Judicial Independence at the Crossroads: An Interdisciplinary Approach


Edited by: Stephen B. Burbank & Barry Friedman

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  • Appendix: Conference Participants

    On March 31-April 1, 2001, the American Judicature Society and the Brennan Center for Justice at NYU School of Law cosponsored a conference entitled Judicial Independence at the Crossroads: Developing an Interdisciplinary Research Agenda. The chapters in this volume emerged from the conference. Participants are listed below, with their affiliations at the time of the conference.

    Professor Lawrence Baum

    Department of Political Science

    Ohio State University

    Professor Jenna Bednar

    Center for Political Studies

    University of Michigan

    Professor Robert G. Boatright

    Department of Political Science

    Swarthmore College

    Professor Stephen B. Burbank

    University of Pennsylvania School of Law

    Professor Gregory Caldeira

    Department of Political Science

    Ohio State University

    Professor Charles M. Cameron

    Department of Political Science

    Columbia University

    Professor Oscar Chase

    New York University School of Law

    Professor Lee Epstein

    Department of Political Science

    Washington University

    Dr. Kevin M. Esterling

    University of California, Berkeley

    School of Public Health

    Professor William E. Forbath

    University of Texas School of Law

    Professor Charles H. Franklin

    Department of Political Science

    University of Wisconsin-Madison

    Professor Barry Friedman

    New York University School of Law

    Professor Tracey E. George

    University of Missouri School of Law

    Professor Charles Gardner Geyh

    Indiana University School of Law

    Deborah Goldberg

    Brennan Center for Justice

    at New York University School of Law

    Professor Mark A. Graber

    Department of Government and Politics

    University of Maryland-College Park

    Edward Hartnett

    Visiting Professor of Law

    University of Pennsylvania School of Law

    Professor Geoffrey Hazard

    University of Pennsylvania School of Law

    Professor Deborah R. Hensler

    Stanford University School of Law

    Professor Gary King

    Department of Government

    Center for Basic Research in the Social Sciences

    Harvard University

    Joel F. Knutson

    American Judicature Society

    Professor Lewis Kornhauser

    New York University School of Law

    Mark Kozlowski

    Brennan Center for Justice

    at New York University School of Law

    Professor Terri Peretti

    Department of Political Science

    Santa Clara University

    Hon. Louis H. Pollak

    United States District Court

    Eastern District of Pennsylvania

    Malia Reddick

    American Judicature Society

    Professor Gerald N. Rosenberg

    Northwestern University School of Law

    Professor William G. Ross

    Cumberland School of Law

    Professor Edward Rubin

    University of Pennsylvania School of Law

    Professor Philippe Sands

    University of London (School of Oriental and African Studies) and

    New York University School of Law

    Professor Kim Lane Scheppele

    University of Pennsylvania School of Law

    Professor Jeffrey Segal

    Department of Political Science

    SUNY at Stony Brook

    Professor Louis Michael Seidman

    Georgetown University Law Center

    Allan D. Sobel

    American Judicature Society

    Professor Pablo T. Spiller

    Haas School of Business

    University of California, Berkeley

    Professor Emerson Tiller, II

    Department of Management Science and Information Systems

    University of Texas

    About the Editors

    Stephen B. Burbank is the David Berger Professor for the Administration of Justice at the University of Pennsylvania. A graduate of Harvard College and Harvard Law School, he served as law clerk to Justice Robert Braucher of the Supreme Judicial Court of Massachusetts and to Chief Justice Warren Burger. He was General Counsel of the University of Pennsylvania from 1975 to 1980. Professor Burbank is the author of numerous articles on federal court rulemaking, complex litigation, international civil litigation, and judicial independence and accountability. He was the principal author of Rule 11 in Transition: The Report of the Third Circuit Task Force on Federal Rule of Civil Procedure 11 (1989) and a principal author of the Report of the National Commission on Judicial Discipline and Removal (1993). Professor Burbank is a member of the Executive Committee of the American Judicature Society, for which he also serves on the editorial committee, as chair of the amicus committee, and as cochair of the Center for Judicial Independence Task Force. He has served as a Visiting Professor at the law schools of Goethe University (Frankfurt, Germany), Harvard University, the University of Michigan, and the University of Pavia (Italy).

