ABSTRACT
From some perspectives, litigation looks vibrant, with front-page coverage of the US Supreme Court’s reconsideration of its precedents and high-profile civil and criminal lawsuits against government officials. Moreover, since the 1980s, the federal judiciary has had an ambitious building program producing dozens of courthouses designed to exemplify the ‘solemnity, stability, integrity, rigor, and fairness’ of adjudication. Such edifices underscore courts’ place in narrations of the United States. Yet the challenges of legitimating government authority, of which judicial actions are a part, have become all the more acute since Managerial Judges was published forty years ago …
Resnik, Judith, Seeing ‘The Courts’: Managerial Judges, Empty Courtrooms, Chaotic Courthouses, and Judicial Legitimacy from the 1980s to the 2020s (April 20, 2024), Yale Law School, Public Law Research Paper No 43.2.
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