• Understanding to what extent judicial independence is adhered to in various jurisdictions requires a theoretical framework of what the principle entails. On a preliminary analysis, the principle can be said to require the following: judicial systems must be free, in fact and appearance, from any undue influence that might prevent judges from adjudicating legal disputes solely on the basis of ...

Introduction As software practitioners and researchers, we are part of the group of people who design the software systems that run our world. Our work has made us increasingly aware of the impact of these systems and the responsibility that comes with our role, at a time when information and communication technologies are shaping the future. We struggle to reconcile our concern for planet Eart...

Embryo donation was one of the infertility treatment methods introduced to the Iranian legal system in 2003 (Act of Embryo Donation) and its by-law passed in 2005 after numerous discussions. Embryo donation is a new legal issue in Iran. No similar act has been previously legislated in the legal system; however, on the other hand, the importance of the judicial procedure in its execution cannot ...

The creation of the Court of Appeals for the Federal Circuit is widely regarded as an improvement in the system of patent litigation in the United States. However, there is still support for the creation of a specialized patent court at the trial level. Much of the support for the creation of such a court derives from the argument that most judges have too little experience to be familiar with ...

What limits do judges have when creating specialty courts such as Veterans Treatment Courts (“VTCs”)? Many states have virtually no limits. I argue that states should enact legislation authorizing the creation of VTCs to maintain democratic legitimacy and ensure that the judiciary respects the separation of powers doctrine. VTCs represent an innovative and courageous approach to treat and rehab...

In this paper, I use two new data sets to demonstrate that black federal judges are consistently overturned on appeal more often than white judges. The racial gap is robust and persists after taking into account previous professional and judicial experience, educational backgrounds, qualification ratings assigned by the American Bar Association, and differences in partisanship. This study is th...

While the performance evaluation of judges has become a ubiquitous aspect of modern judicial administration, evaluation mechanisms of are too often utilised uncritically, without reflection on why we evaluate judges, and how ‘measurement’ furthers these objectives. This article provides a conceptual analysis of the role and purpose of performance evaluation, conceiving it as a limited tool of j...

M ost economic theory presumes—often implicitly—a system of law and adjudication. After all, institutions like property, contract, and government regulation typically entail mechanisms for law-creation and lawapplication, which usually (though perhaps not inevitably) imply some kind of judicial system (Posner, 2008, pp. 5–6). Because judges are often responsible for interpreting and enforcing t...

This Article considers whether differences in methods of judicial selection should influence how judges approach statutory interpretation. Courts and scholars have not given this question much sustained attention, but most would probably embrace the “unified model,” according to which appointed judges (such as federal judges) and elected judges (such as many state judges) are supposed to approa...