Tuesday, June 29, 2004

Learning from the rest of the world

Vicky Jackson argues that US judges have always looked to judgements in other countries and should continue to do so.

In Australia, the justices accord a very high level of respect to the decisions of the Privy Council and the House of Lords.

via Volokh Conspiracy

Monday, June 28, 2004

Federal Court decision in Trevor Kennedy legal privilege proceedings

The Federal Court decision in Trevor Kennedy legal privilege proceedings
determined that the dominant purpose of the notes were not made for obtaining legal advice, and therefore not covered by legal professional privilege.

Justice Gyles found that Mr Kennedy did not establish that the dominant purpose for making the notes was to obtain legal advice, nor did he establish that any legal advice that might have been related to the notes was in connection with the administration of justice or proper function of the legal system in Australia. Justice Gyles noted that any such advice would have related to taking advantage of Swiss laws in order to keep assets and transactions secret from Australian authorities.

Saturday, June 12, 2004

How Reagan Changed the Courts

Another article about how judges were appointed. This time by the Reagan administration who took appointment of judges to new levels of sophistication.

Attributes of an ideal Supreme Court justice (in the eyes of a conservative leader) were:

"refusal to create new constitutional rights for the individual" and "deference to states in their spheres," as well as "legal competence" and "strong leadership on the court/young and vigorous."

On the transformation of the judiciary:

"President Reagan turned a system dominated by party courtesy and patronage into a systematic process that was an extension of his policies."