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Challenging the conventional wisdom that impeachment is the only way to remove a federal judge.
Critically assessing the Prakash-Smith interpretation of the Good Behavior Clause.
Jeff Sessions & Andrew Sigler, Judicial Independence: Did the Clinton Impeachment Trial Erode the Principle?, 29 Cumb. L. Rev. 489 (1999).
Analyzing the effect of the Clinton impeachment trial on Article III impeachment.
Exploring the history and constitutional parameters of impeachment.
Using historical and textual materials to examine the claim that impeachment is the sole means of removal of a judge.
Martha Andes Ziskind, Judicial Tenure in the American Constitution: English and American Precedents, 1969 Sup. Ct. Rev. 135 (1969).
Exploring early English and American practices in regards to judicial tenure.
G.W.C. Ross, “Good Behavior” of Federal Judges, 12 U. Kan. City L. Rev. 119 (1944).
Examining the English history and common law of the phrase “during good behaviour.”
Burke Shartel, Federal Judges—Appointment, Supervision, and Removal—Some Possibilities Under the Constitution, 28 Mich. L. Rev. 870 (1930).
Proposing three changes in the organization of the federal bench that would be possible under the Constitution.
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