Referring to courts as a "pain in the neck" is not what one would expect from a renowned judge giving a lecture at the Law School.
But on Thursday, Guido Calabresi, a judge from the U.S. Court of Appeals for the Second Circuit, did just that before a crowd of 200 people in Silverman Hall. Calabresi was discussing the topic of "The Current Subtle -- and Not So Subtle -- Rejection of an Independent Judiciary."
Independent judges, Calabresi explained, are often in conflict with the opinions of the majority and governmental interests. In other words, they tend "to get in the way of what democracy may want."
It is no surprise, Calabresi added, that the established power has often pursued a policy of "turning the decision over [to] someone who's part of the political process."
In his talk, Calabresi analyzed two different trends that he believes are endangering the independence of the judicial decision making process.
First, he described the practice of handing over the decision to experts as a threat to judicial independence.
Experts, Calabresi said, unlike courts, have to justify their actions to the public, and, thus, are more likely to let their decisions be affected by external pressures.
Although he admitted that "experts do know a lot," Calabresi concluded that "no expert can be as independent as courts are."
Calabresi added that the fact that most states have elected -- and thus dependent -- courts presents a serious threat to judicial independence.
Although the federal court is not elected, Calabresi said that it is extremely difficult to have access to it and most of the judicial decisions in the country are made by dependent courts.
The judge concluded that the "myth of independence through the Supreme Court" does not, however, reflect the reality of justice in the United States.
First-year Law student Manuel Rodriguez said that he thought judicial independence was "a very relevant topic," especially given the controversy surrounding the legitimacy of the legal system in light of the 2000 presidential election.
And Gabriel Posner -- also a first-year Law student -- also said that judicial independence is particularly relevant in today's society.
It is a "way of expressing our values of justice," Posner said.
