WVU professor aims for state's prosperity in Rule of Law
The Rule of Law, edited by West Virginia University’s College of Business and Economics Professor Russell Sobel, continues a conversation started by Unleashing Capitalism: Why Prosperity Stops at West Virginia Border and How to Fix it.
Unleashing Capitalism, winner the 2008 Sir Antony Fisher International Memorial Award, presents a broad agenda of reform to encourage West Virginia’s economic growth. Sobel said The Rule of Law provides more in-depth analysis on what he calls "the state’s failing legal and judicial systems."
The Rule of Law addresses many legislative issues he believes inhibit the state from achieving a healthy business climate and economic success. The book includes 12 chapters detailing specific policy analysis and research-supported reform.
Dr. Sobel believes the state has a flawed judicial selection and lacks guaranteed court appeals. These, he contends, are two of the most important issues addressed in the book.
West Virginia is one of only a handful of states that still holds partisan judicial elections. Sobel believes it is time to "remove the politics of the party system from our courts".
"The ‘rule of law’ is all about getting a fair trial. It isn’t about whether your court system is Democrat or Republican -- the ideal situation is one where we don’t know or care whether our judges are Democrats or Republicans because they’re making decisions fairly based on cases’ merits," Sobel said.
The book provides research that shows a switch to non-partisan elections or gubernatorial appointments would change who runs and who is selected for judicial office. Sobel believes would benefit the quality of West Virginia’s legal system.
"Moving away from the partisan election system would bypass party politics and allow candidates to be selected not on party affiliation, but on reputation," he said.
Half of the book is devoted to this issue, including some chapters both in favor and opposed to maintaining the current legal system.
The book includes chapters on North Carolina’s most recent success in moving away from partisan elections and a letter from Supreme Court Justice Sandra Day O’Connor expressing approval of this reform.
Sobel says the state’s lack of guaranteed court appeals also limits the state’s prosperity.
West Virginia is the only state in the nation without an intermediate court system guaranteeing the right to appeal.
Sobel said Chesapeake Energy’s recent denial of an appeal to West Virginia’s Supreme Court serves as evidence of the state’s inhospitable business environment.
"We’re in competition with the other 49 states to attract jobs and new businesses. We have to treat people fairly and treat them the same way they are treated in other states if we expect them to locate here."
As legal and judicial reform gains momentum in West Virginia, Sobel, along with other contributing scholars, hopes this book will continue to inspire statewide debate and help strengthen economic literacy in state citizens. They also hope it aids policy makers with valuable information and research.
Sobel holds the James Clark Coffman Distinguished Chair in Entrepreneurial Studies at WVU and served as the Founding Director of the WVU Entrepreneurship Center from 2002-06.Sobel has published more than 150 books and articles and has received numerous awards for teaching and researching. He has had research featured in various national publications and has appeared on several national news broadcasts for his work.
The Rule of Law was funded by the Kendrick Fund for Free Market Research at the College of Business and Economics.
Copies of the book may be purchased from Lulu.com or at any major online bookstore. A free version can be found at Sobel’s website.
