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A Response to Professor Fitzpatrick: The Rest of the Story


Penny J. White


University of Tennessee College of Law

Malia Reddick


American Judicature Society

Spring 2008

Tennessee Law Review, Vol. 75, No. 3, 2008
University of Tennessee Legal Studies Research Paper No. 69

Abstract:     
In his essay Election as Appointment: The Tennessee Plan Reconsidered, Professor Brian T. Fitzpatrick contends that Tennessee's selection and retention method for appellate court judges is both unconstitutional and unmeritorious. This Essay responds to those claims. Part I will respond to Professor Fitzpatrick's claim that the Tennessee Plan is unconstitutional; Part II will respond to his claim that the Plan is not fulfilling the purposes which led the Tennessee legislature, in its wisdom, to adopt it.

Number of Pages in PDF File: 43

Keywords: Judicial Selection, Judicial Election, Judicial Retention, Tennessee Plan

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Date posted: August 6, 2009  

Suggested Citation

White, Penny J. and Reddick, Malia, A Response to Professor Fitzpatrick: The Rest of the Story (Spring 2008). Tennessee Law Review, Vol. 75, No. 3, 2008; University of Tennessee Legal Studies Research Paper No. 69. Available at SSRN: http://ssrn.com/abstract=1275456

Contact Information

Penny J. White (Contact Author)
University of Tennessee College of Law ( email )
1505 West Cumberland Avenue
Knoxville, TN 37996
United States
Malia Reddick
American Judicature Society
Chicago, IL 60601
United States
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