1 IF MEN WERE ANGELS WILLIAM R. CASTO * In The Federalist, James Madison wrote, with characteristic elegance and insight: If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. In framing a government which is to be administered by men over men, the great difficulty lies in this: You must first enable the government to control the governed; and in the next place, oblige it to control itself. A dependence on the people is no doubt the primary control on the government; but experience has taught mankind the necessity of auxiliary precautions. 1 Scott Gerber s A Distinct Judicial Power 2 is a wonderful exploration of one of Madison s auxiliary precautions. Professor Gerber traces the evolution of the concept of separation of powers from Aristotle to the creation of the Federal Constitution. In particular, Professor Gerber considers the idea of a judicial branch of government independent from the other branches. The major part of his analysis carefully explores the development of an independent judiciary in each of the original colonies and states. 3 James Madison surely saw an independent judiciary as one of the auxiliary precautions necessary to control the government s exercise of power, but, to him independence was simply a means to an end. One of the Constitution s primary structural precautions against misuse of government power is the separation of powers. 4 If the judiciary is to operate as an effective check on the legislative and the executive branches, the judici * Paul Whitfield Horn Professor, Texas Tech University. 1. THE FEDERALIST No. 51, at 322 (James Madison) (Clinton Rossiter ed., 1961). 2. SCOTT DOUGLAS GERBER, A DISTINCT JUDICIAL POWER: THE ORIGINS OF AN INDEPENDENT JUDICIARY, (2011). 3. See id. at See id. at
2 664 Harvard Journal of Law & Public Policy [Vol. 35 ary must have some measure of insulation from the enormous power wielded by the other two branches of government. In the book s concluding chapter, Professor Gerber takes up the issue of judicial review and convincingly details the relationship between judicial independence and the power to enforce a constitution by nullifying unconstitutional actions. 5 The power of judicial review is an important aspect of constitutional governance, but our modern preoccupation with this power can obscure other, perhaps more important, benefits of judicial independence. I. AMERICAN PLURALISM Pluralism has been a constant in American history from the seventeenth century to the present. To be sure, many colonies (and later states) strove throughout the eighteenth century to ensure a measure of judicial independence. 6 Nevertheless, other colonies and states made no effort to create structural safeguards that would protect judges from executive and legislative intrusions. 7 During much of North Carolina s colonial existence, there were constant disputes between the royal governor and the general assembly over control of the courts. 8 In reaction to this experience, the North Carolina Constitution of 1776 explicitly provided [t]hat the legislative, executive, and supreme judicial powers of government, ought to be forever separate and distinct from each other. 9 Moreover, the North Carolina Constitution provided specific structural safeguards to assure judicial independence. The judges of the primary courts were to hold their offices during good behavior and to receive adequate salaries during their continuance in office. 10 Notwithstanding this guarantee, the legislature did not always provide an adequate salary. 11 Some leading North Carolina political figures embraced the concept of judicial review and expressly noted the relationship between judicial review and judicial independence. In 1781, 5. See id. at ch See id. at 41, 48 49, 67 (Virginia). 7. See id. at 143, (Connecticut and New Jersey). 8. See id. at Id. at Id. at See id. at
3 No. 2] If Men Were Angels 665 Governor Burke urged that without judicial review civil liberty would be deprived of its surest defences against the most dangerous usurpations, that is the independency of the Judiciary power and its capacity of protecting Individuals from the operation of Laws unconstitutional and tyrannical. 12 Five years later, James Iredell took the same position. 13 New Jersey stands in stark contrast to North Carolina. The New Jersey Constitution of 1776 is a flat rejection of separation of powers. Instead, New Jersey opted for legislative supremacy and made the judiciary dependent upon the legislature. 14 The state did not officially embrace a concept of judicial independence until the Constitution of Connecticut is another colony, then state that displayed little interest in creating a constitutional structure to ensure judicial independence. Indeed, the state had no written constitution until Colonial Connecticut paid no attention to the niceties of separation of powers, 17 and this situation continued in early statehood. Superior judges tenure was subject to annual reappointment by the general assembly. 18 In addition, the courts individual judgments were subject to review by a Supreme Court of Errors consisting of the lieutenant governor and the upper house of the legislature. 