A Response to Professor Fitzpatrick: The Rest of the Story
Penny J. White
University of Tennessee College of Law
American Judicature Society
Tennessee Law Review, Vol. 75, No. 3, 2008
University of Tennessee Legal Studies Research Paper No. 69
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 PlanAccepted Paper Series
Date posted: August 6, 2009
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