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The Arguments

Charles Gardner Geyh

in Who is to Judge?: The Perennial Debate Over Whether to Elect or Appoint America's Judges

Published in print:
2019
Published Online:
March 2019
ISBN:
9780190887148
eISBN:
9780190939885
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190887148.003.0004
Subject:
Law, Legal Profession and Ethics, Constitutional and Administrative Law

Chapter 4 lays out the respective arguments for appointive and elective systems, against the backdrop of the new politics of judicial selection. It describes how gubernatorial appointment and merit ... More


Managing the Selection Debate

Charles Gardner Geyh

in Who is to Judge?: The Perennial Debate Over Whether to Elect or Appoint America's Judges

Published in print:
2019
Published Online:
March 2019
ISBN:
9780190887148
eISBN:
9780190939885
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190887148.003.0006
Subject:
Law, Legal Profession and Ethics, Constitutional and Administrative Law

Chapter 6 argues that we can come closer to consensus in the judicial selection debate by confronting and overcoming the errors and exaggerations that chapter 5 isolates. That said, complete ... More


Who Gets the Gavel?: Citizens’ Views on the Selection of Judges

Damon M. Cann and Jeff Yates

in These Estimable Courts: Understanding Public Perceptions of State Judicial Institutions and Legal Policy-Making

Published in print:
2016
Published Online:
March 2016
ISBN:
9780199307210
eISBN:
9780190462468
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199307210.003.0006
Subject:
Political Science, American Politics

While federal court judges are uniformly appointed by the president with the advice and consent of the senate, state judicial officials ascend the bench through a variety of selection paths, ... More


Why Everyone Is Wrong

Charles Gardner Geyh

in Who is to Judge?: The Perennial Debate Over Whether to Elect or Appoint America's Judges

Published in print:
2019
Published Online:
March 2019
ISBN:
9780190887148
eISBN:
9780190939885
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190887148.003.0005
Subject:
Law, Legal Profession and Ethics, Constitutional and Administrative Law

Chapter 5 revisits the arguments summarized in chapter 4, to the end of showing how and why arguments for and against each system are exaggerated, misleading, and wrong. The focus is on work that ... More


Conceptualizing the Dimensions of Judicial Oversight

Charles Gardner Geyh

in Courting Peril: The Political Transformation of the American Judiciary

Published in print:
2016
Published Online:
March 2016
ISBN:
9780190233495
eISBN:
9780190233518
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190233495.003.0006
Subject:
Political Science, American Politics

Chapter 6 reevaluates the transformation of the American judiciary discussed in chapter 2, in light of the legal culture paradigm and its three dimensions of judicial oversight. This chapter ... More


The Rule of Law Paradigm in a Changing Landscape

Charles Gardner Geyh

in Courting Peril: The Political Transformation of the American Judiciary

Published in print:
2016
Published Online:
March 2016
ISBN:
9780190233495
eISBN:
9780190233518
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190233495.003.0002
Subject:
Political Science, American Politics

Chapter 2 begins by introducing the core components of the traditional rule of law paradigm, which posits that judges, armed with a measure of independence from external encroachments on their ... More


Introduction

Charles Gardner Geyh

in Who is to Judge?: The Perennial Debate Over Whether to Elect or Appoint America's Judges

Published in print:
2019
Published Online:
March 2019
ISBN:
9780190887148
eISBN:
9780190939885
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190887148.003.0001
Subject:
Law, Legal Profession and Ethics, Constitutional and Administrative Law

Chapter 1 introduces the long-standing debate over how best to select judges in the United States and summarizes the positions of the disputants to the end of exposing the interminable and seemingly ... More


The Future of Judicial Selection

Charles Gardner Geyh

in Who is to Judge?: The Perennial Debate Over Whether to Elect or Appoint America's Judges

Published in print:
2019
Published Online:
March 2019
ISBN:
9780190887148
eISBN:
9780190939885
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190887148.003.0007
Subject:
Law, Legal Profession and Ethics, Constitutional and Administrative Law

Chapter 7 then brings the book to conclusion by discussing the future of judicial selection. After summarizing the discussions in the previous six chapters, it notes that the ultimate ambition of a ... More


Explanations and Prescriptions

Charles Gardner Geyh

in Courting Peril: The Political Transformation of the American Judiciary

Published in print:
2016
Published Online:
March 2016
ISBN:
9780190233495
eISBN:
9780190233518
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190233495.003.0007
Subject:
Political Science, American Politics

Chapter 7 concludes on explanatory and prescriptive notes. First, it seeks to show how the legal culture paradigm, and the three-dimensional analysis it subsumes, can help to explain some of the more ... More


(S)electing Judges for Strasbourg: A (Dis)appointing Process?

Koen Lemmens

in Selecting Europe's Judges: A Critical Review of the Appointment Procedures to the European Courts

Published in print:
2015
Published Online:
April 2015
ISBN:
9780198727781
eISBN:
9780191794117
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198727781.003.0006
Subject:
Law, EU Law, Legal Profession and Ethics

This chapter introduces the selection mechanism for judges to the European Court of Human Rights, focusing on the way the Council of Europe approaches the question and on how national states deal ... More


State and Local Elections, Ballot Issues

Dennis W. Johnson

in Democracy for Hire: A History of American Political Consulting

Published in print:
2016
Published Online:
November 2016
ISBN:
9780190272692
eISBN:
9780190272722
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190272692.003.0012
Subject:
Political Science, American Politics

In addition to presidential campaigns, political consultants are increasingly used in state and local campaigns. Indeed, some political consultants prefer working in these races. This trend has led ... More


Keeping Money out of Elections: Government Leveling and Labor Speech

Gregory P. Magarian

in Managed Speech: The Roberts Court's First Amendment

Published in print:
2017
Published Online:
March 2017
ISBN:
9780190466794
eISBN:
9780190466824
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190466794.003.0008
Subject:
Law, Constitutional and Administrative Law

This chapter covers another group of Roberts Court campaign finance decisions that, contrary to this Court’s signature decision in Citizens United, restrict the flow of money into politics. These ... More


Courts Weather the Storm

Eric M. Freedman

in Making Habeas Work: A Legal History

Published in print:
2018
Published Online:
January 2019
ISBN:
9781479870974
eISBN:
9781479802470
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9781479870974.003.0015
Subject:
Law, Constitutional and Administrative Law

During the first few decades of the nineteenth century, advocates of an independent court system staffed by law-trained judges with law-declaring powers in the common law tradition launched a ... More


Who is to Judge?: The Perennial Debate Over Whether to Elect or Appoint America's Judges

Charles Gardner Geyh

Published in print:
2019
Published Online:
March 2019
ISBN:
9780190887148
eISBN:
9780190939885
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190887148.001.0001
Subject:
Law, Legal Profession and Ethics, Constitutional and Administrative Law

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 ... More


The International Court of Justice During the Battle for International Law (1955–1975): Colonial Imprints and Possibilities for Change

Ingo Venzke

in The Battle for International Law: South-North Perspectives on the Decolonization Era

Published in print:
2019
Published Online:
December 2019
ISBN:
9780198849636
eISBN:
9780191883927
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198849636.003.0011
Subject:
Law, Public International Law

This chapter investigates the role of the International Court of Justice (ICJ) during the battle for international law circa the years of 1955–1975. It first draws attention to newly independent ... More


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