19 Finally, an individual judgment also was subject to review through special legislation in the general assembly that could reverse the judgment. 20 Connecticut s rejection of separation of powers and judicial independence was, in significant part, a function of the thoroughgoing Calvinism that predominated among the state s political elite. When James Madison wrote, If angels were to govern men, neither external nor internal controls on govern 12. See id. at See William R. Casto, There Were Great Men Before Agamemnon, 62 VAND. L. REV. 371, (2009). 14. GERBER, supra note 2, at See id. at Id. at 143; see also Wesley W. Horton, Connecticut Constitutional History (August 1988), 17. GERBER, supra note 2, at 150 (quoting ROBERT J. TAYLOR, COLONIAL CON NECTICUT: A HISTORY 39 (1979)). 18. Id. at Id. 20. See id. at
4 666 Harvard Journal of Law & Public Policy [Vol. 35 ment would be necessary, 21 he was writing rhetorically. In contrast, one of the fundamental doctrines of Connecticut s New Divinity Calvinism was that, indeed, angels actually God, himself ruled the entire world, including Connecticut. 22 These Calvinists believed that all human affairs are minutely predestined. Everything, including the state s rulers, was part of God s plan. 23 For example, Oliver Ellsworth, the state s most prominent national politician, believed he had been selected by God to serve in the United States Senate. 24 Given this extreme version of predestination, there was no particular need to guard against government misconduct in Connecticut. In the view of the state s largely Calvinist rulers, it sufficed that Connecticut was governed by righteous rulers. II. JUDICIAL REVIEW Professor Gerber s concluding chapter on the relationship between judicial review and judicial independence is a masterful capstone to his meticulous state by state exploration of judicial independence. He presents a linked triumvirate of separation of powers, judicial review, and judicial independence. The Founders believed that government abuse could be limited by separating the powers of government into three co equal branches and that the judicial branch would curb misconduct by the legislative and the executive branches. 25 An important part of the judiciary s participation in this balance of powers scheme was the power to refuse to give effect to unconstitutional misconduct by the other branches through judicial review. 26 Finally, the power of judicial review would be significantly less effective if the other branches could effectively control the judiciary. 27 Hence arose the need for judicial independence. Some might quibble with particular details of Professor Gerber s concluding analysis. For example, delegates like James 21. THE FEDERALIST NO. 51, supra note 1, at 322 (James Madison). 22 See William Casto, Oliver Ellsworth s Calvinism: A Biographical Essay on Religion and Political Psychology in the Early Republic, 36 J. CHURCH & ST. 507, (1994). 23. See id. 24. See id. at 513, See GERBER, supra note 2, at See id. at See id. at
5 No. 2] If Men Were Angels 667 Madison might have come to the Philadelphia convention with the principal objective of forming a government that would provid[e] more effectually for the security of private rights, 28 but the delegates were unable to attain this objective in the final Constitution recommended to the States. In fact, the original Constitution had little to say about protecting individual rights. Under the system of federalism cobbled together in Philadelphia, the protection of individual rights such as property rights, contract rights, and freedom from physical harm was by and large left to the state governments. 29 Moreover, the original Constitution famously had no Bill of Rights. Even with the addition of the Bill of Rights, it was intended to protect against federal not state misconduct. 30 Undoubtedly, the Framers were deeply interested in protecting individual rights from government power. As Madison explained, the great difficulty lies in this: You must first enable the government to control the governed; and in the next place, oblige it to control itself. 31 The principal objective of the original federal government was to create a strong national government that could deal effectively with national problems like foreign affairs, national security, and foreign commerce. In addition, the federal government was empowered to deal generally with problems of interstate commerce, including uniform national systems of bankruptcy and patent law. 32 The creation of a potentially powerful government created a serious ancillary problem: how to oblige it to control itself. Professor Gerber persuasively points to the triumvirate of separation of powers, judicial review, and judicial independence as one of the Constitution s important auxiliary precautions, to use Madison s words, against government misconduct. In particular, he surely is correct to conclude that as a practical matter, a constitutional structure of judicial independence strengthens the judiciary s practical ability to override legislative and executive decisions. 33 In this regard, judicial inde 28. Id. at See THOMAS B. MCAFEE ET AL., POWERS RESERVED FOR THE PEOPLE AND THE STATES: A HISTORY OF THE NINTH AND TENTH AMENDMENTS (2006). 30. See id. at THE FEDERALIST No. 51, supra note 1, at 322 (James Madison) (emphasis added). 32. U.S. CONST. art. I, See GERBER, supra note 2, at
