(2008) 58 University of New Brunswick Law Journal 52-72.
I really enjoyed writing this piece. I developed it during a period of tremendous change to the Supreme Court appointments process, which for the first time required nominees to appear before a Parliamentary committee. This article, published after the hearing involving Marshall Rothstein, assesses its utility. It’s interesting for me to read now, as I think that subsequent events have confirmed my warnings that, unless accompanied by structural reforms to bring the legislative branch to the table, hearings do little to advance transparency and accountability.