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Articles 1 - 8 of 8
Full-Text Articles in Law
Introduction: The Effects Of Selection Method On Public Officials, Clayton J. Masterman
Introduction: The Effects Of Selection Method On Public Officials, Clayton J. Masterman
Vanderbilt Law Review
State and local governments have long struggled to design optimal mechanisms for selecting public officials. Centuries of experimentation have left us with several techniques: election (partisan or otherwise), political appointment, or selection by some kind of technocratic commission. Despite our extensive experience with these systems, no consensus has emerged as to which system is best under what circumstances. Several questions remain unclear: What effect does selection method have on the quality of services that public officials provide? Does selection method systematically affect the ideological composition of officials? If so, does that effect matter? And what determines whether a jurisdiction adopts …
Judicial Reform As A Tug Of War: How Ideological Differences Between Politicians And The Bar Explain Attempts At Judicial Reform, Adam Bonica, Maya Sen
Judicial Reform As A Tug Of War: How Ideological Differences Between Politicians And The Bar Explain Attempts At Judicial Reform, Adam Bonica, Maya Sen
Vanderbilt Law Review
What predicts attempts at judicial reform? We develop a broad, generalizable framework that both explains and predicts attempts at judicial reform. Specifically, we explore the political tug of war created by the polarization between the bar and political actors, in tandem with existing judicial selection mechanisms. The more liberal the bar and the more conservative political actors, the greater the incentive political actors will have to introduce ideology into judicial selection. (And, vice versa, the more conservative the bar and the more liberal political actors, the greater incentive political actors will have to introduce ideology into judicial selection.) Understanding this …
Tailored Judicial Selection, Dmitry Bam
Tailored Judicial Selection, Dmitry Bam
University of Arkansas at Little Rock Law Review
No abstract provided.
Living With Judicial Elections, Raymond J. Mckoski
Living With Judicial Elections, Raymond J. Mckoski
University of Arkansas at Little Rock Law Review
No abstract provided.
Filling The Seventh Circuit Vacancies, Carl W. Tobias
Filling The Seventh Circuit Vacancies, Carl W. Tobias
Law Faculty Publications
In January 2016, President Barack Obama nominated Donald Schott and Myra Selby for empty judicial positions on the United States Court of Appeals for the Seventh Circuit. Schott is a very talented practitioner, who has efficaciously served as a well-respected partner of a major law firm for greater than thirty years. For instance, Schott has professionally worked on numerous complicated federal suits and a plethora of complex actions, many of which efforts concluded with alternative dispute resolution. Selby is concomitantly an exceptional lawyer, who has compiled a distinguished record in the public and private sectors. For example, the compelling prospect …
The Ideological Consequences Of Selection: A Nationwide Study Of The Methods Of Selecting Judges, Brian T. Fitzpatrick
The Ideological Consequences Of Selection: A Nationwide Study Of The Methods Of Selecting Judges, Brian T. Fitzpatrick
Vanderbilt Law School Faculty Publications
One topic that has gone largely unexplored in the long debate over how best to select judges is whether there are any ideological consequences to employing one selection method versus another. The goal of this study is to assess whether certain methods of selection have resulted in judiciaries that skew to the left or right compared with the public at large in those states. In particular, I examine the ideological preferences of state appellate judges in all 50 states over a 20-year period (1990-2010) as measured by their relative affiliation with the Republican or Democratic Party through campaign contributions, voter …
Tailored Judicial Selection, Dmitry Bam
Tailored Judicial Selection, Dmitry Bam
Faculty Publications
American states have experimented with different methods of judicial selection for two centuries, creating uniquely American models of selection, like judicial elections, rarely used throughout the rest of the world. But despite the wide range of selection methods in existence throughout the nation, neither the American people nor legal scholars have given much thought to tailoring the selection method to particular levels of the judiciary. To the contrary, the most common approach to judicial selection in the United States is what I call a unilocular, “a judge is a judge,” approach. For most of our nation’s history, all judges within …
A Conversation With Associate Justice Sonya Sotomayor, Sonia Sotomayor
A Conversation With Associate Justice Sonya Sotomayor, Sonia Sotomayor
University of Colorado Law Review
No abstract provided.