The Yale Law Journal

Gabrielle Appleby


Judicial Legitimacy and Federal Judicial Design: Managing Integrity and Autochthony

Gabrielle Appleby & Erin F. Delaney

This Article argues that the sociological legitimacy of judicial institutions in federal systems rests on both integrity and autochthony. Through theoretical and comparative inquiry, we explore the ways in which initial federal constitutional design, as well as ongoing legislative and judicial manag…