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On the Politics of Judicial Selection: Lawyers and State Campaigns for the Merit Plan

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  • Hanssen, F Andrew

Abstract

This article investigates the support of lawyers' groups for the merit plan, a form of selecting and retaining state judges. Although that support is justified on the grounds of improved administration of justice, this analysis links it to the self-interest of lawyers. First, merit plan procedures involve lawyers and bar associations prominently in the selection process. Second, by reducing a judge's susceptibility to political pressure, the procedures increase the amount of litigation in the state. This article finds that merit plan procedures are associated with between eighteen and thirty-two percent more filings in state supreme courts between 1985 and 1994. Copyright 2002 by Kluwer Academic Publishers

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  • Hanssen, F Andrew, 2002. "On the Politics of Judicial Selection: Lawyers and State Campaigns for the Merit Plan," Public Choice, Springer, vol. 110(1-2), pages 79-97, January.
    • Handle: RePEc:kap:pubcho:v:110:y:2002:i:1-2:p:79-97
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    Cited by:

    1. Timothy Besley, 2013. "Implementation of Anti-Discrimination Policy: Does Judicial Selection Matter?," American Law and Economics Review, Oxford University Press, vol. 15(1), pages 212-251.
    2. Edward López & R. Jewell, 2007. "Strategic institutional choice: Voters, states, and congressional term limits," Public Choice, Springer, vol. 132(1), pages 137-157, July.
    3. Lopez Edward J. & Jewell R. Todd & Campbell Noel D., 2009. "Pass a Law, Any Law, Fast! State Legislative Responses to the Kelo Backlash," Review of Law & Economics, De Gruyter, vol. 5(1), pages 101-135, April.
    4. Tim Besley & Abigail Payne, 2003. "Judicial accountability and economic policy outcomes: evidence from employment discrimination charges," IFS Working Papers W03/11, Institute for Fiscal Studies.

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