6 668 Harvard Journal of Law & Public Policy [Vol. 35 pendence is a direct and important buttress to the power of judicial review, but is not always necessary for judicial review. Professor Gerber points out instances of judicial review in states that more or less rejected separation of powers and provided the judiciary with little, if any, structural protections. For example, the Connecticut judges in the Symsbury Case did so. 34 Likewise, in Holmes & Ketcham v. Walton, New Jersey judges did the same. 35 Cases like Symsbury and Walton simply establish that judicial independence is not in all situations an absolute prerequisite for judicial review. At the same time, it cannot be denied that judicial independence facilitates the exercise of judicial review. Moreover, Professor Gerber notes that sophisticated members of the founding generation specifically thought so. 36 Still, the triumvirate of separation of powers, judicial review, and judicial independence cannot standing alone protect any individual rights because these important concepts relate solely to process and are essentially value neutral. These three concepts taken together are entirely silent on the substantive content of individual rights. To take a modern example, if the Constitution enables the President as Commander in Chief to override all the limitations in the Constitution, the courts presumably would never challenge presidential action, no matter how extreme, so long as the president actually approved the action. The president s action simply would not implicate separation of powers and judicial review. The procedural nature of Professor Gerber s triumvirate highlights the significance of the vertical origins of judicial review. A vertical hierarchy of laws tells the judiciary where to find substantive limits on government action. 37 The Framers believed that ultimate sovereignty came from the people. 38 To be sure, exactly who the people were was not entirely clear. Nevertheless, the Framers understood that the Constitution was intended to limit 34. See id. at 340. For judicial independence in Connecticut, see supra notes and accompanying text. 35. See GERBER, supra note 2, at For judicial independence in New Jersey, see supra notes and accompanying text. 36. See GERBER, supra note 2, at Scott D. Gerber, The Political Theory of an Independent Judiciary, 116 YALE L.J. POCKET PART 223, 226 (2007). 38. See MCAFEE, supra note 29, at
7 No. 2] If Men Were Angels 669 government power. 39 Therefore, the substantive constitutional limits that defined individual rights were clear to the judiciary. These limits were literally written into the Constitution. The actual implementation of judicial review requires the judiciary to interpret the Constitution, and this interpretive function lies at the heart of many of today s constitutional controversies. In the founding generation, the problem of constitutional interpretation was not as significant. Everyone knew that the Constitution came from the people, and the members of the judiciary in the founding generation were themselves political leaders of the very group of people who created the Constitution. The judiciary of the founding generation did not face a serious interpretive problem because it felt that it knew what the people intended. III. BEYOND JUDICIAL REVIEW For a number of reasons, many discussions of judicial review unduly exaggerate the power s importance. One reason for this exaggeration stems from a tendency to view twenty first century society particularly political society in terms of conflicts of values and interests. From this viewpoint, the judiciary s in particular the Supreme Court s power resides in its ability to resolve conflicts and impose its judgments upon other governmental units. 40 The structural protections of judicial independence undoubtedly contribute to the judiciary s ability to wield the power of judicial review. But the societal benefits of judicial independence do not flow solely from judicial review. Although Professor Gerber emphasizes the relationship between judicial independence and judicial review in his concluding chapter, he notes that [j]udicial independence is also valuable in noncon 39. Id. 40. Accordingly, the modern paradigms of great judicial opinions are Marbury v. Madison, 5 U.S. (1 Cranch) 137 (1803) and Brown v. Bd. of Educ., 347 U.S. 483 (1954). In the former case, Federalist justices, whose coalition was out of power, tweaked the nose of the dominant coalition led by Thomas Jefferson and reaffirmed the Court s authority to use the power of judicial review to overturn political branch decisions. In the latter case, the Court struck boldly at a national disgrace when the political branches were morally paralyzed. In each of these cases, the Court was in conflict with powerful societal forces and firmly reiterated its constitutional role as a shield against abuses of government power.
