Judicial elections, democratic appointment (e.g., senate confirmation), and the Missouri Plan (a/k/a "merit selection")

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Tuesday, January 14, 2014

Delaware Supreme Court Selection: Chancellor Leo Strine

Most of the countries publicly traded companies choose to incorporate in, and thus be governed by the law of, a tiny state--Delaware.  Is it a coincidence that the final word on this state's law is a supreme court chosen by the "federal model" of executive nomination and then confirmation by the senate?  I argue this is a better system than judicial elections or a bar-favoring nominating commission.

For the current vacancy, Delaware’s governor nominated Leo Strine, chief judge of the state’s prestigious business court, the Delaware Court of Chancery.  Delaware Online writes "Strine has built a national reputation for having a brilliant legal mind. His legal analyses of corporate law matters have been widely praised.  If confirmed, as expected, by the Delaware Senate later this month, Strine could bring his spontaneity to a court some have characterized as 'formal,' observers say."

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