ABA Section of Individual Rights and Responsibilities
Winter 2009 • Vol. 36, No. 1
Judicial Independence: Preserving a Fair and Impartial Judiciary
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Includes Articles on:
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Introduction
Preserving a Fair and Impartial Judiciary
by H. Thomas Wells, Jr.
The protection and advancement of human rights depends on strong, independent judiciaries. As I witnessed firsthand in the South, fair and impartial judges are the ultimate check on powerful individuals and institutions that would undermine individual rights and freedoms. I commend the American Bar Association (ABA) Section of Individual Rights and Responsibilities for publishing this special issue of Human Rights and raising aware-ness of this important topic.
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Articles
The Promise of Neutrality: Reflections on Judicial Independence
by Hon. Margaret H. Marshall
Those who grow up in the United States may take for granted the concept of a just government. In thinking about our structure of government today, we would do well to recall how our government came to be, and why it came to be.
America's Judicial Selection Wars
by Rebecca Love Kourlis
In 2008, nearly $20 million was spent on television advertising for contested elections of twenty-six supreme court seats - an increase of 24 percent over the 2006 election.
Justice is the Business of Government: State and Local Governmental Branch Roles in Delivering Justice
by Edward W. Madeira Jr.
Justice and administration affect all aspects of state and local government. Understanding the respective roles and responsibilities of state and local government and its justice system is critical.
Federal Judicial Independence
by Russell Wheeler
To strenghten national security, the new administration must take action to restore commitment to the constitutional principles that have always made us safe and strong.
Reflections on Judicial Independence in the Criminal Justice System
by Hon. Sheila M. Murphy
Perhaps nowhere is judicial independence more important to constitutional democracy than within the sphere of the criminal justice system.
Striving for the Independence of Native American Tribal Courts
by Kirke Kickingbird
Tribal governments need an appropriate forum to address the conflicts affecting tribal members. Authority has become more con-troversial as tribes have engaged in more extensive use of their authority.
Ensuring Fairness and Due Process for Noncitizens in Immigration Proceedings
by Christopher Nugent
The years of immigration proceedings to remove Ali from the United States are in many ways a case study of the structural and procedural challenges the EOIR faces. Reform is crucial to ensure the protection and expansion of aliens’ due process rights.
Judicial Independence Abroad: The Struggles Continue
The struggle for judicial independence around the globe presents a series of challenges. Human Rights offers two accounts, one from Pakistan and one from Kenya, which reiterate how essential judicial independence is to the foundations of modern societies.
A View from Pakistan
by Hon. Nasira IqbalA View from Kenya
by Hon. Mary A. Ang’awa
Human Rights Hero: Sandra Day O'Connor
by Michael S. Greco and Stephen J. Wermiel
Since leaving the bench in January 2006, Sandra Day O’Connor has been a leading voice for judicial independence and is recognized for her outspoken and strong leadership to preserve judicial independence and to raise public awareness on this important topic.
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About Human Rights Magazine
Published quarterly by ABA Publishing, Human Rights covers a wide range of topics in the human and civil rights arena. While the subscription is free of charge for Section members, individual subscriptions may be purchased for $18 by calling the American Bar Association Service Center at 1-800-285-2221. Additional annual subscriptions for Section members are $3 each.
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