Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Publication Year
- Publication
-
- University of Arkansas at Little Rock Law Review (2)
- West Virginia Law Review (2)
- Akron Law Review (1)
- Articles by Maurer Faculty (1)
- Articles in Law Reviews & Other Academic Journals (1)
-
- Cleveland State Law Review (1)
- Georgetown Law Faculty Publications and Other Works (1)
- Journal of the National Association of Administrative Law Judiciary (1)
- Maryland Law Review (1)
- Michigan Law Review (1)
- Michigan Law Review First Impressions (1)
- University of Michigan Journal of Law Reform (1)
- Vanderbilt Law School Faculty Publications (1)
- Publication Type
Articles 1 - 15 of 15
Full-Text Articles in Judges
Judicial Candidates’ Right To Lie, Nat Stern
Judicial Candidates’ Right To Lie, Nat Stern
Maryland Law Review
, the Supreme Court struck down a law forbidding certain judicial campaign speech. A decade later, the Court in United States v. Alvarez ruled that factually false statements do not constitute categorically unprotected expression under the First Amendment. Together, these two holdings, along with the Court’s wider protection of political expression and disapproval of content-based restrictions, cast serious doubt on states’ ability to ban false and misleading speech by judicial candidates. Commonly known as the misrepresent clause, this prohibition has intuitive appeal in light of judges’ responsibilities and still exists in many states. Given the provision’s vulnerability to challenge, however, …
The Ideological Consequences Of Selection: A Nationwide Study Of The Methods Of Selecting Judges, Brian T. Fitzpatrick
The Ideological Consequences Of Selection: A Nationwide Study Of The Methods Of Selecting Judges, Brian T. Fitzpatrick
Vanderbilt Law School Faculty Publications
One topic that has gone largely unexplored in the long debate over how best to select judges is whether there are any ideological consequences to employing one selection method versus another. The goal of this study is to assess whether certain methods of selection have resulted in judiciaries that skew to the left or right compared with the public at large in those states. In particular, I examine the ideological preferences of state appellate judges in all 50 states over a 20-year period (1990-2010) as measured by their relative affiliation with the Republican or Democratic Party through campaign contributions, voter …
In The Wake Of White: How States Are Responding To Republican Party Of Minnesota V. White And How Judicial Elections Are Changing, Rachel Paine Caufield
In The Wake Of White: How States Are Responding To Republican Party Of Minnesota V. White And How Judicial Elections Are Changing, Rachel Paine Caufield
Akron Law Review
The selection of state court judges in the United States has been the subject of vigorous debate. The controversy continues to build as some scholars contend that only the appointment of judges ensures the independence of the judiciary by insulating the judge from retaliation for unpopular decisions. Yet volumes of evidence unfold each day to reveal a judiciary under attack for making legal albeit unpopular decisions. While the cloak of a lifetime appointment with no effective method of removal does little to instill confidence in the impartiality of the judiciary, an election riddled with partisan rhetoric or one-sided attacks is …
Judicial Diversity After Shelby County V. Holder, William Roth
Judicial Diversity After Shelby County V. Holder, William Roth
Michigan Law Review First Impressions
In 2014, voters in ten of the fifteen states previously covered by the Voting Rights Act ("VRA") preclearance formula-including six of the nine states covered in their entirety-will go to the polls to elect or retain state supreme court justices. Yet despite the endemic underrepresentation of minorities on state benches and the judiciary's traditional role in fighting discrimination, scholars have seemingly paid little attention to how Shelby County v. Holder's suspension of the coverage formula in section 4(b) has left racial minorities vulnerable to retrogressive changes to judicial-election laws. The first election year following Shelby County thus provides a compelling …
Buying A Judicial Seat For Appeal: Caperton V. A.T. Massey Coal Company, Inc., Is Right Out Of A John Grisham Novel, Richard Gillespie
Buying A Judicial Seat For Appeal: Caperton V. A.T. Massey Coal Company, Inc., Is Right Out Of A John Grisham Novel, Richard Gillespie
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Check One And The Accountability Is Done: The Harmful Impact Of Straight-Ticket Voting On Judicial Elections, Meryl Chertoff, Dustin F. Robinson
Check One And The Accountability Is Done: The Harmful Impact Of Straight-Ticket Voting On Judicial Elections, Meryl Chertoff, Dustin F. Robinson
