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Full-Text Articles in Law
Guaranteeing The Right To Vote For Twenty-First Century America, Brandon Haase
Guaranteeing The Right To Vote For Twenty-First Century America, Brandon Haase
Journal of Legislation
No abstract provided.
Judges As Politicians: The Enduring Tension Of Judicial Elections In The Twenty-First Century, Richard Lorren Jolly
Judges As Politicians: The Enduring Tension Of Judicial Elections In The Twenty-First Century, Richard Lorren Jolly
Notre Dame Law Review Reflection
Elections transform the basis of judicial legitimacy. Whereas a permanently appointed judiciary finds support in its supposed neutrality, the democratic judiciary demands responsiveness. Yet while this is obvious to scholars, the electorate, and most judges—and is in fact confirmed by much statistical data—the Supreme Court and others continue to insist that judicial campaigns can be sculpted to ensure robust democratic debate without compromising the bench’s impartiality. This Essay rejects the notion that the court can be both democratic and disinterested. It reviews the volatile history of judicial elections as well as the modern web of distinctions between protected and proscribable …