University of Wisconsin–Madison

Archive

Fombad (2021), “The Struggle to Defend the Independence of the Judiciary in Africa.”

Charles Manga Fombad. “The Struggle to Defend the Independence of the Judiciary in Africa”. In Challenged Justice: In Pursuit of Judicial Independence. Edited by Shimon Shetreet, Hiram Chodosh, and Helland Eric, pp. 223-248. Leiden, The Netherlands: Brill | Nijhoff, 2021 Summary: By design or default, Africa’s post-independence constitutions perpetuated a system of harsh authoritarian governance in …

Aydin (2013), “Judicial Independence across Democratic Regimes: Understanding the Varying Impact of Political Competition.”

Aylin Aydin, “Judicial Independence across Democratic Regimes: Understanding the Varying Impact of Political Competition.” Law & Society Review, vol. 47, no. 1 (2013): 105–34.  Summary: One of the most prominent explanations of the creation and maintenance of independent judiciary is the “insurance theory” that proposes a positive relationship between political competition and judicial independence. But, does …

Fiss (1993), “The Limits of Judicial Independence.”

Owen M. Fiss, “The Limits of Judicial Independence.” The University of Miami Inter-American Law Review, Vol. 25, No. 1 (Fall, 1993): pp. 57-76  Summary: Two assumptions frequently underlie discussions concerning the transitions from dictatorship to democracy that occurred in Latin America in the 1980s. The first is that the judiciary will have an important role to …

Huneeus (2010), “Judging from a Guilty Conscience: The Chilean Judiciary’s Human Rights Turn.”

Alexandra Huneeus, “Judging from a Guilty Conscience: The Chilean Judiciary’s Human Rights Turn.” Law & Social Inquiry, vol. 35, no. 1 (2010): 99–135.  Summary: Since the detention of General Pinochet in London in 1998 on charges of crimes against humanity, Chile’s judges have sentenced more former officials of the military regime for human rights viohtions …

Guzmán (2014), “The Chilean Dictatorship and the Judiciary.”

Juan Guzmán, “The Chilean Dictatorship and the Judiciary.” California Western International Law Journal, Vol. 44, No. 2 (2014): 207-216 Summary: The Chilean judiciary was considered to be traditionally independent up until 1970, when Salvador Allende was elected President of the country. But during Allende’s government the judiciary started to lose its objectivity and independence. During the …

Judges Resist Political Interference

In New Jersey on July 22, a panel of federal judges refused to extend the interim tenure of Alina Habba – a former lawyer for President Donald Trump – as U.S. Attorney. They instead appointed career prosecutor Desiree Grace to replace Habba, whose 120-day term was expiring. Hours later, Trump’s Attorney General Pam Bondi removed …

US considered charging Minnesota judges, lawyers in immigration crackdown, sources say

In a previously unreported investigation, the U.S. Justice Department explored bringing criminal charges against Minnesota judges and defense attorneys who suggested virtual court hearings to protect undocumented immigrants from arrest by federal agents. The FBI launched a preliminary probe in early 2025, citing concerns that such practices might obstruct immigration enforcement. These virtual hearings, widely …

Hundreds of DOJ alumni warn Senate against Trump’s appellate judge nominee

More than 900 former U.S. Department of Justice employees have signed a letter warning the Senate Judiciary Committee against confirming Emil Bove, President Donald Trump’s nominee for the U.S. Court of Appeals for the Third Circuit. The letter, organized by the advocacy group Justice Connection, criticizes Bove’s leadership and alleged role in undermining constitutional norms, …

UN warns that lawyers are being imprisoned in Tunisia for speaking out

The UN Human Rights Office (OHCHR) has condemned the Tunisian government’s escalating repression of lawyers, warning that arrests and prosecutions of legal professionals for exercising free speech or defending politically sensitive clients pose a grave threat to judicial independence and fair trial rights. Central to the concern is the arrest of prominent lawyer Ahmed Souab …