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Full-Text Articles in Law
Forward: Sandra Day O'Connor, Earl F. Nelson, And State Judicial Selection And Retention Systems, R. Lawrence Dessem
Forward: Sandra Day O'Connor, Earl F. Nelson, And State Judicial Selection And Retention Systems, R. Lawrence Dessem
Faculty Publications
In difficult cases, in unpopular cases, in cases that may draw criticism from the executive branch of government, the legislature, the media, or the general populace, it is essential that judges be insulated from public pressure. However much we believe in the strength and integrity of the human spirit, we cannot expect judges to do justice without establishing an institutional framework that guarantees them that their next decision, however loathsome or unpopular, will not be their last.
The Politics Of Merit Selection, Brian T. Fitzpatrick
The Politics Of Merit Selection, Brian T. Fitzpatrick
Vanderbilt Law School Faculty Publications
In this Article, I undertake an evaluation of a method of judicial selection known as "merit selection." The merit system is distinctive from the other systems of judicial selection in the powerful role it accords lawyers. Proponents of the merit system contend that it is superior to the other forms of judicial selection -- elections or appointment by elected officials -- because lawyers are more likely to select judges on the basis of "merit" and less likely to select judges on the basis of "politics" (i.e., the personal ideological preferences of judicial candidates) than are voters or elected officials. But …