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...businesses and individuals will be required to do. Between now and then, White House officials say, don't be surprised to see rough spots and bumps along the road. "Everybody wants to rush the process and jump to conclusions," sighs an aide. "The process will play itself out." The question is, Will there be health-care reform...

Author: /time Magazine | Title: Time for Obama to Step In? | 7/16/2009 | See Source »

...much of her record demonstrates her opposition to judicial policymaking. In some of her opinions as an appellate judge, she sounds like Justice Antonin Scalia in her insistence that judges should avoid policy considerations at all costs. "The duty of a judge is to follow the law, not to question its plain terms," Sotomayor wrote in a 2006 dissent. "I trust that Congress would prefer to make any needed changes itself, rather than have courts...

Author: /time Magazine | Title: What's Wrong with Judges Legislating from the Bench? | 7/16/2009 | See Source »

...DeStefano, the closely watched affirmative-action case, the court was criticized by liberals - and praised by conservatives - for inventing a new legal standard to determine when cities can throw out promotion exams that have discriminatory effects on minority firefighters. Whether or not you like the decision, there's no question that the court was making policy, coming up with a pragmatic rule that Congress never passed...

Author: /time Magazine | Title: What's Wrong with Judges Legislating from the Bench? | 7/16/2009 | See Source »

...That question and its answer are exactly why France needs independent investigating magistrates, some French legal practitioners say. They point to the two terrorism cases as proof of the vital role of magistrates, who perform an evidence-collecting function that has been central to France's justice system for over 200 years. Sarkozy's proposed reforms will shift investigative power from independent magistrates to state prosecutors, who, critics of the reforms fear, might end up paying more attention to the political interests of leaders than to justice. That could result in French justice bending to the whims of politicians...

Author: /time Magazine | Title: Could Seven Dead Monks Upset President Nicolas Sarkozy's Bold Plans To Remake France's Legal System? | 7/16/2009 | See Source »

France's Napoleonic justice system may indeed need modernizing. The question is whether reforms will undermine some of its most cherished values...

Author: /time Magazine | Title: Could Seven Dead Monks Upset President Nicolas Sarkozy's Bold Plans To Remake France's Legal System? | 7/16/2009 | See Source »

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