8 670 Harvard Journal of Law & Public Policy [Vol. 35 stitutional cases. 41 If the power of judicial review did not exist, independent judges nevertheless would play an important restraining role simply by providing a neutral administration of existing laws. For example, the legislature frames many laws that the executive then administers. This paradigm holds for all criminal laws. In a particular case, the executive branch, acting through prosecutors, might wish to give an expansive interpretation inconsistent with the legislative s general plan. An independent judiciary can more effectively referee the resulting conflict between legislative and executive policy. In addition, and perhaps of greater importance, rule of law is essential to the effective operation of a market economy like the one in the United States. 42 Rule of law requires most participants in the market to believe that laws usually will be enforced on a fair and uniform basis. Thus, the structural protections that contribute to judicial independence foster the market s faith in the judiciary. 43 Many years ago, Chief Justice Taft believed that no single element in our government system has done so much to secure capital for the legitimate development of enterprises throughout the West and South as the existence of federal courts there, with a jurisdiction to hear diverse citizenship cases. 44 Ultimately, the contributions of independent judges to the effective functioning of a market system have proven invaluable. CONCLUSION Although the United States is an overtly pluralistic society, general consensus is nevertheless possible on some issues. Professor Gerber s book describes widespread disagreement over the course of some two centuries that eventually converged into a general consensus that the judicial should be independent of the legislative and the executive. 41. GERBER, supra note 2, at 334 n See Economics and the Rule of Law: Order in the Jungle, ECONOMIST, Mar. 15, 2008, 43. Daniel M. Klerman & Paul G. Mahoney, The Value of Judicial Independence: Evidence from Eighteenth Century England, 7 AM. L. & ECON. REV., Spring 2005, at 1, 2 7 (2005). 44. William Howard Taft, Possible and Needed Reforms in the Administration of Justice in the Federal Courts, 47 A.B.A. REP. 250, 259 (1922).
The Constitution I. Revolution and Independence d II. Articles of Confederation III. Constitutional Convention IV. Constitutional Basics V. Ratification VI. Constitutional Change Revolution and Independence
Separation of Powers with Checks and Balances The accumulation of all powers, legislative, executive and judicia[l] in the same hands, whether of one, a few, or many, and whether hereditary, self appointed,
McCulloch v. Maryland 1819 Appellant: James William McCulloch Appellee: State of Maryland Appellant s Claim: That a Maryland state tax imposed on the Bank of the United States was unconstitutional interference
COLUMBIA LAW SCHOOL PUBLIC LAW & LEGAL THEORY WORKING PAPER GROUP PAPER NUMBER 14-423 THE SECOND COMMERCE CLAUSE PHILIP HAMBURGER NOVEMBER 2014 THE SECOND COMMERCE CLAUSE 2014 Philip Hamburger The Commerce
Crete-Monee Middle School U.S. Constitution Test Study Guide Answers 2010-2011 1. What is the more common name for the first ten amendments to the constitution? Bill of Rights 2. The introduction to the
With Sovereign Reverence Thomas Jefferson Quotes on Religious Liberty Thomas Jefferson is considered one of the greatest champions of religious liberty in American history. He often wrote of its importance
Supreme Court of Florida No. SC04-110 AMENDMENTS TO THE FLORIDA RULES OF WORKERS COMPENSATION PROCEDURE [December 2, 2004] PER CURIAM. The Florida Bar s Workers Compensation Rules Committee has filed its
The codification of criminal law and current questions of prison matters Kondorosi Ferenc Under Secretary of State Ministry of Justice Hungary Criminal law is the branch of law, in which society s expectations
SEC Receivers v. Bankruptcy Trustees: Liquidation by Instinct or Rule Written by: Marcus F. Salitore Jackson Walker LLP; Dallas, Texas email@example.com Civil complaints filed by the Division of Enforcement
E. LACK OF JURISDICTION This is a legal argument of great importance. The Board which is under the control of the DCA, lacks the legal authority to discipline chiropractors. THE BOARD OF CHIROPRACTIC EXAMINERS
FEDERALISM THE SYSTEM OF GOVERNMENT IN THE UNITED STATES In the United States, we are governed by both national and state governments and our rights are protected by state and federal Constitutions. Basically,
The Bill of Rights The Constitution of the United States was written by the delegates to the Constitutional Convention during the summer of 1787. Nine of the 13 states would have to ratify it before it
CHAPTER 16 THE FEDERAL COURTS CHAPTER OUTLINE I. Politics in Action: Appealing to the Supreme Court (pp. 509 510) A. The Supreme Court has considerable power. B. The Supreme Court makes only the tiniest
COMPARATIVE CONSTITUTIONAL REVIEW Tom Ginsburg, University of Chicago Law School July 30, 2008 Constitutional review is the power to examine statutes and government actions for conformity with the constitution.
