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| Author | : Chris W. Bonneau |
| Publisher | : Routledge |
| Total Pages | : 248 |
| Release | : 2009-06-02 |
| Genre | : Political Science |
| ISBN | : 1135852685 |
Download In Defense of Judicial Elections Book in PDF, ePub and Kindle
One of the most contentious issues in politics today is the propriety of electing judges. Ought judges be independent of democratic processes in obtaining and retaining their seats, or should they be subject to the approval of the electorate and the processes that accompany popular control? While this debate is interesting and often quite heated, it usually occurs without reference to empirical facts--or at least accurate ones. Also, empirical scholars to date have refused to take a position on the normative issues surrounding the practice. Bonneau and Hall offer a fresh new approach. Using almost two decades of data on state supreme court elections, Bonneau and Hall argue that opponents of judicial elections have made—and continue to make—erroneous empirical claims. They show that judicial elections are efficacious mechanisms that enhance the quality of democracy and create an inextricable link between citizens and the judiciary. In so doing, they pioneer the use of empirical data to shed light on these normative questions and offer a coherent defense of judicial elections. This provocative book is essential reading for anyone interested in the politics of judicial selection, law and politics, or the electoral process. Part of the Controversies in Electoral Democracy and Representation series edited by Matthew J. Streb.
| Author | : Melinda Gann Hall |
| Publisher | : Stanford University Press |
| Total Pages | : 264 |
| Release | : 2014-10-29 |
| Genre | : Law |
| ISBN | : 0804793093 |
Download Attacking Judges Book in PDF, ePub and Kindle
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.
| Author | : Matthew J. Streb |
| Publisher | : NYU Press |
| Total Pages | : 267 |
| Release | : 2009-07 |
| Genre | : Law |
| ISBN | : 0814740979 |
Download Running for Judge Book in PDF, ePub and Kindle
"This outstanding collection of essays provides new insight into one of the most important features of the American judicial system. Matthew J. Streb has assembled a first-rate set of contributors who offer a fascinating exploration of the institutions, incentives, and democratic consequences of electing judges."--Kevin T. McGuire, author of Understanding the U.S. Supreme Court "A timely and important addition to the literature on state courts and judicial politics by a stellar team of contributors. New research is presented on a range of issues that will interest scholars and students not only of courts but state politics more generally."--David M. O'Brien, author of Storm Center: The Supreme Court in American PoliticsAcross the country, races for judgeships are becoming more and more politically contested. As a result, several states and cities are now considering judicial election reform. Running for Judge examines the increasingly contentious judicial elections over the last twenty-five years by providing a timely, insightful analysis of judicial elections. The book ties together the current state of the judicial elections literature, and presents new evidence on a wide range of important topics, including: the history of judicial elections; an understanding of the types of judicial elections; electoral competition during races; the increasing importance of campaign financing; voting in judicial elections; the role interest groups play in supporting candidates; party organizing in supposedly non-partisan elections; judicial accountability; media coverage; and judicial reform of elections.Running for Judge is an engaging, accessible, empirical analysis of the major issues surroundingjudicial elections, with contributions from prominent scholars in the fields of ju
| Author | : Chris W. Bonneau |
| Publisher | : Routledge |
| Total Pages | : 274 |
| Release | : 2016-12-08 |
| Genre | : Political Science |
| ISBN | : 1317288211 |
Download Judicial Elections in the 21st Century Book in PDF, ePub and Kindle
Leading authorities present the latest cutting edge research on state judicial elections. Starting with recent transformations in the electoral landscape, including those brought about by U.S. Supreme Court rulings, this volume provides penetrating analyses of partisan, nonpartisan, and retention elections to state supreme courts, intermediate appellate courts, and trial courts. Topics include citizen participation, electoral competition, fundraising and spending, judicial performance evaluations, reform efforts,attack campaigns, and other organized efforts to oust judges. This volume also evaluates the impact of judicial elections on numerous aspects of American politics, including citizens’ perceptions of judicial legitimacy, diversity on the bench, and the consequences of who wins on subsequent court decisions. Many of the chapters offer predictions about how judicial elections might look in the future. Overall, this collection provides a sharp evidence-based portrait of how modern judicial elections actually work in practice and their consequences for state judiciaries and the American people.
