No. 1539825 (Dec. 18, 2009), http://papers.ssrn.com/ sol3/papers.cfm?abstract_id=1539825. 11. Seth S. Andersen, Judicial Retention Evaluation Programs, 34 LOY. L.A. L. REV. 1375 (2001). The State of Utah has recently introduced several innovations to its judicial performance evaluation program. Since the 1960s, such programs have been used in a growing number of states to inform decisions about...

judge Richard Posner's well-known view is that constitutional theory is useless. And judge J Harvie Wilkinson III has lambasted constitutional theory for the way in which its "cosmic" aspirations threaten democratic self-governance. Many other judges hold similar views. And yet both Posner and Wilkinson-in the papular press, in law review articles, and in books-have advocated what appear to be ...

This article contains a selection of advice on how to improve the judicial selection system. The article explains that reconsideration of the judicial appointive systems must include both the broadly theoretical and the intensely practical. It should identify the key questions that must be addressed in creating a system of judicial appointment, elaborate and defend the principles that should gu...

The study sought to explore the experiences and involvement of the judicial team in the processes for the rehabilitation of forensic psychiatric patients in Zimbabwe. An exploratory qualitative design was used utilizing the Charmaz grounded theory approach. Findings reflected that the engagement of the judiciary is at variance with what will enable patient recovery; instead, its engagement is p...

To say that positive political theory (PPT) scholarship on the hierarchy of justice is theory rich and data poor is to make a rather uncontroversial claim. For over a decade now, scholars have offered intriguing theoretical accounts aimed at understanding why lower courts defy (comply with) higher courts. But only rarely do they subject the accounts to rigorous empirical interrogation. The chie...

area display a striking variety. Ignoring many important differences among Western countries, Soviet orthodoxy reduces the variation to a crude dichotomy between "capitalist" and "socialist" political systems. Taking the United States as a paradigm, it indicts "capitalist" states as the home of malpractice suits and (so far as I know) completely disregards statutory schemes for review of compla...