Gaylord, Scott W. “Unconventional Wisdom: The Roberts Court’s Proper Support of Judicial Elections,” Mich. St. L. Rev. 1521 (2011).

September 11, 2012

This article explores the effects of the Roberts Court’s recent First Amendment cases on judicial elections. Arguing that the protection afforded speech rights by the Roberts Court actually promotes the independence, accountability, and quality of state court judges.

Pozen, David E. “Judicial Elections as Popular Constitutionalism,” 110 Colum. L. Rev. 2047 (2010). (SSRN)

May 9, 2012

This article uses the normative theory of popular constitutionalism as a foundation for new arguments for and against an elective judiciary.

Pozen, David E. “The Irony of Judicial Elections,” 108 Colum. L. Rev. 265 (2008). (SSRN)

May 9, 2012

This article presents an analytic taxonomy of the arguments for and against judicial election systems, discusses the costs and benefits of elective judiciaries in the “new era” of higher campaign spending and increased interest group involvement, and argues that there is an underappreciated tradeoff between the health of judicial elections and the health of the judiciary.

Pozen, David E. “What Happened in Iowa?” 111 Colum. L. Rev. Sidebar 90 (2011).

April 17, 2012

This article discusses the 2010 Iowa judicial election, in which voters turned out in unprecedented numbers and three justices were removed, in the context of popular constitutionalism and its relationship to federalism and popular sovereignty.

Schotland, Roy A. “A Plea for Reality,” 74 Mo. L. Rev. 507 (2009). (SSRN)

February 17, 2012

This article addresses the ongoing debate about judicial elections and proposes measures to combat the troublesome features of elective systems.

Tarr, G. Alan. “Designing an Appointive System: The Key Issues,” 34 Fordham Urb. L.J. 291 (2007).

December 20, 2011

This article analyzes the merits of appointive systems and discusses the failure of the electoral system to give judges actual competition.

Reid, Traciel V. “Assessing the Impact of a Candidate’s Sex in Judicial Campaigns and Elections in North Carolina,” 25 Justice System Journal 183 (2004).

December 20, 2011

This empirical study of North Carolina district court elections from 1994 to 1998 examines the impact of a candidate’s sex upon judicial campaigns and judicial elections, concluding that female candidates were able to secure more campaign financing than were male candidates and that it is difficult to demonstrate voter discrimination against female candidates.

Caufield, Rachel Paine. “What Makes Merit Selection Different?” 15 Roger Williams U. L. Rev. 765 (2010). (Lexis)

December 20, 2011

This article outlines the history of the movement toward merit selection, analyzes various studies comparing merit systems to elective systems, and concludes that merit-selected judges appear to be more independent from partisan influences, less likely to reflect popular sentiment in their decisions, more diverse, and more ethical than their elected counterparts.

Menton, Francis Jr., “Book Review: In Defense of Judicial Elections,” 12 Engage 1, 130 (2011).

December 20, 2011

This article briefly summarizes and reviews “In Defense of Judicial Elections” by Chris W. Bonneau and Melinda Gann Hall.

Behrens, Mark A., and Cary Silverman. “The Case for Adopting Appointive Judicial Selection Systems for State Court Judges,” 11 Cornell J.L. & Pub. Pol’y 273 (2002).

December 20, 2011

This article reviews the problems associated with judicial elections, including financing issues, unhealthy rhetoric, and the effect of judicial campaigns on public confidence, and argues that an appointive system is necessary for a truly independent judiciary.