    Barry Friedman (A.B. 1978, University of Chicago; J.D. 1982, Georgetown University) is Professor of Law at New York University School of Law, where he writes and teaches in the areas of constitutional law, federal jurisdiction, and criminal procedure. His areas of specialty are judicial review and federalism. His most recent project has been an extended political history of judicial review. From there he is turning to a project discussing the difficulty with modeling judicial review; this project delves deeply into the empirical and game theoretic literature on the subject. Professor Friedman also practices law, both privately and pro bono, and has litigated in all levels of the state and federal courts, including on issues of judicial independence and federalism. He has testified before Congress on the same subjects. He speaks regularly at judicial conferences, at academic gatherings, and before other groups. Friedman is completing a term of more than eight years as an officer and executive committee member of the American Judicature Society. He remains the cochair of AJS Task Force on Judicial Independence.

    About the Contributors

    Charles M. Cameron is Associate Professor of Political Science at Columbia University. He has been a National Fellow at the Hoover Institution and a Research Fellow at the Brookings Institution. He is the author of Veto Bargaining: Presidents and the Politics of Negative Power (2000) as well as many articles in journals of political science, economics, and law.

    Lee Epstein (http://artsci.wustl.edu~polisci/epstein/) is the Edward Mallinckrodt Distinguished University Professor of Political Science and Professor of Law at Washington University. Recent and current research projects include The Norm of Consensus on the Supreme Court (coauthored with Jeff Segal and Harold Spaeth, forthcoming), which considers whether justices serving on Supreme Courts of the 19th (and into the 20th) century disagreed over the outcomes of cases but masked their disagreement from the public by producing consensual opinions; Strategic Defiance of the U.S. Supreme Court (with Segal and Charles Cameron), which seeks to address the question of why lower courts defy (or comply with) precedent established by the Court; and What Role do Constitutional Courts Play in the Establishment and Maintenance of Democratic Systems of Government? (with Jack Knight and Olga Shvetsova, forthcoming), which answers the primary question via a model that assumes strategic behavior on the part of the relevant actors (including judges, executives, and legislatures) and assesses the predictions generated by the model against data drawn from Russia. She also is working on a paper (with Gary King) that adapts the rules of inference used in the natural, physical, and social sciences to the special needs, theories, and data in legal scholarship, and explicates them with extensive illustrations from research in the law reviews.

    Charles H. Franklin is Professor of Political Science and a faculty affiliate of the Institute for Legal Studies at the University of Wisconsin, Madison. His research on courts has focused on how the U.S. Supreme Court affects public opinion and how public awareness of Court decisions is shaped. He is also current president of the Society for Political Methodology and the American Political Science Association's Political Methodology Organized Section.

    Charles Gardner Geyh (pronounced “Jay”) (J.D. 1983, University of Wisconsin) is Professor of Law at the Indiana University School of Law in Bloomington. He is the Reporter for the American Bar Association Commission on the Public Financing of Judicial Elections and a consultant to the Parliamentary Development Project on Judicial Independence and Administration for the Supreme Rada of Ukraine. He formerly served as Director of the American Judicature Society Center for Judicial Independence; Reporter to the ABA Commission on Separation of Powers and Judicial Independence; task force reporter to the Constitution Project's Citizens for Independent Courts initiative; assistant special counsel to the Pennsylvania House of Representatives on the impeachment and removal of Pennsylvania Supreme Court Justice Rolf Larsen; consultant to the National Commission on Judicial Discipline & Removal; legislative liaison to the Federal Courts Study Committee; and as counsel to the U.S. House of Representatives Committee on the Judiciary. His work on judicial independence and accountability has appeared in books, reports, and articles published by the New York University Law Review, the University of Pennsylvania Law Review, the Georgetown Law Journal, and other law reviews.

    Deborah Goldberg (Ph.D. 1980, The Johns Hopkins University; J.D. 1986, Harvard Law School) is the Deputy Director of the Democracy Program at the Brennan Center for Justice at NYU School of Law. She oversees the Center's Judicial Independence Project, which employs scholarship, legal action, and public education in efforts to protect judges and the judiciary from politically motivated attacks, to ensure that federal and state judicial selection processes do not interfere with independent judicial decision making, and to defeat improper attempts to constrict judicial power. Ms. Goldberg is the editor and principal author of Writing Reform: A Guide to Drafting State & Local Campaign Finance Laws. She provides legal counseling and legislative drafting assistance to advocates seeking to improve state judicial campaign financing and has testified before the ABA Commission on the Public Financing of Judicial Elections. She taught ethics and political philosophy for three years at Columbia University before entering law school.