The Principle of Federalism: How Has The Commerce Clause Mattered? Overview The principle of federalism and the battle between the power of the federal government and state governments has been debated
Academic Standards for Civics and Government June 1, 2009 FINAL Secondary Standards Pennsylvania Department of Education These standards are offered as a voluntary resource for Pennsylvania s schools and
ADMINISTRATIVE ASSESSMENT OF CIVIL PENALTIES AGAINST FEDERAL AGENCIES UNDER THE CLEAN AIR ACT The Clean Air Act authorizes the Environmental Protection Agency administratively to assess civil penalties
Founding Principle: Separation of Powers Day I Warm-up [15 minutes] A. Distribute Handout A: Attitude Inventory and do a think-pair-share. If students wish to change their answers after discussing with
Chapter 6 The Constitution and Business Laws that govern business have their origin in the lawmaking authority granted by the federal constitution. The Constitutional Powers of Government The Constitution
THE ADMINISTRATION OF JUSTICE IN CYPRUS A. GENERAL (i) Historical background The island of Cyprus in the northeastern part of the Mediterranean lies forty miles away from Asia Minor, sixty miles away from
UNITED STATES OF AMERICA FEDERAL TRADE COMMISSION DEPARTMENT OF JUSTICE Washington, DC 20580 Washington, DC 20530 September 20, 1996 The Honorable Thomas A. Edmonds Executive Director Virginia State Bar
Internal Revenue Service Document Request to Department of Defense The Defense Contract Audit Agency is not under a legal obligation, imposed by 26 U.S.C. 7602(a), to comply with an Internal Revenue Service
THE SECOND AMENDMENT AND GUN CONTROL Erwin Chemerinsky * The second amendment case decided this term was District of Columbia v. Heller. 1 Thirty-two years ago the District of Columbia adopted a law prohibiting
michael e. hersher Home Schooling in California The recent decision of the California Court of Appeal in the Rachel L. case set off a storm of protest from the California home school community and drew
DEPARTMENT OF JUSTICE Immigration & Naturalization Service 100 Typical Questions 1. WHAT ARE THE COLORS OF OUR FLAG? 2. HOW MANY STARS ARE THERE IN OUR FLAG? 3. WHAT COLOR ARE THE STARS ON OUR FLAG? 4.
History of the Workers' Compensation Court For the Senate Joint Resolution No. 23 Study Prepared for the Revenue and Transportation Interim Committee by Megan Moore, Legislative Research Analyst Legislative
DRAFT SOCIAL STUDIES American Government/Civics American Government/Civics The government course provides students with a background in the philosophy, functions, and structure of the United States government.
