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Original Articles

Courts under threat

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Pages 93-110 | Published online: 21 Dec 2007
 

In recent years ‘Patriots’, Freemen, sovereign citizens and members of so‐called common law courts have come into conflict with federal, state and local authorities. The media, various watchdog organizations and the authorities themselves have drawn our attention to these radical right groups and the individuals belonging to them. This article tackles the problem from a different angle. It is based on the responses of a random sample of state and municipal judges throughout the United States to a survey instrument. The latter sought to determine the kinds of interactions judges have with litigants who challenge the authority and jurisdiction of the court. In particular, the survey reported in this article focuses on what types of judges are most likely to confront challenges, the kinds of cases most likely to provoke such challenges and who the judges believe are the kinds of individuals most likely to pose the challenges. In addition, the article examines the kinds of responses judges make to the latter and the threats that not uncommonly accompany them.

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