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Full-Text Articles in Law
Access To The Justices’ Papers: A Better Balance, Susan Demaine
Access To The Justices’ Papers: A Better Balance, Susan Demaine
Articles by Maurer Faculty
This article explores the history of Supreme Court Justices’ papers and their status as private property. It discusses questions of access, the public’s interest in understanding the Court and its decisions, and the effect of the Justices’ papers on scholarship and popular research. Several options for encouraging greater openness are proposed.
Taking Judicial Legitimacy Seriously, Luis Fuentes-Rohwer
Taking Judicial Legitimacy Seriously, Luis Fuentes-Rohwer
Articles by Maurer Faculty
No abstract provided.
Judicial Selection And The Search For Middle Ground, Charles G. Geyh
Judicial Selection And The Search For Middle Ground, Charles G. Geyh
Articles by Maurer Faculty
This Article seeks to transcend perennial election versus appointment debates-including debates over campaign finance and the impact of "dark money"-by taking a closer look at why judicial selection is a contentious mess and discussing how it might be fixed. First, I present the case for elective and appointive systems. Second, I show that the arguments for each system are exaggerated or flawed.Third, I explore why it has been hard for proponents of each system to perceive and acknowledge those exaggerations and flaws, and propose ways to narrow the divide. Although the divide can and should be narrowed, I conclude that …