1990
DOI: 10.1177/1532673x9001800304
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Do Judicial Selection Systems Matter?

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Cited by 23 publications
(3 citation statements)
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“…And, of course, distinctions between selection mechanisms are not always clear; governors are often formally or informally involved in selection of both the merit commission and the justice. Graham (1990) found that African Americans were more likely to be appointed rather than elected; however, mixed evidence exists regarding the effect of the type of system used on the degree of gender diversity achieved. In an analysis of state high courts during the 1980s, the Fund for Modern Courts (1985) concluded that women were more likely to obtain judicial office in executive appointment or merit selection systems.…”
Section: Selection Mechanisms and Gendermentioning
confidence: 99%
“…And, of course, distinctions between selection mechanisms are not always clear; governors are often formally or informally involved in selection of both the merit commission and the justice. Graham (1990) found that African Americans were more likely to be appointed rather than elected; however, mixed evidence exists regarding the effect of the type of system used on the degree of gender diversity achieved. In an analysis of state high courts during the 1980s, the Fund for Modern Courts (1985) concluded that women were more likely to obtain judicial office in executive appointment or merit selection systems.…”
Section: Selection Mechanisms and Gendermentioning
confidence: 99%
“…Two studies demonstrate that Blacks or other non-Whites are less likely to come to be on state supreme courts through election than are Whites (Martin and Pyle 2002; Holmes and Emrey 2006, 7). In contrast, a study looking at all levels of courts found that Blacks were more likely to be selected through election systems than through appointive systems (Graham 1990, 328–30). Regarding state supreme courts, the first Black justice to sit on a state supreme court since Reconstruction was Otis Smith who was appointed to the Michigan Supreme Court in 1961; 55 it was another ten years before the next Black justice was appointed, Robert Morton Duncan in Ohio.…”
Section: Discussionmentioning
confidence: 99%
“…The earliest research on these questions tended to conflate the two issues. However, for theoretical reasons, which are discussed below, it is the second of these questions that is of greater importance unless different methods of initial selection produce judges with different types of backgrounds and preferences, something that extensive research has largely found not to be the case (Alozie 1988(Alozie , 1990(Alozie , 1996Bratton & Spill 2002;Canon 1972;Cook 1984;Dubois 1983;Dudley 1997;Emmert & Glick 1988;Esterling & Andersen 1999;Flango & Ducat 1979;Glick & Emmert 1987;Graham 1990;Hurwitz & Lanier 2003;Jacob 1964;Tokars 1986). Furthermore, the early research that did attempt to look at the impact of selection method on judicial decisions (Atkins & Glick 1974, Nagel 1973 focused on the method of selection used when the current incumbent vacates his or her position at the end of a term; in practice, most judges in most election states are appointed to fill a midterm vacancy.…”
Section: Introductionmentioning
confidence: 99%