| Author | : Lawrence Baum |
| Publisher | : University of Virginia Press |
| Total Pages | : 184 |
| Release | : 2017-10-03 |
| Genre | : Law |
| ISBN | : 0813940354 |
Download The Battle for the Court Book in PDF, ePub and Kindle
Once largely ignored, judicial elections in the states have become increasingly controversial over the past two decades. Legal organizations, prominent law professors, and a retired Supreme Court justice have advocated the elimination of elections as a means to choose judges. One of their primary concerns is interest group involvement in elections to state supreme courts, which they see as having negative effects on both the courts themselves and public perceptions of these judicial bodies. In The Battle for the Court, Lawrence Baum, David Klein, and Matthew Streb present a systematic investigation into the effects of interest group involvement in the election of judges. Focusing on personal-injury law, the issue that has played the most substantial role in spurring interest group activity in judicial elections, the authors detail how interest groups mobilize in response to unfavorable rulings by state supreme courts, how their efforts influence the outcomes of supreme court elections, and how those outcomes in turn effectively reshape public policies. The authors employ several decades’ worth of new data on campaign activity, voter behavior, and judicial policy-making in one particularly colorful, important, and representative state—Ohio—to explore these connections among interest groups, elections, and judicial policy in a way that has not been possible until now.
| Author | : Greg Weiner |
| Publisher | : University Press of Kansas |
| Total Pages | : 224 |
| Release | : 2019-08-02 |
| Genre | : Political Science |
| ISBN | : 0700628371 |
Download The Political Constitution Book in PDF, ePub and Kindle
Who should decide what is constitutional? The Supreme Court, of course, both liberal and conservative voices say—but in a bracing critique of the “judicial engagement” that is ascendant on the legal right, Greg Weiner makes a cogent case to the contrary. His book, The Political Constitution, is an eloquent political argument for the restraint of judicial authority and the return of the proper portion of constitutional authority to the people and their elected representatives. What Weiner calls for, in short, is a reconstitution of the political commons upon which a republic stands. At the root of the word “republic” is what Romans called the res publica, or the public thing. And it is precisely this—the sense of a political community engaging in decisions about common things as a coherent whole—that Weiner fears is lost when all constitutional authority is ceded to the judiciary. His book calls instead for a form of republican constitutionalism that rests on an understanding that arguments about constitutional meaning are, ultimately, political arguments. What this requires is an enlargement of the res publica, the space allocated to political conversation and a shared pursuit of common things. Tracing the political and judicial history through which this critical political space has been impoverished, The Political Constitution seeks to recover the sense of political community on which the health of the republic, and the true working meaning of the Constitution, depends.
| Author | : Kyle Cheek |
| Publisher | : Peter Lang |
| Total Pages | : 204 |
| Release | : 2005 |
| Genre | : Business & Economics |
| ISBN | : 9780820467672 |
Download Judicial Politics in Texas Book in PDF, ePub and Kindle
In recent years, judicial elections have changed dramatically. The elections themselves have become increasingly partisan, interest group involvement in judicial races has escalated, recent court decisions have freed judicial candidates to speak more openly than ever before about their judicial ideologies, and the tenor of judicial campaigns has departed significantly from what were once low-key, sleepy affairs. This book examines the evolution of the new rough-and-tumble politics of judicial elections by focusing on Texas, a bellwether for the new judicial selection politics in America. The Texas experience illustrates what can - and usually will - go wrong when judges are elected, and lays the path for meaningful reforms to stem the tide of the new politics of judicial elections.
| Author | : Philip L. Dubois |
| Publisher | : University of Texas Press |
| Total Pages | : 333 |
| Release | : 2014-07-03 |
| Genre | : Political Science |
| ISBN | : 0292768680 |
Download From Ballot to Bench Book in PDF, ePub and Kindle
Over several decades, many U.S. states abandoned the practice of selecting their judges by direct popular election and adopted the Missouri Plan of judicial selection. In From Ballot to Bench, Philip L. Dubois subjects the various criticisms raised against judicial elections to a more searching scrutiny than previously has been attempted. Dubois carefully reviews the three central counts on which judicial elections have been faulted: for lowering the quality of the bench, for impairing judicial independence, and for failing to secure judicial accountability. After concluding that the potential for judicial elections to hold judges popularly accountable is what might commend them over alternative selection methods, Dubois concentrates on the analysis of empirical evidence to evaluate judicial elections as mechanisms of accountability. The study examines all the statewide partisan and nonpartisan elections for state supreme court justices in non-southern states from 1948 to 1974. Included is a detailed examination of voter participation, electoral competition, the behavior of judicial electorates, and the patterns of gubernatorial vacancy appointments. An analysis of decision making on eight state supreme courts also tests the relationship between different selection systems and judicial behavior. Dubois finds that partisan elections maximize voter participation, meaningfully structure voter choices, minimize accession to the bench by appointment, and allow popular control over gubernatorial appointments. Additional evidence on the extent of partisan voting by judges selected under different methods leads Dubois to conclude that partisan elections are superior to both nonpartisan elections and nonelective selection methods as instruments of accountability. The importance of the questions addressed, the breadth of the data collected, and the unorthodox conclusions offered make this a significant book for political scientists, judges, lawyers, and public officials.