MINNESOTA CIVICS TEST The following 50 questions which serve as the Minnesota's civics test were selected from the 100 questions used for the naturalization test administered by U.S. Citizenship and Immigration
Name Due: Thursday, August 14, 2014 CHAPTER 2: The Constitution CHAPTER OUTLINE I. Politics in Action: Amending the Constitution (pp. 31 32) A. Flag desecration and Gregory Johnson B. A constitution is
ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT By John S. Stolz and John D. Cromie 2001 American Bar Association. Reprinted with permission On October 1, 2000, the United States took a substantial
NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT NO. 10-4345 DOROTHY AVICOLLI, Appellant v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, a/k/a GEICO; ANGELO CARTER; CHARLES CARTER On Appeal
Louisiana Law Review Volume 16 Number 2 The Work of the Louisiana Supreme Court for the 1954-1955 Term February 1956 Constitutional Law - Judicial Review - Legalized Gambling - Louisiana State Racing Commission
Business Law 210: Unit 1 Chapter 1: Introduction to Law and Legal Reasoning Law and the Legal Environment of Business [Professor Scott Bergstedt] Slide #: 1 Slide Title: Slide 1 Business Law 210 [Image
MEMORANDUM TO: JAMES TIERNEY, PROGRAM DIRECTOR FROM: SARAH SPRUCE, PRO BONO ATTORNEY RE: OVERVIEW OF VERMONT YANKEE CASE ENTERGY V. SHUMLIN, ET AL. DATE: AUGUST 12, 2011 I. Introduction In 2002, the current
Academic Standards for June 1, 2009 FINAL Elementary Standards Grades 3-8 Pennsylvania Department of Education These standards are offered as a voluntary resource for Pennsylvania s schools and await action
Constitutional Studies Comprehensive Exam Questions Field 1: American Constitutional Law and Judicial Politics 1. Alexander Bickel argued that judicial review suffers from a counter-majoritarian difficulty
American Foreign Policy and the International Criminal Court Marc Grossman, Under Secretary for Political Affairs Remarks to the Center for Strategic and International Studies Washington, DC May 6, 2002
Charity Governance in Hong Kong: Some Legal Questions Benny Y. T. TAI Associate Professor Faculty of Law University of Hong Kong Legal Questions Definition of Charity: charitable purposes Political Purpose
WORKERS COMPENSATION OPTIONS FOR TRIBES IN WASHINGTON STATE Peter S. Hicks WILLIAMS KASTNER & GIBBS PLLC 2005. ALL RIGHTS RESERVED Peter S. Hicks I. INTRODUCTION. This paper provides an overview of the
Maryland Law Review Volume 72 Issue 4 Article 8 Maryland's Family Division: Sensible Justice for Families and Children Barbara A. Babb Follow this and additional works at: http://digitalcommons.law.umaryland.edu/mlr
HISTORY OF THE CRIMINAL LAW IN NEWFOUNDLAND AND LABRADOR Now it is a terrible business to mark a man out for the vengeance of men. But it is a thing to which a man can grow accustomed, as he can to other
Statement on the Kenya Communications (Broadcasting) Regulations, 2009 February 2010 ARTICLE 19 Free Word Centre 60 Farringdon Road London EC1R 3GA United Kingdom Tel +44 207 324 2500 Fax +44 207 490 0566
RELIGION IN THE PUBLIC SCHOOLS BACKGROUND RELIGIOUS LIBERTY IN AMERICA & OUR PUBLIC SCHOOLS Since its founding in 1913, the Anti-Defamation League (ADL) has been guided by its mandate of combating bigotry,
Perspectives from FSF Scholars May 10, 2013 Vol. 8, No. 13 The Constitutional Foundations of Intellectual Property by Randolph J. May * and Seth L. Cooper ** Introduction Intellectual property (IP) protection
IN THE SUPREME COURT OF THE STATE OF ARIZONA STATE OF ARIZONA EX REL. WILLIAM G. MONTGOMERY, MARICOPA COUNTY ATTORNEY, Petitioner, v. THE HONORABLE HARRIETT CHAVEZ, JUDGE OF THE SUPERIOR COURT OF THE STATE
The 14 th Amendment Never Passed By Moses E. Washington revised on 6/1/2003 Disclaimer The material in this essay is for educational purposes only and not to be construed as legal advice about what you
