Internalizing Contestation in Process-Based Judicial Review

Judicial Review Before Marbury

While scholars have long probed the original understanding of judicial review and the early judicial review case law, this Article presents a study of the judicial review case law in the United States before Marbury v. Madison that is dramatically more complete than prior work and that challenges previous scholarship on the original understanding of judicial review on the two most critical dime...

Comparative Reasoning and Judicial Review

Essay Psychodynamics of the Judicial Process

In this essay, Sahand Shaibani employs a Freudian psychoanalytic approach to discuss the influence of irrational and emotive forces in the American judicial process. He argues that the adversarial legal process serves the important psychological function of sublimating aggression, and that trial courts present a forum for the recreation of the Oedipal triangle, wherein the judge is unconsciousl...

The Nature of the Judicial Process

hat is the judicial process? Kantorowicz (Rechtswissenschaft and Soziologie, p.5) tells us that according to popular conception in Germany, it consists, or ought to consist, in dropping an appropriate section of a statute into a hopper, turning the crank and pulling out the correct decision at the bottom. Doubtless the current American belief is very similar, except that we are likely to credit...

Contestation, confusion and corruption: Market-based land reform in Zambia