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Your search keyword '"Hurwitz, Mark S."' showing total 4 results
Start Over Author "Hurwitz, Mark S." Topic judicial selection & appointment
4 results on '"Hurwitz, Mark S."'

1. Strategic Retirements of Elected and Appointed Justices: A Hazard Model Approach.

Author

Curry, Todd A. and Hurwitz, Mark S.

Subjects
*JUDICIAL selection & appointment, *RETIRED judges, *JUDICIAL elections, *APPELLATE courts, *LAW & politics, *HUMAN behavior
Abstract

Strategic accounts of judges usually consider various aspects of dispensation of cases. We look beyond these traditional areas of study in judicial politics to examine whether state supreme court justices render strategic retirement decisions. More specifically, we posit a dual theory of strategic retirements conditioned upon the institutional arrangements in which elected and appointed justices make retirement decisions. Employing an event history framework that analyzes the duration of state supreme court justices' tenure and reason for departing the bench in the several selection and retention systems from 1980 to 2005, we show that elected and appointed justices engage in strategic retirement behavior but do so as a function of the diverse environments in which they operate. Our study implicates a number of theoretical, empirical, and normative issues regarding the selection and retention of state supreme court justices. [ABSTRACT FROM AUTHOR]

Published
2016
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2. States as Laboratories of Experimentation: The Nature of Selection Systems in State Courts.

Author

Hurwitz, Mark S. and Lanier, Drew Noble

Subjects
*JUDICIAL selection & appointment, *STATE courts, *CIVIL service reform, *U.S. states
Abstract

States as Laboratories of Experimentation: The Nature of Selection Systems in State CourtsAbstractIn this paper, we revisit our research (Hurwitz and Lanier 2001, 2003, 2005) which focused on judicial selection systems and levels of diversity in state and federal appellate courts over two cross-sections of time, 1985 and 1999. Here, we focus on the year 2005 by examining how selection systems have changed since our prior studies. While we had observed an increasing number of state courts employing the merit system of selection from 1985 to 1999, there was a trivial increase of such courts from 1999 to 2005, with use of other systems remaining stable. That is, the changing use of selection systems that was the prior rule was no longer the case, as a good deal of continuity defined the types of selection systems now utilized in the states. However, when we analyze levels of diversity in both state and federal courts, we observe an increasing number and percentage of judges who are political minorities. In this regard, change is the order of the day with respect to women and minorities on appellate benches in the United States. Finally, our descriptive analyses demonstrate that particular methods of judicial selection do not influence the rate at which political minorities attain the bench. In particular, the merit system of selection, once derided by some as disfavoring nontraditional judges by preferring a prior status quo, continues to have no systematic influence on diversity, thus confirming our earlier findings. While there are a myriad of rationales for state policy makers to choose one particular selection method over any other, our research substantiates that consideration of associated levels of diversity need not be included in this decisional calculus. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

Published
2006

3. The Politics of Judicial Selection: The Case of the Michigan Supreme Court.

Author

WHEAT, ELIZABETH and HURWITZ, MARK S.

Subjects
*JUDICIAL selection & appointment, *CITIZENS United v. Federal Election Commission, *JUDICIAL elections, *U.S. states, REPUBLICAN Party of Minnesota v. White (Supreme Court case)
Abstract

The article presents a historical overview of the politics of judicial selection in the U.S., focusing on an examination of the hybrid electoral system employed by Michigan Supreme Court, as well as the November 2008 election in which Michigan Circuit Court Judge Diane Hathaway defeated the incumbent Supreme Court Chief Justice Clifford Taylor. The retirements of U.S. Supreme Court (USSC) Justices David Souter and John Paul Stevens are addressed, along with the USSC's rulings in the cases Republican Party of Minnesota v. White and Citizens United v. Federal Election Comm'n.

Published
2013

4. JUDICIAL DIVERSITY IN FEDERAL COURTS: A Historical and Empirical Exploration.

Author

HURWITZ, MARK S. and LANIER, DREW NOBLE

Subjects
*DIVERSITY in the workplace, *FEDERAL courts, *JUDICIAL selection & appointment, *SELECTION & appointment of U.S. Supreme Court justices, *FREEDOM of religion, *PERSECUTION of Christians
Abstract

The article discusses judicial diversity in the U.S. federal court system as of September 2012, focusing on an examination of gender, religion, and race in regards to those people who have been selected to serve as federal judges and U.S. Supreme Court Justices. Freedom of religion in America is addressed, including a historical analysis of the persecution inflicted on Catholics and Jews. The impact of education and judicial experience on the process of selecting judges is examined, including an assessment of former U.S. Supreme Court Chief Justice Harlan Fiske Stone's tenure on the bench.

Published
2012

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