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Courting PerilThe Political Transformation of the American Judiciary$
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Charles Gardner Geyh

Print publication date: 2016

Print ISBN-13: 9780190233495

Published to Oxford Scholarship Online: March 2016

DOI: 10.1093/acprof:oso/9780190233495.001.0001

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(p.157) Chapter 8 Conclusion
Courting Peril

Charles Gardner Geyh

Oxford University Press

Chapter 8 summarizes six major points: (1) the rule of law paradigm has structured our conception of the American judiciary for centuries; (2) The landscape of the American courts is changing in ways that are causing the rule of law paradigm to crumble; (3) A legal culture paradigm better explains the need for judicial independence and accountability among judges whose decisions are subject to legal and extralegal influences; (4) The legal culture paradigm explains the changing landscape of the American courts in terms of a shift toward intensified regulation of judges in the political dimension of oversight. (5). Fifth, this shift is problematic because there is value to maintaining three distinct dimensions of oversight in constructive tension; (6) Balance between the dimensions of oversight can be restored through education, reclamation, and moderation. The chapter then anticipates and addresses core concerns that readers may have about the foregoing six points.

Keywords:   rule of law paradigm, legal culture paradigm, judicial independence, judicial accountability

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