Abstract

http://ssrn.com/abstract=949946
 
 

Citations (3)



 
 

Footnotes (202)



 


 



'Law is the Mere Continuation of Politics by Different Means': American Judicial Selection in the Twenty-First Century


Herbert M. Kritzer


University of Minnesota Law School


DePaul Law Review, March 2007
Univ. of Wisconsin Legal Studies Research Paper No. 1032
William Mitchell Legal Studies Research Paper No. 71

Abstract:     
This paper examines changing patterns in the politics of judicial selection in the United States. Central to the discussion is that judicial selection in the U.S. has always had a strong political element. Recent changes in the politics of judicial selection reflect a shift from the politics of patronage to the politics of policy. Part of the analysis updates research on the relationship between partisanship and voting in judicial elections. Partisanship has always been strong in states using partisan systems, and that has not changed. Some states that use nonpartisan elections have seen an increase in the partisanship of voting patterns while other states have not seen such an increase. The two states using a mixed partisan (nomination)/nonpartisan (election) system have seen an increase in partisanship, particularly in the post-1990s period. The paper concludes with a discussion of alternative selection systems but emphasizes that no system would eliminate politics, only shift the nature of the politics.

Number of Pages in PDF File: 79

Keywords: judicial selection, judicial elections

Accepted Paper Series





Download This Paper

Date posted: December 7, 2006 ; Last revised: December 23, 2008

Suggested Citation

Kritzer, Herbert M., 'Law is the Mere Continuation of Politics by Different Means': American Judicial Selection in the Twenty-First Century. DePaul Law Review, March 2007; Univ. of Wisconsin Legal Studies Research Paper No. 1032; William Mitchell Legal Studies Research Paper No. 71. Available at SSRN: http://ssrn.com/abstract=949946

Contact Information

Herbert M. Kritzer (Contact Author)
University of Minnesota Law School ( email )
229 19th Avenue South
Minneapolis, MN 55455
United States
Feedback to SSRN


Paper statistics
Abstract Views: 925
Downloads: 107
Download Rank: 153,781
Citations:  3
Footnotes:  202

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo5 in 0.297 seconds