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The people's courts: The rise of jud...

Shugerman, Jed Handelsman.

The people's courts: The rise of judicial elections in America.

Record Type:	Language materials, printed : Monograph/item
Title/Author:	The people's courts: The rise of judicial elections in America.
Author:	Shugerman, Jed Handelsman.
Description:	464 p.
Notes:	Advisers: Glenda Gilmore; Robert Gordon.
Notes:	Source: Dissertation Abstracts International, Volume: 69-05, Section: A, page: 1954.
Contained By:	Dissertation Abstracts International69-05A.
Subject:	History, United States.
Online resource:	http://pqdd.sinica.edu.tw/twdaoapp/servlet/advanced?query=3317214
ISBN:	9780549656647

The people's courts: The rise of judicial elections in America.
Shugerman, Jed Handelsman.

The people's courts: The rise of judicial elections in America. - 464 p.

Advisers: Glenda Gilmore; Robert Gordon.

Thesis (Ph.D.)--Yale University, 2008.

After the Civil War, fear of corruption prompted reformers in several states to extend the judges' terms. Added job security contributed to more judicial power in late nineteenth-century tort law. In the wake of flooding disasters, elected judges were much more likely to adopt more populist strict liability than appointed judges were, and judges elected to long terms were the most likely. Elections to long terms seem to have made judges responsive to the public, without subjecting them to the fear and favor of special interests. In the second half of the nineteenth century, judicial elections created a more powerful and more interventionist state judiciary, a surprising contrast to the periods before and after.

ISBN: 9780549656647Subjects--Topical Terms:

212533
History, United States.

The people's courts: The rise of judicial elections in America.
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100 $a Shugerman, Jed Handelsman. $3 321810
245 1 4 $a The people's courts: The rise of judicial elections in America.
300 $a 464 p.
500 $a Advisers: Glenda Gilmore; Robert Gordon.
500 $a Source: Dissertation Abstracts International, Volume: 69-05, Section: A, page: 1954.
502 $a Thesis (Ph.D.)--Yale University, 2008.
520 $a After the Civil War, fear of corruption prompted reformers in several states to extend the judges' terms. Added job security contributed to more judicial power in late nineteenth-century tort law. In the wake of flooding disasters, elected judges were much more likely to adopt more populist strict liability than appointed judges were, and judges elected to long terms were the most likely. Elections to long terms seem to have made judges responsive to the public, without subjecting them to the fear and favor of special interests. In the second half of the nineteenth century, judicial elections created a more powerful and more interventionist state judiciary, a surprising contrast to the periods before and after.
520 $a Almost 90% of state judges today face some kind of popular election. This peculiar institution emerged in a sudden burst from 1846 to 1853, when twenty states adopted judicial elections.
520 $a In the wave of judicial elections mid-century, the key was that the new supporters of judicial elections aimed to increase judicial power and strengthen judicial review. The turning points were overspending on internal improvements and then the Panics of 1837 and 1839, plunging the states into crippling debt. With legislatures disgraced, some appointed judges began striking down statutes more regularly in the 1840s. Then nineteen states called constitutional conventions from 1844 to 1853, chiefly to impose new limits on legislative power. Populist revolts and party maneuvering led to New York's adoption in 1846, which then sparked a national movement (combined with local issues, including slavery) of judicial power by the people, for the people.
520 $a The modern perception is that judicial elections, then and now, weaken judges and the rule of law. Indeed, some critics of judicial power in the early republic supported judicial elections for those reasons, but they turned instead to more direct and effective attacks on the courts. Until 1846, only Mississippi elected all of its judges.
520 $a The reformers got results: elected judges in the 1850s struck down state laws at an unprecedented level. These elected judges offered familiar majoritarian explanations for judicial review, but surprisingly, they also turned to countermajoritarian justifications for defending the rule of law and individual rights against the "evils" of democracy.
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650 $a Law. $3 207600
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710 $a Yale University. $3 212430
773 0 $g 69-05A. $t Dissertation Abstracts International
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790 1 0 $a Gilmore, Glenda, $e advisor
790 1 0 $a Gordon, Robert, $e advisor
791 $a Ph.D.
792 $a 2008
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