Judicial System: The nature of the judicial system is critical to the rule of law.  Impartial judges, governed by clear legal rules, committed to enforcing the rules as written, independent of political influence are essential if law is to be a reliable guide to individuals and a constraint on those in power.  The process for appointing judges to the courts needs to be removed from the realm of ordinary politics, where attention is focused excessively on a judge’s supposed ideology rather than on demonstrated competence and propriety.  It is necessary if legal rules are to be meaningful that judges are committed to applying laws written by others faithfully, and it is fair to ask if nominees to the courts have conducted their professional lives in a manner consistent with an expectation that they would perform the law application task assigned to our judiciary. It is not, however, proper to ask nominees to signal that they would support particular outcomes in certain cases.  Judicial activism – the use of a judge’s power to invent novel legal requirements that suit personal policy preferences rather than established legal commands – undermines the rule of law.  So does the demand that judges barter implicit promises on future decisions for confirmation votes.  In addition to the judges, the rules governing the operation of the courts, the sorts of suits that courts will entertain, and the procedures used all affect the vitality of the rule of law. International Business and Trade: In our modern world, business is global, and consumers around the world share the benefits of the best products and services that each nation can provide.  Businesses operate in many countries, combining operations in ways that improve the products they offer and that allow more efficient production and distribution of goods and services.   Nations that are open to international trade, that embrace competitive forces, benefit in many ways.  The development of rules for opening trade – both within the WTO structure and in regional agreements such as NAFTA – have been a signal success of the past 75 years, contributing enormously to rising standards of living around the world.  But inevitably, some rivals prevail on governments to take steps that handicap successful businesses and that restrict or distort trade to provide the local champion some temporary advantage.  The nature of the rules governing international business, for resolving international business disputes, and for maintaining trade commitments affect nations’ economic wealth and individuals’ abilities to pursue their own goals and interests within a fair and predictable legal framework.  The growth of international arbitration, the proliferation of antidumping regimes, and the internationalization of regulations respecting intellectual property, services, and financial flows generates important issues for business and for individual rights.
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