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Essays on Judicial Selection and Judicial Behavior- [electronic resource]
Contents Info
Essays on Judicial Selection and Judicial Behavior- [electronic resource]
자료유형  
 학위논문
Control Number  
0016934492
International Standard Book Number  
9798380485739
Dewey Decimal Classification Number  
324.973
Main Entry-Personal Name  
Parker, Brett Oliver.
Publication, Distribution, etc. (Imprint  
[S.l.] : Stanford University., 2023
Publication, Distribution, etc. (Imprint  
Ann Arbor : ProQuest Dissertations & Theses, 2023
Physical Description  
1 online resource(117 p.)
General Note  
Source: Dissertations Abstracts International, Volume: 85-04, Section: A.
General Note  
Advisor: Bonica, Adam;Brady, David W.;Cain, Bruce E.;Fiorina, Morris P.;Iyengar, Shanto.
Dissertation Note  
Thesis (Ph.D.)--Stanford University, 2023.
Restrictions on Access Note  
This item must not be sold to any third party vendors.
Summary, Etc.  
요약When it comes to selecting legislators and governors, U.S. states almost universally take the same approach: they hold partisan elections. Judicial selection is different. States are starkly divided between five different methods of choosing judges. Some stick with the partisan elections they employ for picking governors and legislators; others use nonpartisan contests; a third group practices so-called "merit" selection; still others allow the governor to nominate whomever she prefers; and two states even let the state legislature make selections.This diversity-perhaps unsurprisingly-has created a vigorous debate among legal scholars and political scientists about the best way to pick judges. The judicial selection wars have raged for years without resolution, perhaps in part because research on the subject remains relatively new. Scholars have yet to fully catalogue the consequences that flow from using one selection process rather than another, making it difficult for any method to stand out as best. For policymakers to fully understand the implications of their institutional choices, they need additional, high-quality work.Thus far, scholars have followed three primary lines of research. The earliest of these articles concentrate on the impact of electoral pressure on judges-they suggest that such pressure produces particularly punitive outcomes in criminal cases. Later work examines how different selection methods affect judicial behavior in specific types of cases, such as those involving the death penalty or abortion. Most recently, scholars have begun examining the relationship between selection methods and overall ideology (i.e., whether particular selection methods produce consistently liberal or conservative judges).While each branch of the subfield has made strides, they collectively leave much unexplored. This dissertation examines three of those untouched topics.Two of the papers (Chapters 2 and 3) consider relationships between selection method and ideology that have thus far been neglected. Research in this vein has focused almost exclusively on ideological direction. I focus instead on ideological extremity (Chapter 2) and ideological polarization (Chapter 3). These concepts matter because judicial behavior depends on more than a liberal/conservative binary. Extreme judges may be more willing to entertain aggressive changes to the law; just consider the difference that switching from John Roberts (a moderate conservative) to Brett Kavanaugh (a more committed conservative) as the Supreme Court's median justice had on abortion jurisprudence. Likewise, polarization may weaken public confidence in the judiciary. When every Democratic Justice on the North Carolina Supreme Court votes against a GOP gerrymander and every Republican Justice votes for it, those judges appear to be little more than partisan hacks manipulating the law in their team's favor.
Subject Added Entry-Topical Term  
Primaries & caucuses.
Subject Added Entry-Topical Term  
Governors.
Subject Added Entry-Topical Term  
Legislatures.
Subject Added Entry-Topical Term  
Capital punishment.
Subject Added Entry-Topical Term  
Judicial elections.
Subject Added Entry-Topical Term  
Criminology.
Subject Added Entry-Topical Term  
Political science.
Added Entry-Corporate Name  
Stanford University.
Host Item Entry  
Dissertations Abstracts International. 85-04A.
Host Item Entry  
Dissertation Abstract International
Electronic Location and Access  
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Control Number  
joongbu:643344
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