1. Session 2: The Problem of State Judicial Campaign “Arms Races”—What Can Be Done in the State Legislatures and State Courts

    01:25:09

    from Seattle University Law Review / Added

    11 Plays / / 0 Comments

    Many years ago, when my hair was still thick, this justice spoke at a conference on state court judicial elections. I was not there, but the story goes that when it came to an audience question, an idealistic young man asked this West Virginia supreme court justice: How do you go about becoming a state supreme court justice? Do you have to go to a good law school? Do you have to become involved in the state bar association? Do you have to become involved in civic organizations? Do you have to become a trial judge, then an appellate judge, and then tender your resume to the governor and hope that merit is the measure? Is that how you have to do it? Without pausing for an ethical second, the bold justice from West Virginia said, “Money, my man, money.” This is the realist backdrop or subtext for much of the discussion about Caperton and also White. At least some of the subtext includes an animosity to judicial elections and an attempt to defang them. This panel discussion on state judicial campaigns includes Chief Justice Shirley Abrahamson, Justice Hans Linde, Jamie Pedersen, Judge David Schuman, Charles Wiggins, and Ronald Collins.

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    • Tim Cullen for Your Arkansas Supreme Court

      02:35

      from Judicial Campaigns / Added

      315 Plays / / 0 Comments

      Tim Cullen is running for the Arkansas Supreme Court, and this video is his personal statement on why he is running to serve on a seven-member court.

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      • Session 1: One Symptom of a Serious Problem: Caperton v. Massey

        01:58:11

        from Seattle University Law Review / Added

        44 Plays / / 0 Comments

        Consider this extraordinary narrative: A resident of a small town brings a tort action against a big corporation and wins a multi-million-dollar jury trial award. While the judgment is pending on appeal to the state supreme court, one of the liberal justices known to often side with tort plaintiffs is up for judicial re-election. To ensure the election of a new justice more sympathetic to corporate defendants, the corporation’s CEO pumps in an extraordinary amount of campaign money, both as candidate contributions and as independent political action committee advertising expenditures. Predictably, the newly elected justice casts the tie-breaking vote in favor of the corporation and reverses the jury trial victory. If this sounds like a narrative from a John Grisham novel, that is because it actually is. I have summarized the plot of The Appeal, Grisham’s 2008 bestseller. When Grisham was interviewed on NBC’s Today Show during his promotional tour, the host, Matt Lauer, asked whether such a chain of events could ever realistically occur. “It’s already happened,” Grisham answered. “It happened a few years ago in West Virginia. A guy who owned a coal company got tired of getting sued, and he elected his own man to the state supreme court.” Reality is, indeed, stranger than fiction. The amazing case to which Grisham referred is, of course, the subject of panelists Bert Brandenburg, Andrew Siegel, Richard Hasen, Kathleen Sullivan, and David M. Skover's discussion—Caperton v. A.T. Massey Coal.

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        • The Missouri Plan - A Model for the Nation

          10:20

          from Missouri Bar / Added

          9 Plays / / 0 Comments

          The Missouri Nonpartisan Court Plan is a model for the nation in producing judges who are accountable to the law, the Constitution and the notion of fair and impartial justice for all. The plan secures high-quality judges in the least political way and ultimately gives the people the final say through retention elections. This 10-minute video produced by The Missouri Bar explains how the nonpartisan court plan works, explores the rich history that inspired Missourians to be the first in the nation to adopt the system, and demonstrates the clear contrast of how this least political and corruption free system Missourians benefit from today compares with other states without the plan.

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          • Know Your Judge

            00:30

            from Colorado Bar Association / Added

            156 Plays / / 0 Comments

            When judges are on the ballot, what do you do? Don't skip them, be informed. Get the simple, impartial, nonpartisan facts at www.knowyourjudge.com.

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            • Jed Shugerman - History in the Making

              06:19

              from Fordham Law School / Added

              Professor Jed Shugerman, an expert on legal history, joins the Fordham Law faculty.

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