Council of the European Union Brussels, 12 September 2014 (OR. en) Interinstitutional File: 2013/0409 (COD) 13132/14 NOTE From: To: Presidency DROIPEN 104 COPEN 218 CODEC 1799 Working Party on Substantive
Civil Action No. IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO COLORADO CRIMINAL DEFENSE BAR, a Colorado non-profit corporation; COLORADO CRIMINAL JUSTICE REFORM COALITION, a Colorado
DAPTO HIGH SCHOOL YEAR 11 LEGAL STUDIES Preliminary Mid-Course Examination 2009 General Instructions: Reading time 5 minutes Working time 1 ½ hours Write using blue or black pen Write your Student Number/Name
Courts in the Community Colorado Judicial Branch Office of the State Court Administrator Updated January 2010 Lesson: Objective: Activities: Outcomes: Implications and Impact of Court Decisions Students
Sports Gambling Each year almost $150 million is bet at Nevada Sports books out of a total estimate of $380 billion gambled on sports mostly through untaxed and unregulated offshore bookmakers. The media
GUIDE Guide to the Legal System of the Cayman Islands TABLE OF CONTENTS Preface... 2 Introduction...3 The Cayman Islands Constitution... 3 The Governor......3 The Legislature... 3 The Executive...4 Sources
Speech by SG at University of Pennsylvania Law School *********************************************** Following is the speech by the Solicitor General, Mr Bob Allcock, on Hong Kong's Unique Constitutional
PROTECTING HUMAN RIGHTS IN THE UK THE CONSERVATIVES PROPOSALS FOR CHANGING BRITAIN S HUMAN RIGHTS LAWS HUMAN RIGHTS IN CONTEXT Britain has a long history of protecting human rights at home and standing
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS PROVIDENCE, SC Filed October 12, 2004 SUPERIOR COURT THE BERKSHIRE MUTUAL : INSURANCE CO. : : VS. : : ARKADI MARCHIKOV and : P.C. 00-5284 ALLSTATE INSURANCE
IN THE SUPREME COURT OF FLORIDA CASE NO. SC05-1150 IN RE: PETITION TO AMEND RULE 4-1.5(f) OF THE RULES OF PROFESSIONAL CONDUCT / COMMENTS OF RAQUEL A. RODRIGUEZ, GENERAL COUNSEL TO GOVERNOR JEB BUSH, IN
To elaborate... A monthly column by Marcia J. Oddi Separation of Powers in the County Courthouse A recent story out of Grant County reported: When Grant County, Ind., commissioners were caught snooping
Gay Marriage In many countries around the world have talked about gay marriage a long time, but it is hard to make a decision whether gay marriage should be legal. There are some reasons why some people
California Judges Association OPINION NO. 56 (Issued: August 29, 2006) ETHICAL CONSIDERATIONS WHEN A JUDGE OR A MEMBER OF A JUDGE S FAMILY HAS BEEN ARRESTED OR IS BEING PROSECUTED FOR CRIMINAL ACTIVITY
[J-119-2012] [MO Saylor, J.] IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT HERD CHIROPRACTIC CLINIC, P.C., v. Appellee STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant No. 35 MAP 2012 Appeal
(Slip Opinion) OCTOBER TERM, 2005 1 Syllabus NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus
Insurance and reinsurance litigation e-bulletin 27 October 2011 Supreme Court confirms that pleural plaques are actionable in Scotland In a decision which has important ramifications for the UK insurance
THE SUPREME COURT OF PENNSYLVANIA'S ROLE IN STATUTORY INTERPRETATION: AN EXAMINATION OF YUSSEN, M.D. V. MEDICAL CARE AVAILABILITY & REDUCTION OF ERROR FUND I. INTRODUCTION The Supreme Court of Pennsylvania
The President, the Chief Justice, and the Cherokee Nation OVERVIEW This lesson examines the power of judicial review, its application in the case of Worchester v. Georgia, and legal rights of the Cherokee
Multiple Choice Questions STUDENT STUDY GUIDE CHAPTER TWO 1. A court s application of prior judicial rulings to similar cases is the use of a. Substantive law b. Precedent c. Civil law d. Evidence 2. What
In the Supreme Court of Georgia Decided: May 6, 2013 S13A0079 (A4-003). CITY OF COLUMBUS et al. v. GEORGIA DEPT. OF TRANSPORTATION et al. S13X0080 (X4-004). CBS OUTDOOR, INC. et al. v. CITY OF COLUMBUS.
