Kansas judges

WichitaLiberty.TV: Joseph Ashby on Kansas judges, schools, and the president

WichitaLiberty.TV: Joseph Ashby on Kansas judges, schools, and the president

In this episode of WichitaLiberty.TV: Radio Show Host Joseph Ashby joins host Bob Weeks to talk about Kansas judges, Kansas schools, and presidential politics. View below, or click here to view at YouTube. Episode 128, broadcast September 11, 2016. Shownotes The Joseph Ashby Show The Joseph Ashby Show on iTunes From Pachyderm: Radio Host Joseph Ashby Joseph Ashby author archive at American Thinker
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Kansas Supreme Court: Making law, part 3

Kansas Supreme Court: Making law, part 3

Do the justices on the Kansas Supreme Court make new law? Yes, and here is another example. A paper by Kansas University School of Law Professor Stephen J. Ware explains the problem with the undemocratic method of judicial selection process used in Kansas.[1. Ware, Stephen J. Originalism, Balanced Legal Realism and Judicial Selection: A Case Study. Available at papers.ssrn.com/sol3/papers.cfm?abstract_id=2129265.] The question is whether judges are simply arbitrators of the law, or do they actually participate in the lawmaking process? In his paper, Ware presents eleven examples of judges on the two highest Kansas courts engaging in lawmaking. Here, Ware explains…
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Kansas Supreme Court: Making law, part 2

Kansas Supreme Court: Making law, part 2

Do the justices on the Kansas Supreme Court make new law? Yes, and here is an example. A paper by Kansas University School of Law Professor Stephen J. Ware explains the problem with the undemocratic method of judicial selection process used in Kansas.[1. Ware, Stephen J. Originalism, Balanced Legal Realism and Judicial Selection: A Case Study. Available at papers.ssrn.com/sol3/papers.cfm?abstract_id=2129265.] The question is whether judges are simply arbitrators of the law, or do they actually participate in the lawmaking process? In his paper, Ware presents eleven examples of judges on the two highest Kansas courts engaging in lawmaking. Here, Ware explains…
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Kansas Supreme Court: Selecting Judges

Kansas Supreme Court: Selecting Judges

While many believe that judges should not "legislate from the bench," that is, make law themselves, the reality is that lawmaking is a judicial function. A paper by Kansas University School of Law Professor Stephen J. Ware explains the problem with the undemocratic method of judicial selection process used in Kansas.[1. Ware, Stephen J. Originalism, Balanced Legal Realism and Judicial Selection: A Case Study. Available at papers.ssrn.com/sol3/papers.cfm?abstract_id=2129265.] At issue is whether judges are simply arbitrators of the law, or do they actually participate in the lawmaking process. Ware presents eleven examples of judges on the two highest Kansas courts engaging…
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As lawmakers, Kansas judges should be selected democratically

As lawmakers, Kansas judges should be selected democratically

While many believe that judges should not "legislate from the bench," that is, make law themselves, the reality is that lawmaking is a judicial function. In a democracy, lawmakers should be elected under the principle of "one person, one vote." But Kansas, which uses the Missouri Plan for judicial selection to its highest court, violates this principle. A 2012 paper by Kansas University School of Law Professor Stephen J. Ware explains the problem with the judicial selection process in Kansas. The paper is titled Originalism, Balanced Legal Realism and Judicial Selection: A Case Study and may be downloaded at no…
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