{"title":"Reform Through Resignation: Why Chief Justice Roberts Should Resign (in 2023)","authors":"Scott Bloomberg","doi":"10.2139/SSRN.3768595","DOIUrl":"https://doi.org/10.2139/SSRN.3768595","url":null,"abstract":"On September 29, 2023, Chief Justice Roberts will have served exactly eighteen years on the Supreme Court. He should mark this occasion by doing something extraordinary: resigning. By doing so, the Chief Justice could create a new norm whereby Supreme Court Justices agree to serve staggered eighteen-year terms on the Court. The resulting de facto term limit would rectify the structural problems caused by life tenure and would strengthen an institution facing an unprecedented legitimacy crisis in the wake of three exceptionally controversial Supreme Court appointments by President Trump. \u0000 \u0000This paper contains three parts. In Part I, I provide an overview of the institutional problems associated with life tenure, including the randomness of Supreme Court vacancies, the increased length of time the Justices spend on the bench, and the politicization of the Court. Part II introduces the system of eighteen-year staggered term-limits that is supported by a wide range of scholars and other Court observers. I then respond to several criticisms of this term-limit reform, ultimately agreeing with the critique that implementing term limits via constitutional amendment is highly unlikely and implementing them via statute is likely unconstitutional. This conclusion leads me, in Part III, to argue that the most plausible way to establish Supreme Court term limits is through changed norms. Much as George Washington’s decision to not seek a third term as President led to a de facto Presidential term limit, I contend that Chief Justice Roberts is uniquely positioned to establish a new norm of serving eighteen-year terms on the Court. I then detail how Chief Justice Roberts’ well-timed resignation could lead to this de facto term limit system.","PeriodicalId":125390,"journal":{"name":"LSN: Public Understanding/Political Process (Topic)","volume":"61 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-01-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115031604","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
E. Ortiz, Alejandra Ortiz, Miriam Magnolia Sosa Castro
{"title":"Financiarización y consumismo multipolarismos y crisis Covid-19 (Financialization and Consumerism: Multipolarisms and the COVID-19 Crisis)","authors":"E. Ortiz, Alejandra Ortiz, Miriam Magnolia Sosa Castro","doi":"10.22201/fcpys.2448492xe.2021.242.76139","DOIUrl":"https://doi.org/10.22201/fcpys.2448492xe.2021.242.76139","url":null,"abstract":"<div class=\"page\" title=\"Page 1\"><div class=\"layoutArea\"><div class=\"column\"><p><span>El presente trabajo postula que bajo la crisis mundial causada por la pandemia de la Covid-19 subyace una crisis económica-financiera, derivada de un continuo de múltiples prácticas especulativas financieras en un entorno multipolar asimétrico y propulsor de desigualdades globales y locales. Dos importantes elementos examinados son la financiarización y el consumismo cuyo entorno causal ha estado influenciado y entreverado con los patrones de gobernanza y gobernabilidad locales e internacionales impulsados por los intereses y hegemonía de las empresas transnacionales y multinacionales (TM). Metodológicamente, proponemos una investigación explicativa sobre estas empresas, así como acerca de la multipolaridad, gobernanza y gobernabilidad. La evidencia analizada confirma que subyacente a la crisis sanitaria se encuentra una crisis económico-financiera estructural cuyos desequilibrios y abusos profundizan la crisis de la Covid-19. </span></p></div></div></div>","PeriodicalId":125390,"journal":{"name":"LSN: Public Understanding/Political Process (Topic)","volume":"59 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130594123","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Polarization and the Judiciary","authors":"Richard L. Hasen","doi":"10.1146/ANNUREV-POLISCI-051317-125141","DOIUrl":"https://doi.org/10.1146/ANNUREV-POLISCI-051317-125141","url":null,"abstract":"The increased polarization in the United States among the political branches and citizenry affects the selection, work, perception, and relative power of state and federal judges, including justices of the US Supreme Court. Polarization in the United States over the last few decades matters to the American judicial system in at least four ways. First, polarization affects judicial selection, whether the selection method is (sometimes partisan-based) elections or appointment by political actors. In times of greater polarization, governors and presidents who nominate judges, legislators who confirm judges, and voters who vote on judicial candidates are more apt to support or oppose judges on the basis of partisan affiliation or cues. Second, driven in part by selection mechanisms, polarization may be reflected in the decisions that judges make, especially on issues that divide people politically, such as abortion, guns, or affirmative action. The Supreme Court, for example, often divides along party and ideological lines in the most prominent and highly contested cases. Those ideological lines now overlap with party as we enter a period in which all the Court liberals have been appointed by Democratic presidents and all the Court conservatives have been appointed by Republican presidents. Third, increasingly polarized judicial decisions appear to be causing the public to view judges and judicial decision making (at least on the US Supreme Court) through a more partisan lens. Fourth, polarization may affect the separation of powers, by empowering courts against polarized legislative bodies sometimes paralyzed by gridlock. The review concludes by considering how increased polarization may interact with the judiciary and judicial branch going forward and by suggesting areas for future research.","PeriodicalId":125390,"journal":{"name":"LSN: Public Understanding/Political Process (Topic)","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-02-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116867569","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Judicial Independence and Political Competition: Comparing Democracies Over Time","authors":"Joshua Boston, David Carlson, JBrandon Duck-Mayr","doi":"10.2139/ssrn.2994416","DOIUrl":"https://doi.org/10.2139/ssrn.2994416","url":null,"abstract":"Scholars of comparative courts have long been fascinated with variations in judicial independence across states, regimes, and time. Whether independence, in turn, depends on political competition remains an open question, as extant research has reached uncertain conclusions, often relying on questionable assumptions and data sources. This paper presents a formal model predicting the conditions under which legislative political competition causes a political power vacuum, which necessitates judicial independence and policy making. In short, when an ineffectual legislature cannot address a policy seeker's proposal, the courts can intervene, causing a de facto increase in judicial independence. Empirical results confirm these theoretically derived expectations, as aggregate measures of political competition across space and time cause significant changes in de facto judicial independence. Our findings have practical implications regarding when we might observe policy-seekers litigating issues rather than seeking legislation.","PeriodicalId":125390,"journal":{"name":"LSN: Public Understanding/Political Process (Topic)","volume":"103 5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125748430","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Alternatives for Turkey to the EU Enlargement","authors":"Eylül Arslan","doi":"10.2139/ssrn.3677979","DOIUrl":"https://doi.org/10.2139/ssrn.3677979","url":null,"abstract":"The Union for the Mediterranean is a multilateral partnership between the European Union and its Mediterranean neighbors, including 16 partners from Africa and the Middle East. The essay will focus on its influence on the middle East countries, such as Egypt, Israel, Jordan, Lebanon, the Palestinian Authority, and Syria. It will start with the antecedents, the Barcelona process and the Mediterranean Union. Following with the current Union for the Mediterranean and its implication in the security of this area. The paper analyze the working system of the UfM and its general objectives, politics and Security, Economics and Trade, Socio-cultural and Justice and Interior Affairs, plus some concrete actions. Afterwards the real influence of the UfM on the Middle East is explained, pointing out good and bad characteristics, finishing the with different proposals in order to increase the effectiveness of the UfM in the Middle East.","PeriodicalId":125390,"journal":{"name":"LSN: Public Understanding/Political Process (Topic)","volume":"324 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123934210","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}