Pázmány Péter Catholic University Faculty of Law Graduate School Viktor László Bérces dr. QUESTIONS OF THE INTERPRETATION OF THE DEFENCE ROLE WITH ESPECIAL REGARD TO PROCEDDINGS BEFORE THE CRIMINAL COURT
t h e redesigned sat These draft test specifications and sample items and other materials are just that drafts. As such, they will systematically evolve over time. These sample items are meant to illustrate
7034:12/83 AMERICAN BAPTIST POLICY STATEMENT ON CRIMINAL JUSTICE The proper purpose of a criminal justice system is to protect society and individuals, including victims and offenders from seriously harmful
PROCEDURAL PROVISIONS IN NEVADA MEDICAL MALPRACTICE REFORM Carl Tobias* In late July 2002, a special session of the Nevada Legislature passed medical malpractice reform legislation. 1 The expressly-stated
OSCE Office for Democratic Institutions and Human Rights Max Planck Minerva Research Group on Judicial Independence KYIV RECOMMENDATIONS ON JUDICIAL INDEPENDENCE IN EASTERN EUROPE, SOUTH CAUCASUS AND CENTRAL
Full list of mistakes and omissions of the English Version of the Hungarian draft- Constitution This document contains the full list of mistakes and omissions of the draft-constitution English version.
Chapter One: Our Laws Lessons: 1-1 Our Laws & Legal System 1-2 Types of Laws Lesson 1-2 Goals Explain how constitutional, statutory, case and administrative laws are created Explain how to resolve conflicts
The Judiciary Quiz 1) Why did the Framers include life tenure for federal judges? A) To attract candidates for the positions B) To make it more difficult for the president and Congress to agree on good
Academic Standards for Civics and Government Pennsylvania Department of Education 22 Pa. Code, Chapter 4, Appendix C (#006-275) Final Form-Annex A July 18, 2002 XIII. TABLE OF CONTENTS Introduction.. XIV.
Originally published in The Colorado Lawyer, Vol. 28, No. 8, August 1999. The Civil Litigator Proposed Magistrate Rules: Crucial to Civil Litigators Richard P. Holme Under newly proposed rules for state
A PETITION for Enforcement of the Second Amendment to the Constitution of the United States To: John Ashcroft, Attorney General of the United States of America WHEREAS: 1. The Second Amendment to the U.S.
Stern v. Marshall Shaking Bankruptcy Jurisdiction to Its Core? July/August 2011 Benjamin Rosenblum Scott J. Friedman In Stern v. Marshall, 131 S. Ct. 2594 (2011), the estate of Vickie Lynn Marshall, a.k.a.
FAIR, TIMELY, ECONOMICAL JUSTICE ACHIEVING JUSTICE THROUGH EFFECTIVE CASEFLOW MANAGEMENT ACKNOWLEDGEMENT This project was supported by Grant No. 2007-DG-BX-K007 awarded by the Bureau of Justice Assistance.
IN THE CRIMINAL COURT FOR KNOX COUNTY, TENNESSEE DIVISION I STATE OF TENNESSEE ) ) V. ) ) CAPITAL CASE LETALVIS DARNELL COBBINS ) NO. 86216 A LEMARCUS DAVIDSON ) 86216 B GEORGE THOMAS ) 86216 C VANESSA
Queensland WHISTLEBLOWERS PROTECTION ACT 1994 Act No. 68 of 1994 Queensland WHISTLEBLOWERS PROTECTION ACT 1994 Section PART 1 PRELIMINARY TABLE OF PROVISIONS Division 1 Title and commencement Page 1 Short
IN THE MATTER OF A COMPLAINT FILED BY ATLANTIC COUNTY Council on Local Mandates Argued May 5, 2011 Decided June 7, 2011 Written Opinion issued November 16, 2011 Syllabus (This syllabus was prepared for