Judicial cosmopolitan authority

The Chief Justice’s Special Authority and the Norms of Judicial Power

This Essay explores an incongruity in the allocation and exercise of two different kinds of judicial discretion held by the Chief Justice of the United States. The paradigmatic type of discretionary authority that Article III judges (including the Chief Justice) possess is expressed through the mode of adjudication, and as such is constrained in important ways by procedural forms that accompany...

To Say What the Law Is: Judicial Authority in a Political Context

Cosmopolitan Respect and Patriotic Concern

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‘Belonging’ in the cosmopolitan imaginary

In the 1990s, much discourse both in and about global civil society was beset by a false opposition. On the one side was the utopia of cosmopolitan liberalism. On the other was the specter of reactionary nationalism or fundamentalism. And, of course, in a variety of settings, some national and some diasporically transnational, the value loading was reversed: fundamentalist or national utopia, t...

Judicial Elections and Judicial Independence: The Voter's Perspective

The relationship between judicial elections and judicial independence is receiving considerable scrutiny today. This article examines the impact of elections on judicial independence from the perspective of voters, since it is voters’ choices that ultimately determine the electoral fates of incumbent judges. The research on voting in judicial elections helps in understanding the circumstances t...