Date of Award
Spring 2024
Degree Name
Bachelor of Arts
Department
Historical & Political Studies; College of Arts & Sciences
First Advisor
Dr. Warren Haffar
Second Advisor
Hon. Christopher Cerski, Esq.
Abstract
My thesis explores the processes by which jurists are appointed to the bench to various State Supreme Courts through several selection methods. I delve deep into the extensive and intricate history surrounding judicial independence as an institutional concept, which has caused signs of concern for many legal and institutional scholars. My research aims to address the question: To what extent do the methods and mechanisms intended to safeguard judicial independence effectively fulfill their purpose? To answer this question, I use a pattern matching method to analyze a selection of six summary judgment cases–chosen randomly–from each state. Three cases where the plaintiff is an individual and three where the plaintiff is a corporation; during the years 2012-2022, spanning across three presidencies–Obama, Trump, and Biden. I employ a pattern matching approach, focusing on state supreme court judicial summary judgments from New Jersey, Oklahoma, Washington, South Carolina, and Illinois.
Recommended Citation
Johnson, Michael Jr, "Judicial Independence: An Important Yet Fragile Concept Needed for the Democracy of the United States" (2024). Capstone Showcase. 2.
https://scholarworks.arcadia.edu/showcase/2024/pgl/2
Included in
American Politics Commons, Jurisprudence Commons, Legal History Commons, Legal Theory Commons
Judicial Independence: An Important Yet Fragile Concept Needed for the Democracy of the United States
My thesis explores the processes by which jurists are appointed to the bench to various State Supreme Courts through several selection methods. I delve deep into the extensive and intricate history surrounding judicial independence as an institutional concept, which has caused signs of concern for many legal and institutional scholars. My research aims to address the question: To what extent do the methods and mechanisms intended to safeguard judicial independence effectively fulfill their purpose? To answer this question, I use a pattern matching method to analyze a selection of six summary judgment cases–chosen randomly–from each state. Three cases where the plaintiff is an individual and three where the plaintiff is a corporation; during the years 2012-2022, spanning across three presidencies–Obama, Trump, and Biden. I employ a pattern matching approach, focusing on state supreme court judicial summary judgments from New Jersey, Oklahoma, Washington, South Carolina, and Illinois.