Past Issues
Index to Volumes 24 through 30
Each issue of The Brief, the Section's quarterly magazine, includes an array of practical articles of interest to plaintiffs' and defense lawyers who practice tort or insurance law. In addition, the popular "Practice TIPS" section provides practical, how-to advice on practice and litigation matters.
Members receive The Brief as part of their membership in the Tort Trial & insurance Practice Section. To find out more about membership and it's benefits, please Click Here!!!
Non members can subscribe for $50.00 per year, $60 foreign. Single copies are $12.00. To subscribe, complete the online order form, or call the ABA Order Fulfillment Department at 800/285-2221.
The Brief
Winter 2008 Vol. 37 No. 2
Article Abstracts
"Don't Blame the Referee"
By Richard W. Morefield Jr.
Preserving a fair and impartial judiciary is not a liberal or conservative issue. The Brief editor-in-chief describes the role the bar can play to defend the judicial branch against unfair attacks.
"Heeding History's Trail of Messages"
By Judge Michael B. Hyman
Ever since Marbury v. Madison, the judiciary’s independence—a misunderstood term that does not refer to independence from accountability and scrutiny—has been a matter of controversy. The legal profession is encouraged to be more active in conveying the reasons for the judiciary’s constitutional and statutory powers. One jurist maintains that an examination of historic and current events can inspire the knowledgeable and engaged public support needed to assure preservation of the neutrality, objectivity, credibility, and detachment essential for a fair and impartial judiciary.
"The Impact of Judicial Selection on an Independent Judiciary"
By Judge Leslie Miller
Judicial campaigns are increasingly politicized, negative, and expensive. Efforts to conduct campaigns based on merit—and to resist the pressures of special interest groups—are difficult to maintain. Thirty-nine states directly elect state judges, and 85 percent have some aspect of elective process. Even in states that employ a merit selection system for judicial appointments, appointed judges face retention in future elections. The author warns that, whichever process is chosen, politicization undermines trust and confidence in the judicial system from a public that needs to be more educated about the judiciary’s role in our democracy.
"To Elect or Not To Elect? That Is the Question"
By Judge Steven L. Smith
Significant variations among state judiciaries prevent creation of a perfect judicial selection system, but one judge proposes some process improvements. A merit-based plan for the appellate courts and nonpartisan elections at the trial court level held at times not associated with party politics could enhance confidence in the system. Stringent reporting requirements similar to those in the Texas Judicial Campaign Fairness Act can alleviate concerns about campaign contributions. Regardless of the selection method, no one is better positioned to uphold judicial independence than members of the bar.
"Not-So-Serious Threats to Judicial Indepencence"
By Judge William H. Pryor Jr.
Even justices of the U.S. Supreme Court have complained about unprecedented attacks on the independence of the federal judiciary, but one federal appellate court judge objects. While agreeing that judicial independence is indispensable to the rule of law, he maintains that recent criticism is relatively mild and, on balance, benefits the judiciary. The lessons of history suggest that judges themselves have the greatest ability to safeguard the judiciary’s independence by respecting the limits of their own authority and acting with restraint.
"Enduring Principles"
By the ABA Commission on the 21st Century Judiciary
Each approach to judicial selection employed over our nation’s history was the product of a different movement to achieve a qualified and independent judiciary to interpret the laws and administer justice. From upholding the rule of law to reflecting the racial diversity of our society and executing their duties in a manner that justifies public faith and confidence, judges should follow key principles on which the nation’s judicial system was based that apply with equal force today.
"Preserving the Judiciary's Institutional Legitimacy"
By the ABA Commission on the 21st Century Judiciary
Because courts are dependent on legislative funding and executive execution of their orders, the judiciary cannot act without the acquiescence of the political branches and the people they represent. Public acceptance of the judiciary’s institutional legitimacy enables the courts to function. Judicial training and evaluation, diversification of the justice system, and the improvement of court-community relationships are among vital initiatives needed to ensure that institutional legitimacy.
"Brown v. Board of Education and Attacks on the Courts"
By Bert Brandenburg
The U.S. Supreme Court’s unanimous 1954 decision in Brown v. Board of Education of Topeka made a historic impact on education, integration, and civil rights but engendered vehement protest. Today, courts are also subject to harsh condemnations and claims of judicial activism for decisions that repudiate entrenched social institutions. The author, writing for the Justice at Stake Campaign, catalogs attacks on the Court in the aftermath of Brown to encourage support for courts when the independence and legitimacy of the judiciary is challenged.
Last Modified on
Thursday, April 10, 2008 12:54 PM
TIPS LEGAL DISCLAIMER --
The materials at this site, including the links to other Web sites, have been provided by the Tort Trial & Insurance Practice Section of the American Bar Association for informational purposes only and do not constitute legal advice, the practice of law, or the endorsement of the content provided by any linked site. Use of this site does not create or constitute, in any way, an attorney-client relationship between the ABA, TIPS, their entities, or any individual members and the viewer of this site. Neither does the ABA, TIPS, their entities, nor any of their members assume any responsibility for any misinterpretation or misapplication of the information contained on this site by the viewer, or of the content of any Web sites linked to this site. Points of view or opinions at this site do not necessarily represent the official policies or positions of the ABA, TIPS, or any of its entities or members. Users of this site should not act upon any information received without seeking the advice of professional legal counsel