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Articles 1 - 5 of 5
Full-Text Articles in Judges
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 …
The Jekyll And Hyde Of First Amendment Limits On The Regulation Of Judicial Campaign Speech, Charles G. Geyh
The Jekyll And Hyde Of First Amendment Limits On The Regulation Of Judicial Campaign Speech, Charles G. Geyh
Articles by Maurer Faculty
No abstract provided.
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.
The Future Of Section 2 Of The Voting Rights Act In The Hands Of A Conservative Court, Luis Fuentes-Rohwer
The Future Of Section 2 Of The Voting Rights Act In The Hands Of A Conservative Court, Luis Fuentes-Rohwer
Articles by Maurer Faculty
This Essay argues that the future of the majority-minority district is in peril, as a conservative majority on the Court stands poised to strike down section 2 of the Voting Rights Act. When the Court takes up the constitutionality of Section 2, binding precedent will play a secondary role at best. Instead, the Justices’ policy goals and ideological preferences - namely, their personal disdain for the use of race in public life - will guide the Court’s conclusion. In this vein, Justice Kennedy holds the fate of the Act in his hands. To be clear, this Essay is not trying …
Judicial Selection And Tenure In Indiana: A Critical Analysis And Suggested Reform
Judicial Selection And Tenure In Indiana: A Critical Analysis And Suggested Reform
Indiana Law Journal
Indiana's method of selecting its judiciary by the partisan election process has for years been considered wholly inadequate by those who have given it serious thought. Yet that system persists, notwithstanding many efforts at legislative reform. The Editors of the Indiana Law Journal feel it is the responsibility of all citizens, attorneys and judges to continually seek adoption of the most sound method of selecting and retaining in public office those entrusted with the responsibility of administering justice. The following nwte is presented as one writer's evaluation of the present system and its alternatives, in the hope that it will …