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Education: Patterns

Gordon Marshall, Adam Swift, and Stephen Roberts

in Against the Odds?: Social Class and Social Justice in Industrial Societies

Published in print:
1997
Published Online:
October 2011
ISBN:
9780198292401
eISBN:
9780191684913
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198292401.003.0005
Subject:
Political Science, Political Theory

This chapter examines a particular conception of social justice that aims to defend class inequalities on the grounds that they are reflections of differential merit, with merit being identified with ... More


A Short and Pointed History 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/9780190887148.003.0002
Subject:
Law, Legal Profession and Ethics, Constitutional and Administrative Law

Chapter 2 places the current state of affairs in context, with a short history of judicial selection in the United States, touching on the five distinct methods of judicial selection that have ... More


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


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


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


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


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


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


Centralizing Policy and Patronage

Peter Margulies

in Law's Detour: Justice Displaced in the Bush Administration

Published in print:
2010
Published Online:
March 2016
ISBN:
9780814795590
eISBN:
9780814759608
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814795590.003.0005
Subject:
Law, Constitutional and Administrative Law

This chapter examines the Bush administration's attempts to displace traditional criteria and processes, such as merit selection, to centralize justice policy. It begins with an overview of ... More


4 Centralizing Policy and Patronage

Peter Margulies

in Law's Detour: Justice Displaced in the Bush Administration

Published in print:
2010
Published Online:
March 2016
ISBN:
9780814795590
eISBN:
9780814759608
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814795590.003.0005
Subject:
Law, Constitutional and Administrative Law

This chapter examines the Bush administration's attempts to displace traditional criteria and processes, such as merit selection, to centralize justice policy. It begins with an overview of ... More


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