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Katzmann, Robert A.
"No Court Is an Island."
The Journal of Appellate Practice and Process 8, No. 1: 115 (Spring 2006).
The author explains the efficiency of the appellate courts cannot be observed outside of the context of complex interactions among all branches of government. Katzmann describes the relationships among the executive, legislative, and judicial branches, and how actions in one branch can impact the efficiencies in the others, especially the federal appellate courts.
Hall, Daniel J.,Robert W. Tobin, Kenneth G. Pankey, Jr.
"Balancing Judicial Independence and Fiscal Accountability in Times of Economic Crisis."
Judges` Journal (Summer 2004).
In times of fiscal crisis, the inherent tension among the branches becomes even more pronounced as the executive and legislative branches prune judicial budgets as they see fit.
Rogers, James R., and Georg Vanberg.
"Judicial Advisory Opinions and Legislative Outcomes in Comparative Perspective."
American Journal of Political Science 46: 379 (2002).
This scholarly paper discusses the impacts of the judicial veto on the policy-making process, judicial review on the policy-making process, and judicial review as it applies to state legislatures. The article includes an appendix analyzing the most likely outcomes of various situations between state legislatures and judiciaries.
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California State Courts Office of Governmental Affairs.
The mission of the Office of Governmental Affairs is to promote and maintain effective relations with the legislative...and executive branches of government and to present the Judicial Council's recommendations on legislative matters affecting the courts pursuant to constitutional mandate.
Hennepin County, Minnesota, Judicial Ride-Along Protocol.
This three-page paper describes the program in Minnesota that allows attorneys and law students to accompany assigned judges in order to observe how a judge performs his or her duties.
Ramsey County, Minnesota, Judicial Ride-Along Program Application Form.
This application form is for a "Ride Along" program with state and district judges that is similar to the programs in Hennepin County, Minnesota and Sheboygan County, Wisconsin.
Moyer, Thomas.
Judicial Review: Safeguard of Life, Liberty and Happiness.
Fifth Annual Robert E. Henderson Constitution Day Lecture (September 2003).
This speech explains the historical and legal contexts concerning the creation of the United States Constitution.
Yulico, Nick.
"Legislators Learn About Court System in Day on the Bench."
Metropolitan News Enterprise: 5 (December 2001).
Analogous to the "Ride Along" programs of several jurisdictions, this program in California allows state legislators to "sit on the bench" for a day in order to gain a new perspective into the functions of the California judiciary. This short article provides a personal experience sitting on the bench.
Position Paper on Effective Judicial Governance and Accountability.
Conference of State Court Administrators (December 2001).
This eleven-page paper briefly "discuses how the judiciary can work to promote effective judicial governance by defining a sweeping vision of what it means to be an accountable court system, and then convincing its partners in government that attainment of that vision is viable only if the courts have substantial freedom to manage their own affairs."
Vanberg, Georg.
"Legislative-Judicial Relations: A Game-Theoretic Approach to Constitutional Review."
American Journal of Political Science 45: 346 (April 2001).
This sixteen-page article presents "a simple game-theoretic model that provides a unified account of the multi-faceted interactions between such courts and the legislatures they are, at least in part, intended to control." The article also discusses the importance of public confidence and transparency as necessary qualifiers to establishing a powerful judiciary. The author uses supranational European court systems as examples in the article.
An Independent Judiciary: Report of the Commission on Separation of Powers and Judicial Independence: Executive Summary .
American Bar Association (1997).
This report addresses the need for Congress to establish a permanent commission called the National Commission on the Federal Courts. The underlying problem is the fact that the federal legislature and the federal judiciary do not communicate effectively. This short articles includes several recommendations to facilitate more productive dialogue between the legislative branch and the federal judiciary.
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Pak, Mihui.
"The Counter-Majoritarian Difficulty in Focus: Judicial Review of Initiatives."
Columbia Journal of Law and Social Problems 32, no. 3: 237 (1999).
Abstract: “The status of judicial review in the American political system has been subject to debate since the early days of the Republic. Judicial review of voter-enacted initiatives sharpens that debate since initiatives are thought to be the direct voice of the people. Currently, courts do not apply a clear standard of review when hearing challenged initiatives. This article argues that the judiciary should compensate for the lack of deliberation in the initiative process. Therefore, this article proposes that reviewing courts should assess voter knowledge of the initiative, construe the initiative narrowly, and apply strict scrutiny. Given studies that show people do not vote, are uninformed, and miscast their votes, this proposal is justified since judges seem better situated to evaluate challenged initiatives.” (K3 C6)
Final Report and Recommendations.
Madison, WI: State Bar of Wisconsin (June 1997).
This commission report includes information and recommendations to improve the relationships among the varying branches of the state government. The report includes three recommendations concerning interbranch relations, five recommendations on court-community collaboration, five recommendations on court accountability, seven recommendations on funding, and one recommendation on the implementation. (KFW2910 .S72 1997)
Walters, Jonathan, ed.
Building the American Community: What Works, What Doesn`t.
Washington, DC: National Academy of Public Administration. (1995).
This fifty-five page study discusses the benefits and disadvantages of both top-down organizations and bottom-up organizations and how these organizations can help cities and localities deal with issues that are almost too large for them to handle. (HT123 .N38)
Watts, Vivian E.
Guide to the Criminal Justice System for General Government Elected Officials.
Washington, DC: U.S. Advisory Commission on Intergovernmental Relations (1993).
This informational guide provides facts and statistics on federal, state, and county jails. Information includes educational breakdowns of inmates, socioeconomic characteristics of inmates, the growth of prison populations, and the necessary funding to maintain a safe, protective jail. (HV9950 .W37)
Watts, Vivian E.
The Role of General Government Elected Officials in Criminal Justice.
Washington, DC: U.S. Advisory Commission on Intergovernmental Relations (1993).
This two hundred sixteen-page study "examines the intergovernmental, policy, funding, and management issues facing general elected officials in dealing with the effects of explosive growth in the criminal justice system." (HV9469 .R65 1993)
Katzmann, Robert A.
Judges and Legislators: Towards Institutional Comity.
Washington, DC: Brookings Institution (1988).
This scholarly book contains nine various articles on the relationship between judiciaries and legislatures. The articles are entitled "The Underlying Concern," "The Federalist Number 86: On Relations between the Judiciary and Congress," "Judges and Legislators in the New Federal System, 1789-1800," "A Judicious Legislator's Lexicon to the Federal Judiciary," "What Judges Ought to Know about Lawmaking in Congress," "Observations of a State Court Judge," "Judicial-Legislative Relations in England," "Summary of Proceedings," and "The Continuing Challenge." (KF4565 .A75 J83 1988)
Baar, Carl.
Separate but Subservient: Court Budgeting in the American States.
Lexington, MA: Lexington Books (1975).
This two hundred and ten page book discusses the relationship between state legislatures and state judiciaries. The topics analyzed in the book include the budget processes of the states; the relationship between the executive and legislative branches in the budget process; trends and comparisons of state-local funding; the separation of powers; internal judicial budget processes; and four recommendations. (KF8732.5 .Z95 B3)
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