| Author | : Richard A. Posner |
| Publisher | : Princeton University Press |
| Total Pages | : 286 |
| Release | : 2001-07-05 |
| Genre | : Political Science |
| ISBN | : 1400824281 |
Download Breaking the Deadlock Book in PDF, ePub and Kindle
The 2000 Presidential election ended in a collision of history, law, and the courts. It produced a deadlock that dragged out the result for over a month, and consequences--real and imagined--that promise to drag on for years. In the first in-depth study of the election and its litigious aftermath, Judge Posner surveys the history and theory of American electoral law and practice, analyzes which Presidential candidate ''really'' won the popular vote in Florida, surveys the litigation that ensued, evaluates the courts, the lawyers, and the commentators, and ends with a blueprint for reforming our Presidential electoral practices. The book starts with an overview of the electoral process, including its history and guiding theories. It looks next at the Florida election itself, exploring which candidate ''really'' won and whether this is even a meaningful question. The focus then shifts to the complex litigation, both state and federal, provoked by the photo finish. On the basis of the pragmatic jurisprudence that Judge Posner has articulated and defended in his previous writings, this book offers an alternative justification for the Supreme Court's decision in Bush v. Gore while praising the Court for averting the chaotic consequences of an unresolved deadlock. Posner also evaluates the performance of the lawyers who conducted the post-election litigation and of the academics who commented on the unfolding drama. He argues that neither Gore's nor Bush's lawyers blundered seriously, but that the reaction of the legal professoriat to the litigation exposed serious flaws in the academic practice of constitutional law. While rejecting such radical moves as abolishing the Electoral College or creating a national ballot, Posner concludes with a detailed plan of feasible reforms designed to avoid a repetition of the 2000 election fiasco. Lawyers, political scientists, pundits, and politicians are waiting to hear what Judge Posner has to say. But this book is written for and will be welcomed by all who were riveted by the recent crisis of presidential succession.
| Author | : Alan M. Dershowitz |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 289 |
| Release | : 2001-06-21 |
| Genre | : Political Science |
| ISBN | : 0199743665 |
Download Supreme Injustice: How the High Court Hijacked Election 2000 Book in PDF, ePub and Kindle
Millions of Americans were baffled and outraged by the U.S. Supreme Court's role in deciding the presidential election of 2000 with its controversial ruling in Bush v. Gore. The Court had held a unique place in our system of checks and balances, seen as the embodiment of fairness and principle precisely because it was perceived to be above the political fray. How could it now issue a decision that reeked of partisan politics, and send to the White House a candidate who may have actually lost the election? In Supreme Injustice, best-selling author and legal expert Alan M. Dershowitz addresses these questions head-on, at last demystifying Bush v. Gore for those who are still angered by the court's decision but unclear about its meaning. Dershowitz--himself a former Supreme Court clerk--argues that in this case for the first time, the court's majority let its desire for a particular partisan outcome have priority over legal principles. As in his other bestselling books, Dershowitz clarifies complex legal issues, explaining concepts such as "equal protection" and "irreparable harm." Digging deeply into their earlier writings and rulings, Dershowitz proves beyond a reasonable doubt that the justices who gave George W. Bush the presidency contradicted their previous positions to do so. The most egregious ruling since the Dred Scott Decision, Bush v. Gore has shattered the image of the Supreme Court as a fair and impartial arbiter of important national issues. The resulting loss of the American people's respect, Dershowitz concludes, has severely compromised the Court's role in national affairs. And yet Dershowitz sees some benefit emerging from this constitutional crisis--if we understand its lessons and take action to prevent it from happening again.
