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Election as Appointment: The Tennessee Plan Reconsidered
(Tennessee Law Review, 2008)
Tennessee's merit system for selecting judges - referred to as the Tennessee Plan - has been controversial ever since it was enacted in 1971 to replace contested elections. The greatest controversy has been whether the ...
The Politics of Merit Selection
(Missouri Law Review, 2009)
In this Article, I undertake an evaluation of a method of judicial selection known as "merit selection." The merit system is distinctive from the other systems of judicial selection in the powerful role it accords lawyers. ...
Errors, Omissions, and the Tennessee Plan
(The University of Memphis Law Review, 2008)
In the Spring 2008 issue of the Tennessee Law Review, I wrote an essay questioning whether Tennessee's merit system for selecting appellate judges - the Tennessee Plan - satisfies the requirements of the Tennessee Constitution. ...