Over a century ago, without his knowing it, legendary jurist Oliver Wendell Holmes spawned the case for
judicial diversity in ten words: «the life of the law is not logic, but experience.»
Not exact matches
The stated goal of these forums is to create a «Lasting Blueprint For
Judicial Diversity» in New York State, so that the judges on our benches, both elective and appointive, are eminently and robustly reflective of the rich diversity that is a source of absolute strength for o
Diversity»
in New York State, so that the judges on our benches, both elective and appointive, are eminently and robustly reflective of the rich
diversity that is a source of absolute strength for o
diversity that is a source of absolute strength for our State.
The image was intended to reinforce the subject of the cover article — the lack of transparency
in the
judicial appointments process and the resulting limited
diversity on the bench — but as we have heard from a number of readers, it conveyed a very different message and undermined this important discussion.
The Honourable Madam Justice Steel, who was appointed
in 2000 as the 2nd woman on Manitoba's Court of Appeal, noted that a
judicial bench should reflect the
diversity of the population.
In any event, we'll know soon enough which one of us is right, a Professor from Lakehead is seeking a
judicial declaration that — inter alia — lawyers are not subject to an obligation to «promote equality,
diversity and inclusion generally»: http://mailchi.mp/theccf/canadian-constitution-foundation-to-challenge-law-societys-new-ideological-test-2613233
This past December's round of
judicial appointments by Justice Minister Peter MacKay has put the issue of
judicial diversity squarely back
in the spotlight.
I identify, among a host of examples, the way
in which Professor Zander handles the quality and length of modern legislation and the process by which it comes to be enacted
in the form which it finally takes: the admissibility
in argument involving statutory interpretation of reference to Hansard and the Parliamentary debates: the personal element
in judicial law - making, and the «so called» rules of statutory interpretation: and
diversity on the
judicial bench.
According to the latest
judicial diversity statistics, more than half of all judges
in courts and tribunals under 40 years of age are women (55 %).
Ontario recently announced the
Judicial Appointments Advisory Committee will be taking steps to increase
diversity in the judiciary, including recruiting more judges from indigenous communities.
In our view contribution to diversity is itself a factor to be taken into account in assessing the merit of candidates for judicial appointmen
In our view contribution to
diversity is itself a factor to be taken into account
in assessing the merit of candidates for judicial appointmen
in assessing the merit of candidates for
judicial appointment.
Data is relatively limited and fairly dated as to the
diversity composition of various state benches; most authorities cite a report by the American Bar Association Standing Committee on
Judicial Independence (first published
in 2004 and updated last
in 2010) or a 2009 compilation of data by the American Judicature Society.
She has been active
in politics for more than 25 years and currently focuses on the quality and
diversity of Illinois» judiciary as a member of the executive committee of Cook County's Alliance of Bar Associations for
Judicial Screening.
5 To consider matters relating to
judicial responsibility and ethics and to promote and implement equality and
diversity within The Association and
in all activities of The Association;
One year ago, I called for greater
diversity in judicial appointments.
Diversity in framing would expand
judicial authority by providing judges with a wider variety of options for the resolution of disputes.
As for why this is a threat to self - regulation, one really need only apply the excellent piece you recently wrote about merit and
diversity in judicial appointments, Nate, to law school accreditation.
A local chapter of the League of Women Voters hosted a forum on
diversity in state courts as part of a national campaign to promote impartial courts and
judicial diversity.
HB 7455 Requires governor and nominating authorities
in making appointments to
judicial nominating commission «ensure that the membership of the commission reflects the racial, ethnic, and gender
diversity of the state's population.»
The Committee shall conduct the advertising and review process
in accordance with criteria established by the Committee, including assessment of the professional excellence, community awareness and personal characteristics of candidates and recognition of the desirability of reflecting the
diversity of Ontario society
in judicial appointments.
(4)
In the appointment of members under clauses (2)(d), (f) and (g), the importance of reflecting, in the composition of the Judicial Council as a whole, Ontario's linguistic duality and the diversity of its population and ensuring overall gender balance shall be recognize
In the appointment of members under clauses (2)(d), (f) and (g), the importance of reflecting,
in the composition of the Judicial Council as a whole, Ontario's linguistic duality and the diversity of its population and ensuring overall gender balance shall be recognize
in the composition of the
Judicial Council as a whole, Ontario's linguistic duality and the
diversity of its population and ensuring overall gender balance shall be recognized.
(Jennifer Nedelsky, «Embodied
Diversity and the Challenges to Law» (1997), 42 McGill L.J., p. 107)
In practical terms, this means that — as a step toward
judicial impartiality — a judge should understand the factual and social context of a case.
Utah: House bill to ban consideration of
diversity in judicial nominating process killed after Senate tries to put «background and experience»
in
These have included programmes
in alternative dispute resolution, human rights, economic development, the advancement of
judicial training, civil procedure,
diversity and minority rights, environmental protection, and the development of a Commonwealth anti corruption programme for judges and magistrates.
Rhode Island: bill to mandate
diversity in state courts re-introduced; requires at least 3 persons of color on
Judicial Nominating Commission
p. 217), the
diversity of possible scenarios
in family law dictates that courts maintain a flexible standard of
judicial discretion which does not artificially limit the adaptability of the
Most importantly, however, and notwithstanding the above observations, while the onus of proving the sufficiency of the change
in condition, means, needs or other circumstances rests upon the applicant (Payne, supra, p. 217), the
diversity of possible scenarios
in family law dictates that courts maintain a flexible standard of
judicial discretion which does not artificially limit the adaptability of the Divorce Act provisions.
As was stated by L'Heureux - Dube J.
in Willick at p. 734, «the
diversity of possible scenarios
in family law dictates that courts maintain a flexible standard of
judicial discretion which does not artificially limit the adaptability of the Divorce Act provisions».
at p. 734, «the
diversity of possible scenarios
in family law dictates that courts maintain a flexible standard of
judicial discretion which does not artificially limit the adaptability of the
«Thus fewer women becoming QCs effectively impedes progress towards greater
judicial diversity: and
in doing so brings into question the legitimacy of the judiciary.
The sound belief behind the encouragement of greater
diversity in judicial appointments was that women and visible minorities would bring an important perspective to the difficult task of judging.
He refers to the adoption of
diversity as a criterion for
judicial appointments
in Canada.
He states that positive discrimination is the only thing that is likely to accelerate the rate of progress
in reaching
judicial diversity, but argues... [more]
On the theme of
diversity in Canadian legal institutions (see Omar Ha Redeye's excellent piece
in Slaw yesterday),
in the UK the
Judicial Appointments Commission has just announced it will be running a selection exercise this summer by which it will recommend candidates for judicial appointments from «non-traditional» back
Judicial Appointments Commission has just announced it will be running a selection exercise this summer by which it will recommend candidates for
judicial appointments from «non-traditional» back
judicial appointments from «non-traditional» backgrounds.