Definitions of Judicial Independence

Bandes, Susan SBANDES at
Fri Feb 23 12:49:07 PST 2007

You might also find useful the papers from an excellent symposium Case Western Reserve Law School held last winter. The papers are in Volume 56 No. 4 of their law review, which is just out. The symposium is entitled "Judicial Independence and Judicial Accountability: Searching for the Right Balance," and includes papers by Charles Geyh, Bill Marshall, Mark Tushnet, Jonathan Entin & Erik Jensen, Mark C. Miller, Robert Strassfeld, Lisa Kloppenberg and Ronald Kahn, with replies by me, Melvyn Durchslag and Michelle Slack.  
Susan Bandes
Susan Bandes
Distinguished Research Professor
DePaul University College of Law
25 E. Jackson Blvd.
Chicago, IL 60604
(312) 362 6946
(312) 362 5448 (fax)
sbandes at


From: conlawprof-bounces at on behalf of Pam Karlan
Sent: Fri 2/23/2007 2:02 PM
To: rjlipkin at; CONLAWPROF at
Subject: Re: Definitions of Judicial Independence

Dear Bobby,

        I would hardly claim my own stuff to be canonical, seminal, or anything of the kind, but I have a piece a couple of years back, Two Concepts of Judicial Independence, 72 So. Cal. L. Rev. 535 (1999), that goes through a taxonomy of types of judicial independence that includes the examples you give.  And I've got an updated version of the argument in a forthcoming Georgetown L.J. symposium that I'd be pleased to email anyone who's interested.


Pamela S. Karlan
Kenneth and Harle Montgomery Professor of Public Interest Law
Co-Director, Stanford Law School Supreme Court Litigation Clinic
Stanford Law School
559 Nathan Abbott Way
Stanford, CA 94305-8610
karlan at
650.725.4851 (phone)
650.725.0253 (fax)

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