Gardner Geyh, Charles. “Straddling the Fence between Truth and Pretense,” 22 Notre Dame J.L. Ethics & Pub. Pol’y 435 (2008). (SSRN)

December 20, 2011

Article examines whether judges decide cases based strictly on law or whether they fit the law to their preferences; and it argues that, while the options present a false dichotomy, there is reason to prefer the law based model beyond court legitimacy.

  • Judicial Election

    Judges are elected by popular vote.
  • Democratic Appointment

    Judges are appointed directly by a democratic body, or appointed by the governor with the advice and consent of some democratic body.