Georgetown Law Faculty Publications and Other Works
States that elect judges are heir to a populist tradition dating back to the Jacksonian era. In the spectrum between independence and accountability, these states emphasize accountability. Systems vary from state to state, and even within states there may be geographic diversity or different selection systems for different levels of courts. Elections can be partisan or non-partisan, contested, or, as in merit-selection states, retention. Some states have dabbled in public financing of judicial elections. Reformers are most critical of contested partisan elections. Those are the elections where the most money is spent, the nastiest ads aired, and the dignity of …
Countering The Majoritarian Difficulty, Amanda Frost
Countering The Majoritarian Difficulty, Amanda Frost
Articles in Law Reviews & Other Academic Journals
Most state court judges are elected to office, and thus must be attentive to voter preferences just like other elected officials. Critics of judicial elections fear that subjecting judges to majoritarian pressures jeopardizes the rights of disfavored groups and undermines the rule of law, and accordingly call for their abolition. The reality, however, is that judicial elections are firmly entrenched in thirty-eight states, and thus appear to be a permanent part of the legal landscape. This article suggests that the so-called “majoritarian difficulty” posed by elected judges can be tempered by regular interactions with appointed, life-tenured federal judges, who are …
Judicial Elections In The Aftermath Of White, Caperton, And Citizens United, Charles G. Geyh
Judicial Elections In The Aftermath Of White, Caperton, And Citizens United, Charles G. Geyh
Articles by Maurer Faculty
No abstract provided.
Aligning Judicial Elections With Our Constitutional Values: The Separation Of Powers, Judicial Free Speech, And Due Process, Jason D. Grimes
Aligning Judicial Elections With Our Constitutional Values: The Separation Of Powers, Judicial Free Speech, And Due Process, Jason D. Grimes
Cleveland State Law Review
This Note consists of five Parts. Part II traces the historical development of state judicial elections from the perspective of the Framers' doctrine of separation of powers. It shows that judicial elections were borne more of historical contingency than constitutional design. Part II then assesses the recent history of elections to the Ohio Supreme Court. It determines that Ohio's judicial elections share two problems with many other states: millions of dollars given to judicial candidates by special interests likely to appear before the court, and candidates' broad freedom of speech to earn the political and financial support of these special …
[Tru/Fals]Isms: A Statistical Analysis Of Several Arkansas Judicial Election Bromides, Honorable Timothy Davis Fox
[Tru/Fals]Isms: A Statistical Analysis Of Several Arkansas Judicial Election Bromides, Honorable Timothy Davis Fox
University of Arkansas at Little Rock Law Review
No abstract provided.
If At First You Don't Succeed: A Critical Evaluation Of Judicial Selection Reform Efforts, Amam Mcleod
If At First You Don't Succeed: A Critical Evaluation Of Judicial Selection Reform Efforts, Amam Mcleod
West Virginia Law Review
No abstract provided.
To Elect Or Not To Elect: A Case Study Ofjudicial Selection In New York City 1977-2002, Steven Zeidman
To Elect Or Not To Elect: A Case Study Ofjudicial Selection In New York City 1977-2002, Steven Zeidman
University of Michigan Journal of Law Reform
This Article examines the process of judicial selection in New York State in light of the recent court decisions in White and Spargo, which have paved the way for increased campaign speech in judicial elections. Relying on empirical data to compare judicial elections and appointments in New York City between 1977 and 2002, the Article finds that elections produce a judiciary that is more beholden to interest groups than one generated through appointments. The consequence of this greater special interest involvement is an erosion of public trust and confidence in the judiciary. Moreover while elections arguably have increased diversity in …
Republican Party Of Minnesota V. White: The Lifting Of Judicial Speech Restraint, David B. Bogard
Republican Party Of Minnesota V. White: The Lifting Of Judicial Speech Restraint, David B. Bogard
University of Arkansas at Little Rock Law Review
No abstract provided.
Stop Me Before I Vote For This Judge Again: Judicial Conduct Organizations, Judicial Accountability, And The Disciplining Of Elected Judges, Alex B. Long
West Virginia Law Review
No abstract provided.
Electing Justice, Sol Wachtler
Electing Justice, Sol Wachtler
Michigan Law Review
A Review of In Pursuit of Justice: Reflections of a State Supreme Court Justice by Joseph R. Grodin