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The idea that wealthy people use their money to influence things,
including politics, law, and media will surprise very few people.
However, as Michael S. Kang and Joanna Shepherd argue in this
readable and rich study of the state judiciary, the effect of money
on judicial outcomes should disturb and anger everyone. In the
current system that elects state judges, the rich and powerful can
spend money to elect and re-elect judges who decide cases the way
they want. Free to Judge is about how and why money increasingly
affects the dispensation of justice in our legal system, and what
can be done to stop it. One of the barriers to action in the past
has been an inability to prove that campaign donations influence
state judicial decision-making. In this book, Kang and Shepherd
answer that challenge for the first time, with a rigorous empirical
study of campaign finance and judicial decision-making data.
Pairing this with interviews of past and present judges, they
create a compelling and persuasive account of people like Marsha
Ternus, the first Iowa state supreme court justice to be voted out
of office after her decision in a same-sex marriage case. The
threat of such an outcome, and the desire to win reelection,
results in judges demonstrably leaning towards the interests and
preferences of their campaign donors across all cases. Free to
Judge is thus able to identify the pieces of our current system
that invite bias, such as judicial reelection, and what reforms
should focus on. This thoughtful and compellingly written book will
be required reading for anybody who cares about creating a more
just legal system.
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