Judicial Education and Regulatory Capture: Does the Current System of Educating Judges Promote a Well-Functioning Judiciary and Adequately Serve the Public Interest?

Authors

S. I. Strong, Emory University School of LawFollow

Author ORCID Identifier

0000-0002-5453-6703

Document Type

Article

Publication Date

2015

Keywords

Judges, Judicial preparedness, Judicial education, Independent judiciary

Abstract

This phenomenon suggests a pressing need for further scrutiny into matters relating to the education of judges in this country. This Essay therefore considers of a number of fundamental issues relating to judicial education in the United States so as to consider, at least as a preliminary matter, whether regulatory capture exists. Given the scope of this Essay, some issues are necessarily excluded. Nevertheless, this Essay hopes to trigger a deeper debate about judicial education in this country.

The structure of the analysis is as follows. First, the Essay considers certain obstacles to research concerning judicial education as a means of determining why more scholars have not sounded an alarm regarding practices in this field (Section II). The Essay then addresses a number of issues relating to the current approach to judicial education to determine whether and to what extent judicial control over this issue can be considered problematic (Section III). That analysis leads logically into a discussion of various ways that the possibility of regulatory capture of judicial education could be diminished (Section IV). Finally, the Essay concludes by drawing together various strands of analysis (Section VI).

First Page

1

Publication Title

Journal of Dispute Resolution

Recommended Citation

S. I. Strong, Judicial Education and Regulatory Capture: Does the Current System of Educating Judges Promote a Well-Functioning Judiciary and Adequately Serve the Public Interest?, 2015 J. Disp. Resol. 1 (2015).