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“一个鼻孔出气”的司法体制之争——美国首席大法官罗伯茨西北大学讲演述评


参见TIME, Feb.15, 2007, Vol.167, No.9, http://205.188.238.109/time/magazine/article/0,9171,1590461,00.html。

例如Geoffrey Stone的文章便在网上引起热烈讨论,可参见作者不同名网文“Chief Justice Roberts and the Role of the Supreme Court”以及相关讨论,http://uchicagolaw.typepad.com/faculty/2007/02/chief_justice_r.html;比较不错的博客文章,可参见Jacco Bomhoff,Defending and Challenging ‘Minimalism’ Empirically,February 08, 2007,http://www.comparativelawblog.blogspot.com/ 。
参见REYNOLDS HOLDING,In Defense of Dissents。

参见Geoffrey Stone,A Narrow View of the Law。

参见REYNOLDS HOLDING,In Defense of Dissents。

参见Bill Barnhart,ROBERTS STRIVES FOR CONSENSUS ON COURT: In recent years, many major cases have been decided 5-4, with conservatives winning some and liberals winning others. Even when justices agree on an outcome of a case, opinions frequently are amended by concurring statements.

In his first term as chief, Roberts saw the number of dissents from opinions of the court eased slightly--to 60 dissents in 2005-06 from 63 in the 2004-05 term. In the 2005-06 term, two justices on the court''s liberal wing, John Paul Stevens and Stephen Breyer, were the most frequent dissenters.

罗伯茨的原话:“I remain convinced that the court benefits most from the distinctive voices of its members when the court meets in conference to discuss the disposition of a case and the conference takes the advantage of those views in shaping an opinion for the court”;“that the court could rule authoritatively and win the public''s confidence only if it functioned as a collegial body and not simply as a collection of individuals";Those innovations "were essential in making the court more than simply the sum of its membership,""Without that unity, I doubt that the court could have attained the stature it enjoys as the authoritative institution for interpreting federal law."参见Bill Barnhart,ROBERTS STRIVES FOR CONSENSUS ON COURT。


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