id=1115357); Thomas J. Miles & Cass R. Sunstein, The Real World of Arbitrariness Review, 75 U. CHI. L. REV. (forthcoming 2008); Sunstein et al., supra note 10. 860 BOSTON UNIVERSITY LAW REVIEW [Vol. 88:855 Table 1 Relationship Between Financial Sacrifice and Voting Patterns Controlling for Panel Effects Probit Model Regressors Model(1) Model (2) Model (3) Model (4) dem. judges dem. judges rep. ...

The role of remorse in judicial decisions in the criminal justice system has been addressed in scholarship and remains controversial. The purpose of this qualitative research was to examine the views of sitting criminal judges on remorse, its assessment, and its relevance in their decision-making. After approval of the study design by the institutional review board, 23 judges were interviewed i...

In 2014 we celebrate the 150 anniversary of the Judicial Reform in Russia. The 1860 are known as a time of major reforms in various spheres of life, one of them being the Judicial Reform adopted in 1864. Before 1864 civil procedure was considered to be the classical form of inquisitorial justice with active judges and passive parties. Inquisitorial procedure was a written process conducted in s...

The relationship between de jure and de facto judicial independence is much debated in the literature. Some studies find no relationship between the formal rules governing the structure of the judiciary and its de facto independence. Other studies find a significant correlation between de jure and de facto judicial independence, with one study even touting de jure judicial independence as the m...

How and whether judges should be held accountable is a key issue in the design of a legal system. Thirty-seven of the forty-eight continental states use some method of judicial selection which involves a direct role for citizens in selecting or re-appointing the judiciary. We identify two theoretical reasons why the method used for choosing judges is important – (i) a selection effect if the co...

How do judicial elections affect the propensity of judges to write opinions that are understandable to the public? Drawing on a growing literature that analyzes the content of judicial opinions computationally, I examine the readability of all state supreme court search and seizure decisions from 2000-2010. I assess the hypothesis that, just as judicial elections increase judges’ propensities t...

This article shows that judicial review has a democratic justification, although it is not necessary for democratic government and its virtues are controversial and often speculative. Against critics like Waldron and Bellamy, it shows that judges, no less than legislators, can embody democratic forms of representation, accountability and participation. Hence, judicial review is not undemocratic...