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Full-Text Articles in Law
Shortlisted: A Conversation Between Judge Diane Wood, Renee Knake Jefferson, And Hannah Brenner Johnson, Renee Newman Jefferson, Hannah Brenner Johnson, Diane P. Wood
Shortlisted: A Conversation Between Judge Diane Wood, Renee Knake Jefferson, And Hannah Brenner Johnson, Renee Newman Jefferson, Hannah Brenner Johnson, Diane P. Wood
Faculty Scholarship
This article includes an edited excerpt from the introduction to Shortlisted: Women in the Shadows of the Supreme Court and a discussion with the book's authors led by Judge Diane Wood, a senior judge of the United States Court of Appeals for the Seventh Circuit. They discuss the book, the women who were passed over for seats on the Court, and the lessons their stories offer — for women judges and the legal profession as a whole.
Weighing Democracy And Judicial Legitimacy In Judicial Selection, Kenneth S. Klein
Weighing Democracy And Judicial Legitimacy In Judicial Selection, Kenneth S. Klein
Faculty Scholarship
For over two centuries Americans have debated whether judges should be elected or appointed. While the explicitly-framed tension has been about the relative importance of judicial independence and judicial accountability in a democracy, the underlying issue has been about which structure better promotes the legitimacy of the judiciary. An institution has legitimacy when it enjoys diffuse support even for controversial decisions. Judicial legitimacy is in inherent tension with a judiciary in a democracy, since democracy implicitly assumes political elements to selection of all leaders (including judges), while judicial legitimacy is undermined by politics. The contemporary work on the relationship between …