The Structure of American Law: The Judges

Abstract This chapter focuses on judges and their role in the American legal system. It begins by examining the judges themselves—who they are and where they come from. Next, the chapter surveys the range of approaches taken by the federal and state governments for choosing their judges—including elective, appointive, and hybrid selection systems—and some of the recent challenges presented by each of those systems. The chapter continues by examining how judges make decisions, including the relationship between judges and juries, the dynamics of multi-member appellate court panels, and the internal and external factors that appear to influence judges. Finally, the chapter explains and evaluates various theories of judicial decisionmaking.