June

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Federal Courts Prepare for Pandemic Influenza
What is the judiciary’s strategy for continuing the business of the courts in the event of human-to-human transmission of H5N1 avian influenza? Due to the unique nature of the threat, judges and court administrators are emphasizing human capital, communications, and teleworking to assure the court’s ability to perform essential functions during a pandemic.

Features

Sex, Lies, & Magistrate Judges: Common Misconceptions About the Federal Judiciary
A title is a prefix or suffix added to a person's name to signify either veneration, an official position, or a professional or academic qualification. Titles also may carry misconception and confusion when misused.
The Supreme Court Decision: Consensus or Coercion?
The U.S. Supreme Court is the most powerful court in the world primarily because of the power of judicial review. Judicial review and other factors give the Supreme Court excessive power not explicitly justified in the U.S. Constitution. Given the vagueness and incompleteness of the Constitution, every Supreme Court decision is an interpretation and is, in effect, a constitutional amendment. It follows that Supreme Court decisions must be consistent with the constitutional requirement for an amendment, which means that Supreme Court decisions, assuming the current number of nine justices, must be a supermajority of a minimum of six votes, not the current five, to decide cases in a constitutionally normative manner. The 6-3 rule would also promote what John Rawls calls the “stability” of an increasingly diverse society.