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THE JUDICIAL CONFIRMATIONS PROCESS
SELECTING FEDERAL JUDGES IN THE TWENTY-FIRST CENTURY

A JURIST ONLINE SYMPOSIUM
Introduction
Professor Jason Mazzone
Brooklyn Law School

Jason Mazzone is an Assistant Professor at Brooklyn Law School and the editor of this special JURIST symposium. His principal areas of academic work have been constitutional law and history, criminal law, civil procedure, and federalism.

Confirmation Dreams
Professor Michael J. Gerhardt
William and Mary Law School

Michael J. Gerhardt is Arthur B. Hanson Professor of Law at William & Mary Law School and author of a newly revised edition of The Federal Appointments Process: A Constitutional and Historical Analysis (Duke University Press, 2003).

Is the Judicial Confirmation Process Broken?
What would Hamilton, Tocqueville, and Montesquieu do?

Professor Stephen B. Presser
Northwestern University School of Law

Stephen B. Presser is the Raoul Berger Professor of Legal History at Northwestern University School of Law.

Anatomy of a Confirmation Mess: Recent Trends in the Federal Judicial Selection Process
Professor John Anthony Maltese
University of Georgia

John Anthony Maltese is associate professor of political science at the University of Georgia.


Judicial Selection During the Bush Administration: Is The System Broken?
Professor Elliot Slotnick
Ohio State University

Elliot Slotnick is a professor of politics in the Department of Political Science and an associate dean of the Graduate School at the Ohio State University.

Judicial Confirmation Crisis?
Professor Sheldon Goldman
University of Massachusetts at Amherst

Sheldon Goldman is professor of political science at the University of Massachusetts at Amherst. He is the author of Picking Federal Judges: Lower Court Selection from Roosevelt through Reagan (Yale University Press, 1997).

Judicial Selection, Independent Jurists, and Life-Tenure
Professor Judith Resnik
Yale Law School

Judith Resnik is the Arthur Liman Professor of Law at Yale Law School, where she teaches courses on the judiciary, federalism, procedure, and women's rights, both domestically and internationally. She is the author of Processes of the Law: Understanding Courts and their Alternatives (Foundation Press, 2004) as well as many articles and essays related to adjudication. She has testified before Senate subcommittees on the question of judicial appointments.

Why Has the Lower Federal Court Appointment Process Become So Politicized and What Can We Do About It?
Professor Nancy Scherer
University of Miami

Nancy Scherer is an Assistant Professor of Political Science at the University of Miami. Her book, Scoring Points: Politicians, Activists and the Lower Court Appointment Process, will be published by Stanford University Press in 2004.

The Passionate Intensity of the Confirmation Process
Professor Jack M. Balkin
Yale Law School

Jack M. Balkin is the Knight Professor of Constitutional Law and the First Amendment, Yale Law School.

A Little Jousting Over a Tournament of Judges
Professor Stephen Choi
Boalt Hall School of Law, University of California, Berkeley
Professor Mitu Gulati
Georgetown University Law Center
John V. Orth
University of North Carolina at Chapel Hill
Ahmed E. Taha
Wake Forest University School of Law

Stephen Choi is the Roger J. Traynor Professor of Law at Boalt Hall School of Law, University of California, Berkeley. Mitu Gulati is Professor of Law at Georgetown University Law Center. John V. Orth, J.D. is the William Rand Kenan, Jr. Professor of Law at the University of North Carolina at Chapel Hill. Ahmed E. Taha is Assistant Professor of Law at Wake Forest University School of Law.

FOREWORD
As Republicans and Democrats began an unprecedented running battle last year over a series of controversial judicial nominations made by President George W. Bush, JURIST invited Professor Jason Mazzone of Brooklyn Law School to assemble a panel of leading legal scholars and political scientists to offer their thoughts, analyses and suggestions on the overall judicial confirmations process in a special JURIST Forum symposium. We now publish those essays in the hope that they contribute to a better understanding of the underlying issues, and perhaps to an amelioration of the overall nominations and confirmations process..

Bernard Hibbitts
Director, JURIST
Professor of Law University of Pittsburgh

April 15, 2004