Endnotes and Resources: The Need for Solid Court Leadership

Endnotes

1 See Hoffman, 1995. For a list of states whose constitutions contain open-court requirements modeled on those of the Magna Charta, see Buenger, 2009: 593, n. 91.

2 Opening Session, Fourth National Symposium, October 27, 2010.

3 Brian Z. Tamanaha (2004) observed, "[E]ven as politicians and development specialists are actively promoting the spread of the rule of law to the rest of the world, legal theorists concur about the marked deterioration of the rule of law in the West."

4 Work Group 3 Report, Fourth National Symposium, October 27, 2010.

5 The aggregate nature of judicial power is distinguished from the disaggregate nature of judicial power seen in many other countries. In the U.S., judicial power is not a series of specialized powers but rather integrated into an overarching judicial system. By contrast, judicial power in many other nations is disaggregated into compartmentalized special courts loosely tied together. Interestingly, many of these disaggregated systems, when it comes to the exercise of judicial power, have substantially integrated administrative structures.

6 See, e.g., German Federal Ministry of Justice, Directorate General; India Ministry of Law and Justice, Department of Justice; and Supreme Court of Japan, Judicial Assembly.

7 Working Group 1 Report, Fourth National Symposium, October 27, 2010.

8 Principle 4 asserts that the selection of judicial leadership should be driven primarily by considerations for competence and ability, not seniority or rotation.

9 Working Group 4 Report, Fourth National Symposium, October 27, 2010.

Resources

Buenger, M. L. (2009). "Friction by Design: The Necessary Contest Between State and Judicial Power and Legislative Policymaking," 43 University of Richmond Law Review 571.

Fourth National Symposium on Court Management (2010). www.ncsc.org/4thsymposium

German Federal Ministry of Justice, Directorate General. "Judicial System." www.bmj.bund.de/enid/9ebd79fcf708feba6ecc09447ad60c01,0/aktuelles_13h.html

Hamilton, A. (1788). The Federalist No. 78. www.constitution.org/fed/federa78.htm

Hoffman, J. M. (1995). "By the Course of the Law: The Origins of the Open Courts Clause of State Constitutions," 74 Oregon Law Review 1279.

India Ministry of Law and Justice, Department of Justice. http://lawmin.nic.in/doj/welcome.htm

Merryman, J. H. (1985). The Civil Law Tradition, 2nd ed. Stanford, CA: Stanford University Press.

Supreme Court of Japan, Judicial Assembly. www.courts.go.jp/english/system/system.html#02_2

Tamanaha, B. Z. (2004). On the Rule of Law: History, Politics, Theory. Cambridge: Cambridge University Press.