    Jack Knight is the Sidney W. Souers Professor of Government and Chair of the Department of Political Science at Washington University in St. Louis. He has a B.A. and a J.D. from the University of North Carolina at Chapel Hill, and a M.A. and Ph.D. from the University of Chicago. His primary areas of interest are modern social and political theory, law and legal theory, political economy, philosophy of social science. His publications include Institutions and Social Conflict (1992), Explaining Social Institutions (with Itai Sened, 1995), and The Choices Justices Make (with Lee Epstein, 1998), as well as articles and chapters in various journals and edited volumes.

    Lewis A. Kornhauser (J.D., Ph.D. University of California, Berkeley) is an economist and Alfred and Gail Engelberg Professor of Law at New York University. His work includes extensive economic modeling of judicial behavior, including: Adjudication by a Resource Constrained Team: Hierarchy and Precedent in a Judicial System, 68 S. Cal. L. Rev. 1605 (1995); An Economic Perspective on Stare Decisis, 65 Chi.-Kent L. Rev. 63 (1989); Modeling Collegial Courts I: Path Dependence, 12 Int'l Rev. L. & Econ. 169 (1992); Modeling Collegial Courts II: Legal Doctrine, 8 J.L. Econ. & Org. 441 (1992).

    Terri Jennings Peretti received her undergraduate degree in political science from the University of Kansas and her M.A. and Ph.D. in political science from the University of California, Berkeley. She has taught American politics, constitutional law, and judicial process at Santa Clara University for 12 years. Her publications, most recently In Defense of a Political Court, focus on judicial review and judicial selection.

    Edward L. Rubin is Professor of Law at the University of Pennsylvania Law School. Rubin received his undergraduate degree from the Princeton University and then worked for the New York City Board of Education as a curriculum planner. He attended Yale Law School, where he was Note and Comment Editor of the Yale Law Journal, and graduated in 1979. After clerking for Judge Jon O. Newman, United States Court of Appeals for the Second Circuit, he practiced entertainment law in New York City for two years as an associate at Paul, Weiss, Rifkind, Wharton & Garrison. He joined the faculty of the University of California, Berkeley School of Law (Boalt Hall) in 1982 and served there until 1998, when he moved to Penn. Between 1990 and 1992 he was the Associate Dean at Boalt. Rubin teaches administrative law, constitutional law, and commercial law. He is the author of Judicial Policy Making and the Modern State: How the Courts Reformed America's Prisons (with M. Feeley, 1998) and The Payment System: Cases, Materials and Issues (with R. Cooter, 1994), the editor of Minimizing Harm: A New Crime Policy for Modern America (1998), and the author of numerous law review articles. He administered the Japanese-American Legal Studies program at Boalt Hall, and has served as a consultant to the governments of the Russian Federation and the People's Republic of China.

    Kim Lane Scheppele is Professor of Law and Sociology at the University of Pennsylvania. She came to Penn in 1996 after 12 years at the University of Michigan, where she held appointments in the political science department, the School of Public Policy and the Law School. At Penn, she teaches comparative constitutional law, post-communist law and society, constitutionalism and evidence. Her current research focuses on the new constitutionalism in the post-soviet world. She spent four years doing research at the Hungarian Constitutional Court and is about to go to Russia for similar work at the Russian Constitutional Court. She is interested in the development of popular constitutional consciousness and its impact on developing constitutional jurisprudence of the new constitutional courts in the post-soviet world. The author of numerous articles in law reviews and social science journals, Professor Scheppele is also the author of Legal Secrets: Equality and Efficiency in the Common Law (1988), coeditor of Alkotmanyos Elvek es Esetek (the first casebook on Hungarian constitutional law) and a contributor to recent volumes on the Rule of Law and Transitional Justice. She is the treasurer and 2001 program cochair for the Law and Society Association, a former chair of the Sociology of Law Section of the American Sociological Association, and cofounder of the Conference Group on Jurisprudence and Public Law of the American Political Science Association.

    Olga Shvetsova is Assistant Professor of Political Science at Washington University in St. Louis. She received her Ph.D. in 1995 from Cal Tech. Her areas of interest include comparative politics, political institutions, political economy, and formal political theory. The most general description of her research is the study of institutional determinants of multipartism. More specifically, she is currently working on several projects, one of which is the study of complex mechanisms motivating political competition and political entrepreneurship in democratic federations. Together with several coauthors, she offers a new typology of federal systems based on the representational properties imbedded in their electoral and constitutional systems. On this foundation they are able to derive the differences in the dynamics of federal political competition which can lead to cementing or, on the contrary, destabilizing the federal arrangements.

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