criminal prosecutions. Section 25 has long been thought to be one of the most important provisions of the most important jurisdictional statute enacted by Congress. The Judiciary Act of 1789 gave concrete institutional shape to a federal judiciary only incompletely defined by Article III. And section 25 supplied a key piece of the structural relationship between the previously existing state court systems and the new federal court system that Congress constructed with the Act. It provided for Supreme Court appellate review of certain state court decisions denying the federal-law-based rights of certain litigants.


2021 ◽  
Vol 9 (4) ◽  
pp. 52
Author(s):  
Alan S. Kaufman

U. S. Supreme Court justices and other federal judges are, effectively, appointed for life, with no built-in check on their cognitive functioning as they approach old age. There is about a century of research on aging and intelligence that shows the vulnerability of processing speed, fluid reasoning, visual-spatial processing, and working memory to normal aging for men and women at all levels of education; even the maintained ability of crystallized knowledge declines in old age. The vulnerable abilities impact a person’s decision-making and problem solving; crystallized knowledge, by contrast, measures a person’s general knowledge. The aging-IQ data provide a rationale for assessing the key cognitive abilities of anyone who is appointed to the federal judiciary. Theories of multiple cognitive abilities and processes, most notably the Cattell-Horn-Carroll (CHC) model, provide a well-researched blueprint for interpreting the plethora of findings from studies of IQ and aging. Sophisticated technical advances in test construction, especially in item-response theory and computerized-adaptive testing, allow for the development of reliable and valid theory-based tests of cognitive functioning. Such assessments promise to be a potentially useful tool for evaluating federal judges to assess the impact of aging on their ability to perform at a level their positions deserve, perhaps to measure their competency to serve the public intelligently. It is proposed that public funding be made available to appoint a panel of experts to develop and validate an array of computerized cognitive tests to identify those justices who are at risk of cognitive impairment.


Author(s):  
Justin Crowe

This concluding chapter synthesizes the book's main findings about the architectonic politics of judicial institution building and contextualizes them within contemporary debates. It also reflects upon the lessons of the more than 200-year historical lineage of the institutional judiciary for our understanding of judicial power in America. More specifically, it considers the place of the federal judiciary in America's past and future in empirical and normative terms, respectively. It argues that both political rhetoric and academic exegesis about the Supreme Court embody a fundamentally incorrect presumption about the judiciary being external to politics, and that such presumption leads to a series of misconceptions about the relationship between judicial power and democratic politics. The chapter offers a conception that not only locates the judicial branch squarely within the political arena but also places substantially greater emphasis on its cooperation rather than conflict with other actors and institutions in that arena.


Sign in / Sign up

Export Citation Format

Share Document