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Full-Text Articles in Law

The Contours Of Judicial Tenure In State Courts Of Last Resort: Accountability Vs. Independence, Todd A. Curry Dec 2012

The Contours Of Judicial Tenure In State Courts Of Last Resort: Accountability Vs. Independence, Todd A. Curry

Dissertations

The study of state courts of last resort is a field which has, up until recently, been significantly underrepresented in political science (Baum 1987, Dubois 1980). The bulk of work in judicial politics over the last fifty years has focused on the federal system. Furthermore, the study of state courts allows for a true comparative analysis. The methods of selection used for the staffing of state courts of last resort are highly varied. There are five distinctly different methods which are used for judicial selection in the states, and many states have institutional nuances that provide further variation for study. …


Nationality And The International Judge: The Nationalist Presumption Governing The International Judiciary And Why It Must Be Reversed, Tom Dannenbaum Jan 2012

Nationality And The International Judge: The Nationalist Presumption Governing The International Judiciary And Why It Must Be Reversed, Tom Dannenbaum

Cornell International Law Journal

No abstract provided.


The Flight From Judgment: Reflections On Benjamin Barton’S An Empirical Study Of Supreme Court Justice Pre-Appointment Experience, Jennifer Hendricks Jan 2012

The Flight From Judgment: Reflections On Benjamin Barton’S An Empirical Study Of Supreme Court Justice Pre-Appointment Experience, Jennifer Hendricks

Publications

Discusses J. McIntyre Machinery, Ltd. v. Nicastro as an example of the Supreme Court's failure to rely on practical wisdom, in connection with the historic shift toward increasingly elite credentials for the justices.


Justifying Diversity In The Federal Judiciary, Carl W. Tobias Jan 2012

Justifying Diversity In The Federal Judiciary, Carl W. Tobias

Law Faculty Publications

This Essay thus scrutinizes Obama’s judicial selection effort, which confirms many ideas that Scherer espouses while showing how political deficiencies in the modern selection process erode diversity and legitimacy, and perhaps Scherer’s provocative solution. This response ultimately discusses some promising measures beyond Scherer’s recommendation that could enhance diversity and legitimacy in light of the threat that politicization poses


Beyond The City Square: Fishing In Wider Pools Without Soundings, Monica A. Fennell Jan 2012

Beyond The City Square: Fishing In Wider Pools Without Soundings, Monica A. Fennell

Fordham Urban Law Journal

Monica Fennell begins a conversation in CITY SQUARE regarding the diversity in the judicial appointment process in the United Kingdom and the United States, a conversation sparked by Professor Judith Maute’s article English Reforms to Judicial Selection: Comparative Lessons for American States?