Shepherd, Joanna M. “Are Appointed Judges Strategic Too?” 58 Duke L. J. 1589 (2009). (SSRN)

December 20, 2011

This article provides empirical support for the argument that appointive systems pose an even greater threat to judicial independence than do elective systems.

  • 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.