Scott Gaylord paper on the N.C. Supreme Court published by The Federalist Society
Elon Law professor Scott Gaylord's article, "The North Carolina Supreme Court in 2010: Is it Time for Reform" has been published by The Federalist Society for Law and Public Policy Studies.
Gaylord’s article explores the decline in the number of cases decided by the North Carolina Supreme Court in recent years, the potential impacts of that decline for legal clarity in the state, and the importance of published court decisions for the public in states where judges are selected through elections.
“With regard to the North Carolina Supreme Court’s docket, public officials and leaders in the legal and business sectors should consider whether the state would benefit from a Supreme Court that takes more cases and publishes more opinions,” Gaylord writes. “Are specialized lower courts sufficient to create a cohesive and binding body of law in those areas that affect the state’s economic climate? Or is there a benefit from having our highest court provide definitive interpretations of our corporate statutes and constitution?”
In addition, Gaylord’s article reviews the debate over whether states should elect or appoint judges, calling for a broad public discussion about the strengths and weaknesses of various methods.
Click here to download Gaylord’s white paper, published by The Federalist Society online.