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Full-Text Articles in Law
The Rank-Order Method For Appellate Subset Selection, Michael J. Hasday
The Rank-Order Method For Appellate Subset Selection, Michael J. Hasday
Notre Dame Law Review Reflection
This Essay proceeds as follows: Part I discusses the “fatal flaws” of random assignment and direct selection: outlier panels and judicial gaming, respectively. Part II introduces the rank-order method and explains how this method is superior to either random assignment or direct selection. Part III provides detailed examples of how the rank-order method works in practice. Part IV concludes.
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 …