In Defense of Judicial Elections

In Defense of Judicial Elections
Author: Chris W. Bonneau
Publisher: Routledge
Total Pages: 198
Release: 2009-06-02
Genre: Law
ISBN: 1135852693

Ought judges be independent of democratic pressures, or should they be subjected to the preferences and approval of the electorate? In this book, Bonneau and Hall use empirical data to shed light on these normative questions and offer a coherent defense of judicial elections.

Judicial Selection in the States

Judicial Selection in the States
Author: Herbert M. Kritzer
Publisher: Cambridge University Press
Total Pages: 401
Release: 2020-04-30
Genre: Law
ISBN: 1108496334

How do legal professionalism and politics influence efforts to structure the process of selecting and retaining state judges?

Attacking Judges

Attacking Judges
Author: Melinda Gann Hall
Publisher: Stanford University Press
Total Pages: 264
Release: 2014-10-29
Genre: Law
ISBN: 0804793093

Nasty, below-the-belt campaigns, mudslinging, and character attacks. These tactics have become part and parcel of today's election politics in America, and judicial elections are no exception. Attacking Judges takes a close look at the effects of televised advertising, including harsh attacks, on state supreme court elections. Author Melinda Gann Hall investigates whether these divisive elections have damaging consequences for representative democracy. To do this, Hall focuses on two key aspects of those elections: the vote shares of justices seeking reelection and the propensity of state electorates to vote. In doing so, Attacking Judges explores vital dimensions of the conventional wisdom that campaign politics has deleterious consequences for judges, voters, and state judiciaries. Countering the prevailing wisdom with empirically based conclusions, Hall uncovers surprising and important insights, including new revelations on how attack ads influence public engagement with judicial elections and their relative effectiveness in various types of state elections. Attacking Judges is a testament to the power of institutions in American politics and the value of empirical political science research in helping to inform some of the most significant debates on the public agenda. This book's results smartly contest and eradicate many of the fears judicial reformers have about the damaging effects of campaign negativity in modern state supreme court elections.

Electing Judges

Electing Judges
Author: James L. Gibson
Publisher: University of Chicago Press
Total Pages: 240
Release: 2012-09-20
Genre: Law
ISBN: 0226291073

"In Electing Judges, James L. Gibson responds to the growing chorus of critics who fear that the politics of running for office undermine judicial independence. While many people have opinions on the topic, few have supported them with empirical evidence. Gibson rectifies this situation, offering the most systematic study to date of the impact of campaigns on public perceptions of fairness, impartiality, and the legitimacy of elected state courts-and his findings are both counterintuitive and controversial"--Page [four] of cover.

The People’s Courts

The People’s Courts
Author: Jed Handelsman Shugerman
Publisher: Harvard University Press
Total Pages: 0
Release: 2012-02-27
Genre: Law
ISBN: 9780674055483

In the United States, almost 90 percent of state judges have to run in popular elections to remain on the bench. In the past decade, this peculiarly American institution has produced vicious multi-million-dollar political election campaigns and high-profile allegations of judicial bias and misconduct. The People’s Courts traces the history of judicial elections and Americans’ quest for an independent judiciary—one that would ensure fairness for all before the law—from the colonial era to the present. In the aftermath of economic disaster, nineteenth-century reformers embraced popular elections as a way to make politically appointed judges less susceptible to partisan patronage and more independent of the legislative and executive branches of government. This effort to reinforce the separation of powers and limit government succeeded in many ways, but it created new threats to judicial independence and provoked further calls for reform. Merit selection emerged as the most promising means of reducing partisan and financial influence from judicial selection. It too, however, proved vulnerable to pressure from party politics and special interest groups. Yet, as Shugerman concludes, it still has more potential for protecting judicial independence than either political appointment or popular election. The People’s Courts shows how Americans have been deeply committed to judicial independence, but that commitment has also been manipulated by special interests. By understanding our history of judicial selection, we can better protect and preserve the independence of judges from political and partisan influence.

Model Rules of Professional Conduct

Model Rules of Professional Conduct
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
Total Pages: 216
Release: 2007
Genre: Law
ISBN: 9781590318737

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Who is to Judge?

Who is to Judge?
Author: Charles Gardner Geyh
Publisher: Oxford University Press
Total Pages: 235
Release: 2019-02-14
Genre: Law
ISBN: 0190887168

An elected judiciary is virtually unique to the American experience and creates a paradox in a representative democracy. Elected judges take an oath to uphold the law impartially, which calls upon them to swear off the influence of the very constituencies they must cultivate in order to attain and retain judicial office. This paradox has given rise to perennially shrill and unproductive binary arguments over the merits and demerits of elected and appointed judiciaries, which this project seeks to transcend and reimagine. In Who Is to Judge?, judicial politics expert Charles Gardner Geyh exposes and explains the overstatements of both sides in the judicial selection debate. When those exaggerations are understood as such, it becomes possible to search for common ground and its limits. Ultimately, this search leads Geyh to conclude that, while appointive systems are a preferable default, no one system of selection is best for all jurisdictions at all times.

The Judicial Tug of War

The Judicial Tug of War
Author: Adam Bonica
Publisher: Cambridge University Press
Total Pages: 335
Release: 2020-12-17
Genre: Law
ISBN: 1108841368

Presents a novel theory explaining how and why politicians and lawyers politicise courts.

The Judicial Branch of State Government

The Judicial Branch of State Government
Author: Sean O. Hogan
Publisher: ABC-CLIO
Total Pages: 466
Release: 2006-08-23
Genre: Law
ISBN:

Part of ABC-CLIO's groundbreaking About State Government set, this volume is the first comprehensive resource to focus exclusively on judicial politics at the state level, covering all 50 states and demonstrating the profound influence state courts have on American life. The Judicial Branch of State Government: People, Process, and Politics reveals the workings of a network of courts that generate tremendous legal activity and yet have not previously been the focus of a comprehensive, in-depth reference. Beginning with the origins of American law, this volume examines the many different types of state court cases, legal decision-making processes, court administration procedures and personnel, and political issues such as judicial selection and funding. A concluding section summarizes the structure and mechanisms of the court systems of each of the 50 states. Filling a major reference need, the titles in ABC-CLIO's About State Government set offer comprehensive coverage of contemporary American politics at the state level. Each of the three volumes focuses on a specific governmental branch, providing both general information and comparative details of how that branch operates in each state.