Open Access. Powered by Scholars. Published by Universities.®
- Publication
Articles 1 - 3 of 3
Full-Text Articles in Law
The Missouri Plan In National Perspective, Stephen Ware
The Missouri Plan In National Perspective, Stephen Ware
Stephen Ware
We should distinguish the process that initially selects a judge from the process that determines whether to retain that judge on the court. Judicial selection and judicial retention raise different issues. In this paper, I primarily focus on selection. I summarize the fifty states’ methods of supreme court selection and place them on a continuum from the most populist to the most elitist. Doing so reveals that the Missouri Plan is the most elitist (and least democratic) of the three common methods of selecting judges in the United States. After highlighting this troubling characteristic of the Missouri Plan’s process of …
The Bar’S Extraordinarily Powerful Role In Selecting The Kansas Supreme Court, Stephen Ware
The Bar’S Extraordinarily Powerful Role In Selecting The Kansas Supreme Court, Stephen Ware
Stephen Ware
In supreme court selection, the bar has more power in Kansas than in any other state. This extraordinary bar power gives Kansas the most elitist and least democratic supreme court selection system in the country. While members of the Kansas bar make several arguments in defense of the extraordinary powers they exercise under this system, these arguments rest on a one-sided view of the role of a judge.
On The Linguistic Design Of Multinational Courts—The French Capture, Mathilde Cohen
On The Linguistic Design Of Multinational Courts—The French Capture, Mathilde Cohen
Mathilde Cohen
This Article discusses the importance of language in the institutional design of European and international courts, which I refer to as “linguistic design.” What is at stake in the choice a court’s official or working language? Picking a language has far-reaching consequences on a court’s composition and internal organizational culture, possibly going as far as influencing the substantive law produced. This is the case because language choices impact the screening of the staff and the manufacture of judicial opinions. Linguistic design imposes costs on non-native speakers forced to use a second (or third) language and confers a set of advantages …