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A Response to Professor Fitzpatrick: The Rest of the Story

43 Pages Posted: 6 Aug 2009  

Penny J. White

University of Tennessee College of Law

Malia Reddick

American Judicature Society

Date Written: Spring 2008

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.

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

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: https://ssrn.com/abstract=1275456

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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