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53 Vand. J. Transnat'l L. 615 (2020)
Judging Judicial Appointment Procedures

handle is hein.journals/vantl53 and id is 631 raw text is: 




    Judging Judicial Appointment

                     Procedures


                           S.I. Strong*

                           ABSTRACT

       Over   the  last several  years, judicial appointment
   procedures in  the United States have  become  increasingly
   intractable. Members of both parties are seen to engage in
   political gamesmanship,   calling  the  legitimacy of  the
   appointment  process into question  and  decreasing public
   confidence in both the legislature and the judiciary. Questions
   are even beginning to arise about whether and to what extent
   the United States is complying with the rule of law.
       Although  numerous  solutions have been proposed,  one
   alternative has not yet been considered: international law. As
   paradoxical as it may seem, the best and perhaps only feasible
   solution to  quintessentially domestic concerns about  the
   appointment of judges may  require parties to go outside the
   national legal system itself.
       This Article takes its inspiration from the recent decision of
   the European Court of Human  Rights in Case of Gudmundur
   Andri Astradsson v. Iceland and applies certain principles and
   practices reflected in that case to the United States via the
   American  Convention  on Human   Rights. In  so doing, the
   analysis offers a useful and tangible means  of addressing
   improprieties associated with the appointment of judges in the
   United States, thereby providing a new perspective on a very
   important problem.

                      TABLE  OF CONTENTS

   I.    INTRODUCTION ..........................................................  616
   II.   LEGAL BACKDROP  TO ASTRADSSON: ACTIONS IN AND
         INVOLVING ICELANDIC NATIONAL COURTS  ..................  618
 III.    ASTRADSSON  ITSELF: THE ACTION IN THE EUROPEAN
         COURT OF HUMAN  RIGHTS .........................................  620



         * D.Phil. (University of Oxford); Ph.D. (University of Cambridge); J.D.
(Duke University); Associate Professor of Law, University of Sydney; Adjunct
Professor, Georgetown University Law Center; U.S. Supreme Court Fellow (2012-
2013).


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